Results of discovery will help you to come up with the strong MSJ as they will prove (little doubt about it) that the delay is unreasonable. MSJ have to be based on undisputable facts so the results of discovery should be very helpful. It's important to start discovery as early as possible to speed up the resolution so that if AUSA files MTD you could reply with MSJ instead of just opposition. If AUSA files answer, you'll be able to skip JSR conferences and respond with MSJ instead of initiating discovery. It depends on AUSA cooperation, some may not be willing to respond to a discovery request until after an answer/MTD is filed. But it does not hurt to try, right?
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Results of discovery will help you to come up with the strong MSJ as they will prove (little doubt about it) that the delay is unreasonable. MSJ have to be based on undisputable facts so the results of discovery should be very helpful. It's important to start discovery as early as possible to speed up the resolution so that if AUSA files MTD you could reply with MSJ instead of just opposition. If AUSA files answer, you'll be able to skip JSR conferences and respond with MSJ instead of initiating discovery. It depends on AUSA cooperation, some may not be willing to respond to a discovery request until after an answer/MTD is filed. But it does not hurt to try, right?
Chrismartin76
Registered Users (C)
Results of discovery will help you to come up with the strong MSJ as they will prove (little doubt about it) that the delay is unreasonable. MSJ have to be based on undisputable facts so the results of discovery should be very helpful. It's important to start discovery as early as possible to speed up the resolution so that if AUSA files MTD you could reply with MSJ instead of just opposition. If AUSA files answer, you'll be able to skip JSR conferences and respond with MSJ instead of initiating discovery. It depends on AUSA cooperation, some may not be willing to respond to a discovery request until after an answer/MTD is filed. But it does not hurt to try, right?
Thanks. Would you mind posting the timeline from your earlier email and a short explanation of how to initiate a discovery on the wikibook? The wiki book has some information on MTDs and how to respond, but nothing on discovery.
http://en.wikibooks.org/wiki/FBI_name_check
Tracking all these WOM filings it appears the aggrieved parties are mostly Chinese,Indian,Russian etc. It adds to my theory that the 'stuck-in-namecheck' disease affects mostly male applicants from these countries ( my primary source of information is from immigration portal, immigration voice, murthy forum and also my co-workers and others in the bay area companies ). There may be persons suffering from other countries , but i think that will be an exception.
It might be just because most of programmers in USA are male Chinese, Indians and Russians (including xUSSR). Other groups, not observed by you, are either patiently waiting for miracle or feeding the lawyers.
Thanks. Would you mind posting the timeline from your earlier email and a short explanation of how to initiate a discovery on the wikibook? The wiki book has some information on MTDs and how to respond, but nothing on discovery.
http://en.wikibooks.org/wiki/FBI_name_check
I'd love to, but I think somebody who actually went thru discovery process (nastena, AGC4Me) will do a better job on this. I posted a template for discovery on page 464, I believe.
It's not that simple, some steps can be in a different order.
1. file lawsuit ->
2. plaintiff files Discovery request ->It's not that simple, some steps can be in a different order.
1. file lawsuit ->
2. plaintiff files Discovery request ->
3. AUSA files Motion to Extend xx days (might be multiple extension) - if it seems endless, then -> Do not agree to future extensions, file opposition.
4. AUSA files reply/MTD
... multiple scenarios
a) Judge orders JSR/conference -> file JSR report/attent conference
b) No JSR
5. plaintiff files MSJ ->
... multiple scenarios
a) court denies plaintiff's MSJ but assumes jurisdiction -> continue discovery, file subpoena
b) court grants plaintiff's MSJ -> victory
c) USCIS approves application -> victory
d) court dismisses complaint/denies MSJ again -> appeal
There will be no trial as there are no disputable facts usually. Hearings are also rare.
.
Lazycis, thank you so much again. This is much clearer now.
What was the oath ceremony like? They hold it at the Baltimore office right?what time was it scheduled for and did it take a long time?
Also, how much notice did you get before the ceremony? Two weeks, a month, more?...
The ceremony was at 9 am, it took about 2 hours, yes, it was in Federal building in Baltimore. I had very little notice, I got the letter by e-mail at 6:45 pm night before.
The 30 days given by court were over on Oct 17th, and I need to go abroad asap, so I was not willing to wait for another week or two as they asked for, I wanted to reopen the case before I leave. I guess, they found a way to do it faster.
