You are approved. Congratulations.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
You are approved. Congratulations.
Gathering the evidence for adverse effect on plaintiff
Among other factors, adverse effect of delayed application on the plaintiff is important and the would-be WOMers should gather all the paper trail to prove that.
"As for the extent of the prejudice they have suffered, plaintiffs assert that they "suffer[] from the day-to-day stress of not knowing whether they will be able to settle permanently in the United States or if they will be forced to return to China." (Plaintiffs' Opp. at 5:18-19). However, they have not offered any evidence, by way of declaration or otherwise, substantiating their claims of
prejudice. .."
http://bibdaily.com/pdfs/Wang 10-10-07.pdf
Guys if you can put your collective brilliant thoughts into this, it would be much beneficial to future generations(of course I am talking about the name check sufferers). What do you think?
1. What are the benefits available to only green card holders and you will not be eligible otherwise? And how can we get a rejection letter for them?
For example, I know Discover credit card (?) application used to require that only US citizens and legal permanent residents are eligible to apply. That would be easy to get, just apply and if you are rejected, there goes an exhibit in your WOM.
2. Where can I apply for federal loans or at least find where it says only available to legal permanent residents?
3. May be a couple of pre-qualification home loan applications?
4. Have to pay exorbitant tuition fee for non-residents? Where can we get the print-out of FAQs or university web site?
lazycis has answered this questions in a different light but let's come up with more ideas and concrete paper trail.
Go Sox!
Among other factors, adverse effect of delayed application on the plaintiff is important and the would-be WOMers should gather all the paper trail to prove that.
"As for the extent of the prejudice they have suffered, plaintiffs assert that they "suffer[] from the day-to-day stress of not knowing whether they will be able to settle permanently in the United States or if they will be forced to return to China." (Plaintiffs' Opp. at 5:18-19). However, they have not offered any evidence, by way of declaration or otherwise, substantiating their claims of
prejudice. .."
http://bibdaily.com/pdfs/Wang 10-10-07.pdf
Guys if you can put your collective brilliant thoughts into this, it would be much beneficial to future generations(of course I am talking about the name check sufferers). What do you think?
1. What are the benefits available to only green card holders and you will not be eligible otherwise? And how can we get a rejection letter for them?
For example, I know Discover credit card (?) application used to require that only US citizens and legal permanent residents are eligible to apply. That would be easy to get, just apply and if you are rejected, there goes an exhibit in your WOM.
2. Where can I apply for federal loans or at least find where it says only available to legal permanent residents?
3. May be a couple of pre-qualification home loan applications?
4. Have to pay exorbitant tuition fee for non-residents? Where can we get the print-out of FAQs or university web site?
lazycis has answered this questions in a different light but let's come up with more ideas and concrete paper trail.
Go Sox!
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I hope so. Thank you.
What is the duplicate notice?
They just say that notice describing how they will process my case. Crossing my finger right now. Hope it's a good news.
Jefkorn
Check these sites
http://www.gradloans.com/medical_school_loans/medical_residency_loan.php
http://www.umb.edu/students/financial_aid/loan_options.html
http://www.osfa.mass.edu/default.asp?page=massGrant
http://bms.brown.edu/financialaid/forms/LoanPrograms.doc
http://www.lendermark.com/loans_for_permanent_resident_aliens.htm
You can also go to your doctor and get a prescription for sleeping pills.
Go Pats!
Check these sites
http://www.gradloans.com/medical_school_loans/medical_residency_loan.php
http://www.umb.edu/students/financial_aid/loan_options.html
http://www.osfa.mass.edu/default.asp?page=massGrant
http://bms.brown.edu/financialaid/forms/LoanPrograms.doc
http://www.lendermark.com/loans_for_permanent_resident_aliens.htm
You can also go to your doctor and get a prescription for sleeping pills.
Go Pats!
All,
Need your input on how to approach....I am so frustrated, please help.
Seems my case will be endless... it's almost 4.5 years since I filed my N-400, almost 5 months since I filed 1447b, and it still looks I'm in endless waiting.
6/03 filed N-400
6/03 fingerprinted
12/03 interviewed and passed the tests
May 05 NC cleared
Oct 06 moved/filed AR-11 change of address and received confirm letter from USCIS, but my files were never transfered to local office, it's not in my local office, neither in my previous office where I resided/filed my case, in fact it's in DC office.
