Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

Lazycis
i have a strong feeling that ur green will be issued before u get to court... i really don't think they want this publicity and don't want an appeal to pass and be held against them for a very very long time.. (+ who wants to fight u hahaha)

on a side note, are you fingerprints current or expired?
 
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background checks pending - can I file wom lawsuit?

Hi All,

after multiple responses from my two senators it looks like my FBI namecheck was done a long time ago. They keep mentioning that "background checks" are pending.

when i file wom lawsuit, can i leave out the fbi?

tia.
 
Atlanta_Brother said:
Here is my answer to this concern. 18 month mark is a perfect time to file a law suit. Why I say that, coz I myself recently started to think of filing for mandamus at 18 month mark. My case is slightly different. My name check has been cleared since Jan of this year. I have been called for two sets of FP and twice to appear for interviews. At the day of the interview, they tell me that my file has not been transferred to the local DO, so no interview can take place. Upon inquiries thru senators and congressman, I came to know that there are some additional security checks pending & that is why the file is not transferred yet....huh.

I have had discussions with few good immigration attorneys and they all agree, one should not delay it any further & this 18 month mark should be the starting point. I'd say go for it.

MohamedMohamed, please e-mail me at
atlantabrother@hotmail.com

and I will be more than happy to assist you with any of your concerns.
Click to expand...

Hi Atlanta_Brother,
Here is an example of a case that concluded successfully before 18 months mark.
http://www.immigrationportal.com/showpost.php?p=1804354&postcount=13905

So, I kinda disagree with the 18 months mark.

I am also from Atlanta and has filed WOM on 17th Oct. Now I am not saying that I will be successfull with this but, that is just my opinion.

Let see how it goes with mine.
 
kcguy2004 said:
Hi All,

after multiple responses from my two senators it looks like my FBI namecheck was done a long time ago. They keep mentioning that "background checks" are pending.

when i file wom lawsuit, can i leave out the fbi?

tia.
Click to expand...

Nope. Don't leave out FBI. Keep as many defendants as possible. It is easy to let the judge dismiss the plaintiffs than for us to add them.
 
COMPANIONSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSS
THANKK GOD !!!!!!!!1
I have just received an email from AUSA informing me that my namecheck has been completed and that I need to have my fingerprints taken again for the adjudication of my case and that i should receive an apt. letter from USCIS for that pupose!!!!!

lazycis ... YOU ARE NEXT MY FRIEND !!!
Thanks a lotttttttt for all of you for the support and help especially lazycis and lotech and AGC4ME and paz....

i don't wanna celebrate yet... not until i get the card in my hand !!!
Here's my time line:

-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 2007, filed a letter to appeal judge order in the 2nd circuit
- October 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
 
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Thank God!
From the USCIS website:
On October 30, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I filed WOM Sep 17, 2007. Got a lot of help in this forum. Special thanks to Lazycis, AGC4ME. You guys are very helpful. Good luck to everyone still fighting for their rights. Keep fighting.
 
Hiram said:
Lazycis
i have a strong feeling that ur green will be issued before u get to court... i really don't think they want this publicity and don't want an appeal to pass and be held against them for a very very long time.. (+ who wants to fight u hahaha)

on a side note, are you fingerprints current or expired?
Click to expand...

Hiram, dragon, brownbag,
Congratulations on your developments! This is encouraging!

I too have a feeling that the USCIS will move before the appellate court makes a decision in my case. The appeal raises several major issues and I do not see how the government can win on those issues in my circuit :) (And I am determiined to go to SC if needed).
That's why I'd rather get a ruling in our favor than just a green card for myself. I may wait another couple years and go thru the appeal again after MSJ stage, but I think I can do it for the greater good. You are right that if the court rules it will have long lasting effect on a lot of people.

My FP are current so maybe the USCIS is just waiting until I help all others to get what they deserve. I am happy for all of you :D
 
I have prepared my Brief and a seperate Appendix for appeal. I will mail them to the Court tomorrow. Just make sure, 15 copies for the Brief and 10 copies for the Appendix, plus a CD containing these doc., is that right? Seems it is a lot, a whole box. Please confirm.

Thank you lazycis and others in this forum. Heartly congratulation on your victory!


I-140EB1-A AD 04/05
I-485 RD 10/04
WOM Pro Se filed 12/06, Dismissed 09/07
Notice of Appeal filed 10/07
 
TLongTLong,
Why's the haste? Let us discuss and proofread your brief first.
I think you need 10 copies of brief and 5 copies of appendix (my circuit rule), check with your clerk.
CD with the brief in WordPerfect format.
 