Doing homework for WOM - exhausting all avenues
What could be construed as possible efforts on the plaintiff's part that can be used in WOM. I can think of the most common ones:
1. Writing to senator, congress person, Director of relevant Service Center, Director of FBI, may be head of Name check div of FBI, FL, Ombudsman
2. Calling USCIS phone line every week
3. Taking InfoPass twice a month
But what should we gather for hardship on the plaintiff and his/her family?
If you cite lost job opportunities, it may not fly because that might show that you are not interested in working for the sponsor company?
Financial hardships: Not being able to get financial help from universities.
Spouse not able to apply for lots of jobs requiring GC.
Can't travel in case of emergency without AP if already doesn't have a visa?
What else could be added to the list?
What could be construed as possible efforts on the plaintiff's part that can be used in WOM. I can think of the most common ones:
1. Writing to senator, congress person, Director of relevant Service Center, Director of FBI, may be head of Name check div of FBI, FL, Ombudsman
2. Calling USCIS phone line every week
3. Taking InfoPass twice a month
But what should we gather for hardship on the plaintiff and his/her family?
If you cite lost job opportunities, it may not fly because that might show that you are not interested in working for the sponsor company?
Financial hardships: Not being able to get financial help from universities.
Spouse not able to apply for lots of jobs requiring GC.
Can't travel in case of emergency without AP if already doesn't have a visa?
What else could be added to the list?
List of WOM(I485) and Naturlization in MA
Does anyone know what are the different waiting times for which the I485 WOM was won or filed? I know 1.5 years seems a borderline and more than 2 seems pretty good for WOM?
Does anyone know all WOM(485) or Naturalization cases filed in MA? Looks as if there are not too many filed in MA and it is relatively pro-immigrant state as far as WOMs are concerned. What do you think?
Does anyone know what are the different waiting times for which the I485 WOM was won or filed? I know 1.5 years seems a borderline and more than 2 seems pretty good for WOM?
Does anyone know all WOM(485) or Naturalization cases filed in MA? Looks as if there are not too many filed in MA and it is relatively pro-immigrant state as far as WOMs are concerned. What do you think?
parsfalcon
Registered Users (C)
An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
http://www.trackitt.com/discussion-forums/i485-1/29586503/last-page/
This is different from the bill that was passed in Senate recently.
The important thing for all of us:
WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.
Unless you write, this bill is not going to pass - please do so immediately.
http://www.trackitt.com/discussion-forums/i485-1/29586503/last-page/
What about 1447(b) lawsuits in Georgia. Any hope for pro-se petitioners?
No problem, there are successfull cases in GA.
What could be construed as possible efforts on the plaintiff's part that can be used in WOM. I can think of the most common ones:
1. Writing to senator, congress person, Director of relevant Service Center, Director of FBI, may be head of Name check div of FBI, FL, Ombudsman
2. Calling USCIS phone line every week
3. Taking InfoPass twice a month
But what should we gather for hardship on the plaintiff and his/her family?
If you cite lost job opportunities, it may not fly because that might show that you are not interested in working for the sponsor company?
Financial hardships: Not being able to get financial help from universities.
Spouse not able to apply for lots of jobs requiring GC.
Can't travel in case of emergency without AP if already doesn't have a visa?
What else could be added to the list?
I think CIS Ombudsman reflected our hardships very well in his report
(http://www.dhs.gov/xlibrary/assets/CISOMB_Annual Report_2007.pdf)
(page 57)
• Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship;
• Possible termination of employment due to the inability to comply with required Form I-9 employment verification procedures where USCIS delays interim EAD issuance;
• Difficulties obtaining drivers’ licenses;
• Inability to qualify for certain federal grants and funds;
• Limitations on the ability to purchase property;
• Difficulties obtaining credit and student loans; and
• Disqualification from in-state tuition.
I would add that we cannot work or travel without restriction and can possibly lose our eligibility for green card if economic situation changes. And we have to spend money every year for interim benefits.
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---The quality of life has been degraded; taking sleeing pills and/or anti-depressant to relieve this pain.
---Can't sponsor my immediate family members.
---Can't sponsor my immediate family members.
I think CIS Ombudsman reflected our hardships very well in his report
(http://www.dhs.gov/xlibrary/assets/CISOMB_Annual Report_2007.pdf)
(page 57)
• Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship;
• Possible termination of employment due to the inability to comply with required Form I-9 employment verification procedures where USCIS delays interim EAD issuance;
• Difficulties obtaining drivers’ licenses;
• Inability to qualify for certain federal grants and funds;
• Limitations on the ability to purchase property;
• Difficulties obtaining credit and student loans; and
• Disqualification from in-state tuition.