June 07 - filed 1447b
Aug 07 - AUSA filed motion for Extention 60 days
Oct 07 - AUSA filed 2nd motion for Extention 60 days
Oct 07 - I requested Discovery with AUSA, but he rejected it, stating that I can only request Discovery after he files MTD.
Oct 29, 07 - AUSA told me that my case is still in DC office, and won't be transferred over to local office until 1 months or so, then -> local office will notify me for re-interview (probably 1 month after they got my file) also will request more document from me (sounds like a re-application???) -> after the interview my file will be transferred to DC office again -> wait for DC office to process my application and do the security checks (not sure if it'll be only fingerprint, or a 2nd NC) -> transfer my case back to local -> send me the oath letter if all cleared.
AUSA asked me how I want to approach:
1. let him keep filing more motion for extention until I get natualized
2. let him file MTD and let the court make the decision.
If I choose option 1, it'll be endless extention....
From talking to the AUSA, he gave me the impression that if choose option 2, it's very likely the court will remand my case back to the USCIS with no time limit/deadline(which will be same situation as I am in now, i.e. transfer my case back and forth local-DC-reinterview, etc), not possible for the court to natualize me.
What should I do now? Desperately need your advises, thank you very much.
Need your input on how to approach....I am so frustrated, please help.
Seems my case will be endless... it's almost 4.5 years since I filed my N-400, almost 5 months since I filed 1447b, and it still looks I'm in endless waiting.
6/03 filed N-400
6/03 fingerprinted
12/03 interviewed and passed the tests
May 05 NC cleared
Oct 06 moved/filed AR-11 change of address and received confirm letter from USCIS, but my files were never transfered to local office, it's not in my local office, neither in my previous office where I resided/filed my case, in fact it's in DC office.
June 07 - filed 1447b
Aug 07 - AUSA filed motion for Extention 60 days
Oct 07 - AUSA filed 2nd motion for Extention 60 days
Oct 07 - I requested Discovery with AUSA, but he rejected it, stating that I can only request Discovery after he files MTD.
Oct 29, 07 - AUSA told me that my case is still in DC office, and won't be transferred over to local office until 1 months or so, then -> local office will notify me for re-interview (probably 1 month after they got my file) also will request more document from me (sounds like a re-application???) -> after the interview my file will be transferred to DC office again -> wait for DC office to process my application and do the security checks (not sure if it'll be only fingerprint, or a 2nd NC) -> transfer my case back to local -> send me the oath letter if all cleared.
AUSA asked me how I want to approach:
1. let him keep filing more motion for extention until I get natualized
2. let him file MTD and let the court make the decision.
If I choose option 1, it'll be endless extention....
From talking to the AUSA, he gave me the impression that if choose option 2, it's very likely the court will remand my case back to the USCIS with no time limit/deadline(which will be same situation as I am in now, i.e. transfer my case back and forth local-DC-reinterview, etc), not possible for the court to natualize me.
What should I do now? Desperately need your advises, thank you very much.
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I got the exact same message. The duplicate is mailed to you. The original is mailed to the attorney on record.
lazycis
I see that USCIS published a revised definition of priority date in federal register. See my post before. In my MSJ i had argued that USCIS had an incorrect interpretation of the statute and regulation. My question is this federal register rules, can they be overthrown by the court. They are just agency interpretation of the statutes and regulations right. Do they carry the same force as statutes and regulations in a court of law ? I read somewhere that USCIS banned labor substitution (a previous attempt) which was subsequently challenged and over thrown by the court.
here http://www.insvisa.com/viewheadlines.asp?HeadlineID=156 it talks about how in 1991 labor substitution was banned and overturned by the court.
I see that USCIS published a revised definition of priority date in federal register. See my post before. In my MSJ i had argued that USCIS had an incorrect interpretation of the statute and regulation. My question is this federal register rules, can they be overthrown by the court. They are just agency interpretation of the statutes and regulations right. Do they carry the same force as statutes and regulations in a court of law ? I read somewhere that USCIS banned labor substitution (a previous attempt) which was subsequently challenged and over thrown by the court.
here http://www.insvisa.com/viewheadlines.asp?HeadlineID=156 it talks about how in 1991 labor substitution was banned and overturned by the court.