That would be so great lazycis! I am going to send my Brief and Appendix to you right away. Please feel free to critisize and revise. I mostly used the AILF version. I actually worried if they would demand copyright from me. Please let me know if any of you friend here wants to proofreading and revise or just want to give some advice. I will send my doc. to you. Nothing is secret.

I-140EB1-A AD 04/05
I-485 RD 10/04
WOM Pro Se filed 12/06, Dismissed 09/07
Notice of Appeal filed 10/07
 
following up on my case

Tlong,
these documents are public record and not copyrighted.. so don't worry (+ you customized to fit your case)

following up on my case, today after I got the AUSA's email that my name check is pending, i called USCIS and was told it may take 5-6 weeks for them to reschedule me for biometrics... i did not like the answer, so i went to the actual USCIS office and insisted to have my fingerprints taken on the spot.. i was surprised they did not give me a hard time... so they took my finger prints, picture, and signature...
i am now waiting passionately for what's gonna happen next !
from your experience guys, how long does it take if ur name check is cleared and u just did your biometrics?

thanks again for the support


-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 2007, filed a letter to appeal judge order in the 2nd circuit
- October 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
- October 2007: went to the USCIS without waiting for them to schedule me for a second apointment, and provided them with my finger prints, picture, and signature
 
Hiram said:
Tlong,
these documents are public record and not copyrighted.. so don't worry (+ you customized to fit your case)

following up on my case, today after I got the AUSA's email that my name check is pending, i called USCIS and was told it may take 5-6 weeks for them to reschedule me for biometrics... i did not like the answer, so i went to the actual USCIS office and insisted to have my fingerprints taken on the spot.. i was surprised they did not give me a hard time... so they took my finger prints, picture, and signature...
i am now waiting passionately for what's gonna happen next !
from your experience guys, how long does it take if ur name check is cleared and u just did your biometrics?

thanks again for the support


-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 2007, filed a letter to appeal judge order in the 2nd circuit
- October 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
- October 2007: went to the USCIS without waiting for them to schedule me for a second apointment, and provided them with my finger prints, picture, and signature
Click to expand...

for N400 it took me 3 weeks after 2nd FP to get oath notice.
 
For TLong and other friends in 7th Cir.

TLong, it's a must read for you, a very well-written decision. MSJ is granted in Wisconsin Western District:

"More generally, and more important, the duty of defendants to decide applications for a change in status may be inferred from Congress’s statutory authorization to noncitizens to submit an application. As the court of appeals recognized in Subhan v. Ashcroft, 383 F.3d 591, 595 (7th Cir. 2004), it is “unlikely that Congress, intending, as it clearly did, to entitle . . . aliens to seek an adjustment of status . . . at the same time also intended section
1252(a)(2)(B)(ii) to place beyond judicial review decisions by the immigration authorities that nullified the statute.” In other words, a right to request relief inherently implies a corresponding obligation to respond. To say otherwise not only encourages irresponsible governance, but allows one branch of government simply to ignore the law, calling into question the rule of law itself."
...
"Without any explanation from defendants for their failure to reach a decision on plaintiff’s application, I must conclude that defendants’ five-year delay is not reasonable.
Accordingly, I will grant plaintiff’s motion for summary judgment and give defendants two months to adjudicate plaintiff’s application."
 
11/26/2007 is the day

Received letter from Court saying decision will be made on 11/26/2007. I hope USCIS doesn't adjudicate spouse's case before then and moot it.
 
wow..........u were so lucky..........u got it so quickly!!!!

dragon66 said:
Thank God!
From the USCIS website:
On October 30, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I filed WOM Sep 17, 2007. Got a lot of help in this forum. Special thanks to Lazycis, AGC4ME. You guys are very helpful. Good luck to everyone still fighting for their rights. Keep fighting.
Click to expand...
 
lazycis said:
Let him file MTD and let the court decide. Even if court remands it back with instructions and fails to set any deadline (which is rare), you will be no worse than now.
Click to expand...

Lazycis,

Thanks again!

I think after I file the MSJ and court makes the order, for example, set the deadline for 3 months, my lawsuit case will be closed right away, correct? Then, if USCIS failed to natualize me within the deadline, what can I do? Is the appeal the only solution?

What is the worse case senario?

Thank you!
 
lazycis said:
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 :)
Click to expand...

Best of luck lazycis!!!

We are all here standing by you, and looking forward to sharing your victory!!
 
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