I would add that we cannot work or travel without restriction and can possibly lose our eligibility for green card if economic situation changes. And we have to spend money every year for interim benefits.
patricia_432
Registered Users (C)
Hi friends,
1. Received account from PACER, but how to query for cases? I typed in FBI director Robert Muller's name, then it found nothing but started charging.
2. how to search posts in this forum? I'm sure we have this in the forum.
Thanks.
1. Received account from PACER, but how to query for cases? I typed in FBI director Robert Muller's name, then it found nothing but started charging.
2. how to search posts in this forum? I'm sure we have this in the forum.
Thanks.
Atlanta_Brother
Registered Users (C)
Time limit
lazycis,
I see that you have pretty good knowledge in the state of GA. Do you know how long does it take for USCIS to respond back after you file mandamus in the state of GA ?
Your or anybody else reading my note's immediate response would be greatly appreciated.
Thank you
No problem, there are successfull cases in GA.
lazycis,
I see that you have pretty good knowledge in the state of GA. Do you know how long does it take for USCIS to respond back after you file mandamus in the state of GA ?
Your or anybody else reading my note's immediate response would be greatly appreciated.
Thank you
Lazycis and others help please
I filed WOM for the name check delay on my I-485 in July. Had a conference with the AUSA in August. The JSR was filed at the end of August. Sent email and made phone calls to the AUSA for discovery and got no response. Now I got this court order (see attached) and don't know whether this is good for me or not. Please comment and advise what to do.
Also should I hire a lawyer? What would you do if you were me?
Thanks in advance for your help!
I filed WOM for the name check delay on my I-485 in July. Had a conference with the AUSA in August. The JSR was filed at the end of August. Sent email and made phone calls to the AUSA for discovery and got no response. Now I got this court order (see attached) and don't know whether this is good for me or not. Please comment and advise what to do.
Also should I hire a lawyer? What would you do if you were me?
Thanks in advance for your help!
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duck0008
Keep it cool man. The trial is scheduled on March 31, 2008. I bet things will be completed before then. You don't need a lawyer yet.
So the AUSA didn't heed your request for discovery, well he cannot afford to do it now that the Court has ordered it. So get your document request ready and serve it on the AUSA by Nov. 13th 2007. The AUSA should complete the discovery by Dec. 10th. The court has given both you and AUSA time till Jan 9 2008 to file all dispositive motions. Hopefully with discovery you can file MSJ immediately. These cases will go to trial only if all these efforts fail. I'm pretty sure the AUSA will not want to waste court's time and incur the court's wrath, especially in 9th circuit.
Keep it cool man. The trial is scheduled on March 31, 2008. I bet things will be completed before then. You don't need a lawyer yet.
So the AUSA didn't heed your request for discovery, well he cannot afford to do it now that the Court has ordered it. So get your document request ready and serve it on the AUSA by Nov. 13th 2007. The AUSA should complete the discovery by Dec. 10th. The court has given both you and AUSA time till Jan 9 2008 to file all dispositive motions. Hopefully with discovery you can file MSJ immediately. These cases will go to trial only if all these efforts fail. I'm pretty sure the AUSA will not want to waste court's time and incur the court's wrath, especially in 9th circuit.
Hi friends,
1. Received account from PACER, but how to query for cases? I typed in FBI director Robert Muller's name, then it found nothing but started charging.
2. how to search posts in this forum? I'm sure we have this in the forum.
Thanks.
Patricia,
I do not search directly in PACER. I use dockets.justia.com and search for Chertoff or Gonzales in the desired district then drill down to the case details. dockets.justia.com links in to PACER (History and Documents) link. In this way you can save some fees.
update on my case
Well I received my card about 2 weeks back. USCIS scheduled interview with spouse on Oct. 15th. They took her I94 away. Now spouse doesn't have an AP, a valid GC nor I94. AUSA has requested a status conference to decide on the remaining issues. We don't know when this conference is going to happen. Will keep you updated.
Well I received my card about 2 weeks back. USCIS scheduled interview with spouse on Oct. 15th. They took her I94 away. Now spouse doesn't have an AP, a valid GC nor I94. AUSA has requested a status conference to decide on the remaining issues. We don't know when this conference is going to happen. Will keep you updated.