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martialartman
New Member
Lazycis, yaoming and other members,
I filed my I485 in 09/2005. EB1 and EB2 I140 both were approved. Till now my name check is still pending. From the FBI letter, I found two things: 1) my A# associated with my case is not my A#; 2) the date of my name check initiated by the USCIS is different from what the info pass officer told me. My employer asked our congressman to help expedite my name check and correct the A# mistake. The expedite request was approved by the USCIS. According to the letter from the USCIS, the A# they use to associate my case is different from the previous wrong one, but it is still not mine (Can you believe that? Talking about identifing terrorists? How are such a group of people capable of doing that task?) . The consequence is that my approved expedite request can not be really conducted. I mailed congressman again to correct my A# and make sure my name check indeed expedited. Three month passed, I still heard nothing. I am tired of this INDEFINITE waiting. I just started searching for WOM information. What I have found is in my district, no one filed WOM before.
Do you think in my situation, should I use WOM? My wife’s NC is cleared, should I include her as one of plaintiffs? My case was transferred to NSC from TSC. Which center should I sue? NSC or TSC or both? Before I file the complaints, I want to try the last straw; writing to all the defendants a letter telling them if no action soon, I would use WOM. Do you guys have a template of such a letter especially to US attorney (AUSA?)?
Thank you! When I start WOM, I will keep posting all the experience I will go through.
I filed my I485 in 09/2005. EB1 and EB2 I140 both were approved. Till now my name check is still pending. From the FBI letter, I found two things: 1) my A# associated with my case is not my A#; 2) the date of my name check initiated by the USCIS is different from what the info pass officer told me. My employer asked our congressman to help expedite my name check and correct the A# mistake. The expedite request was approved by the USCIS. According to the letter from the USCIS, the A# they use to associate my case is different from the previous wrong one, but it is still not mine (Can you believe that? Talking about identifing terrorists? How are such a group of people capable of doing that task?) . The consequence is that my approved expedite request can not be really conducted. I mailed congressman again to correct my A# and make sure my name check indeed expedited. Three month passed, I still heard nothing. I am tired of this INDEFINITE waiting. I just started searching for WOM information. What I have found is in my district, no one filed WOM before.
Do you think in my situation, should I use WOM? My wife’s NC is cleared, should I include her as one of plaintiffs? My case was transferred to NSC from TSC. Which center should I sue? NSC or TSC or both? Before I file the complaints, I want to try the last straw; writing to all the defendants a letter telling them if no action soon, I would use WOM. Do you guys have a template of such a letter especially to US attorney (AUSA?)?
Thank you! When I start WOM, I will keep posting all the experience I will go through.
martialartman
Of course, you should file Wom as it is the only way to make the USCIS move (sad, but true). Another letter will not help according to other member's experience. What district are you in? You can include your wife as a plaintiff and you probably should.
Of course, you should file Wom as it is the only way to make the USCIS move (sad, but true). Another letter will not help according to other member's experience. What district are you in? You can include your wife as a plaintiff and you probably should.
update on my case
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome
Good luck to you and request for more info from other members
Thanks for the links! Other members please don't be shy and share your findings regarding my earlier request to gather paper trail of adverse effect on plaintiff.
Good luck to you. I hope AILF will be of great help to your case and we could probably pick some arguments from there as well so all in all it would be a good addition to our arsenal. By the way, was requesting Amicus from AILF was easy? Care to share the details?
Thanks for the links! Other members please don't be shy and share your findings regarding my earlier request to gather paper trail of adverse effect on plaintiff.
Good luck to you. I hope AILF will be of great help to your case and we could probably pick some arguments from there as well so all in all it would be a good addition to our arsenal. By the way, was requesting Amicus from AILF was easy? Care to share the details?
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome
I would like to come
You let me know if and when are you appearing in person there. I am in Boston and would try to show up for moral support if nothing else. By the way, do I just show up or there's a procedure to "reserve" a seat?
You let me know if and when are you appearing in person there. I am in Boston and would try to show up for moral support if nothing else. By the way, do I just show up or there's a procedure to "reserve" a seat?
John Joseph Moakley
U.S. Courthouse
Court of Appeals Panel Courtroom
1 Courthouse Way
Boston, Massachusetts
I doubt they'll let me to bring my laptop, otherwise I' d be able to do a webcast