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

Hi all,

Filed my WOM today. Made a lot of changes. One thing I think I did wrong. For "Complaint For", I put "Writ of Mandamus and Conjunction Relief". Back home and checked the template, it says "Complaint for Mandamus and Injunctive Relief". My English is not good. Even I checked online chinese dictionary, still don't know what they mean. Do I have to tell the Clerk to change it? I have to go back to the Clerk to send Proof of Services anyway. Thanks.
 
Thanks lazycis, Hiram and other friends here!

This doc. is so great and I will definitely add it into my brief. lazycis, although I believe you will get your things done even before the hearing, I do hope you can have a chance to go all the way up to the SC. Your strong will and mastering the law as well as your generous will help hundreds even thousands people who deserve a better treatment from these ugly government agencies.

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
 
lazysic, I have one more naive question: when I cite this doc, what is the title of it? Such as "Subhan v. Ashcroft, 383 F.3d 591, 595 (7th Cir. 2004)", things like that. And if I attach this doc to my brief, is it too much? I have totally 34 pages with 14 Times New Rome letters in my brief now.

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
 
Interesting read indeed!

Lazycis you beat me to it. I haven't finished reading the case yet and was gonna post it afterwards. I did send an email to the editor of bibdaily.com and requested a list of AOS WOM cases posted on its web site so we could download them all, I will update you guys when I receive the response.

This is a very interesting read and except the fact that delay was 5 years and couldn't be used in cases where delays is not that long(les than 2 years or little over 2 years), there are lot of other arguments that go right to the core of defendants' objections.

lazycis said:
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."
Click to expand...
 
To or not to include my spouse as a plaintiff?

Both my and my spouse's I-485 applications have been pending on FBI name checks (for more than two years). Should my WOM complain include my spouse as a plaintiff?

On one hand, I want to keep this as simple as possible. (So, ideally only I will sign the WOM complaint and go to the court just myself.)

On the other hand, I do not want to leave out my spouse. Will they inspect my spouse's application when they check mine? If not, they may end up approving mine but not my spouse's. If I list my spouse as a plaintiff, should she also sign the complaint?

Thank you.
 
WhereIsMyGCUSA
if you just want a green card for yourself and not for your wife, then don't include her as plaintiff...
i see no reason why u shouldn't!
and yes there are many cases where pple do not include their spouse in their law suit and end up getting their GC while their spouse still waits and then they would find no choice but to pay the $350a nd do the work again from zero and file another law suit..

save yourself a hassle, include her as a plaintiff or else you will regret it and end up paying again and doing the same work again when u file a second law suit with her as a plaintiff...

don't worry, 95% of the time neither u nor her will need to show up in court
 
jefkorn said:
Lazycis you beat me to it. I haven't finished reading the case yet and was gonna post it afterwards. I did send an email to the editor of bibdaily.com and requested a list of AOS WOM cases posted on its web site so we could download them all, I will update you guys when I receive the response.

This is a very interesting read and except the fact that delay was 5 years and couldn't be used in cases where delays is not that long(les than 2 years or little over 2 years), there are lot of other arguments that go right to the core of defendants' objections.
Click to expand...

jefkorn,
I have everything related to AOS that was posted on bibdaily.com this year and more. I can send you all opinions, if you are interested. Or you can pick what you want from this list:
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
 
Thanks lazycis

I received response from bibdaily.com's editor, he suggested to use the search function to look for "mandamus". I have gone through the complete thread and downloaded wherever I saw any attachments so I think I should be all set for now.
 
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WhereIsMyGCUSA said:
Both my and my spouse's I-485 applications have been pending on FBI name checks (for more than two years). Should my WOM complain include my spouse as a plaintiff?

On one hand, I want to keep this as simple as possible. (So, ideally only I will sign the WOM complaint and go to the court just myself.)

On the other hand, I do not want to leave out my spouse. Will they inspect my spouse's application when they check mine? If not, they may end up approving mine but not my spouse's. If I list my spouse as a plaintiff, should she also sign the complaint?

Thank you.
Click to expand...

I did not include her as I know her NC is cleared. Hopefully both will get GC together.
 
WhereIsMyGCUSA said:
Both my and my spouse's I-485 applications have been pending on FBI name checks (for more than two years). Should my WOM complain include my spouse as a plaintiff?

On one hand, I want to keep this as simple as possible. (So, ideally only I will sign the WOM complaint and go to the court just myself.)

On the other hand, I do not want to leave out my spouse. Will they inspect my spouse's application when they check mine? If not, they may end up approving mine but not my spouse's. If I list my spouse as a plaintiff, should she also sign the complaint?

Thank you.
Click to expand...

I included my wife's. You do need a signature from her.

I don't see any downside by including my wife in the complaint. I thought that potentially I could save money and time.
 
Best luck!!! I wish you win!!!
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...
 
sk0902 said:
I did not include her as I know her NC is cleared. Hopefully both will get GC together.
Click to expand...

It wouldn't hurt to include your wife actually. I would if I were you since you cannot garantee a GC even after the NC got cleared. We've seen too many such examples, although NC is the biggest hurdle for most of us.
 
NJ Pending Case

lazycis,
Other seniors here: Please advise.
CASE STATUS:
I140-EB2 (ROW - Pakistan) has approved in 2005, PD is december 2001.
I485s(Self, wife, 4 children) filed in December 2004, VSC-TSC-NBC transferred occured, then interviewed (self & wife) in Newark, New Jersey August 2007. My NC is pending as per letter of this interview. All other family members (wife, 4 children) have cleared.
EFFORTS MADE:
Over 15 SRs created (Received responses 2005, 2006, 2007 - Pending Security Check), Contacted two Congressman (responses received in 2005, 2006, 2007 - Pending Security Check/NC), Contacted two Senators (responses received in 2005, 2006, 2007 - Pending Security Check/NC), FBI-FOIPA ("No Record" response received in 2006), Wrote to CIS-Ombudsman (response received " ...USCIS should issue reponse with 45 days...."). I have to wait for this response from USCIS, 15 days more to go for this 45 days letter.

QUESTIONS:
1- Should I included, wife and children in WOM?
2- Four children cases are pending in TSC, do I need to include TSC director as defendent?
3- Mine and wife cases were transferred to NBC from TSC, NBC scheduled interviews for us, do I need to include NBC director as defendent?
4- We were interviewed in district office in Newark, New Jersey, do I need to included interviewer and/or district director?
5- Is it right time for me to file WOM? please advise

BTW, the representative of VSC, told me in 2005, 'the security checks were ordred on december 22, 2004".
In fact, I sent an expedite request, as one of my son will turn 21 in july 2008, but no use.
I need your help and support, I would go for pro-se'

Thanks
 
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Hi, assur,

I am trying to answer your questions according my experiences. Just FYI

1. Doesn't matter too much. I didn't include my family, but I knew they were always together with me. When my case was trafered to TSC from VSC, they did with me. When I was transfered back to VSC, they did too.

2. Defendants should include the directors of FBI and USCIS. Dosen't matter for others. They are in the same gang anyway.

3.It is the high time for you to do WOM, or otherwise you may have to wait another three years.


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
 
assur said:
lazycis,
1- Should I included, wife and children in WOM?
Click to expand...
I included all. My AUSA said I didn't have to but I added my child in the ammended cmplaint anyways. Why not? It doesn't hurt!

2- Four children cases are pending in TSC, do I need to include TSC director as defendent?
Click to expand...
I did not include any directors in service centers. I included only three: Secretary of DHS, Director of USCIS, and director of FBI.

3- Mine and wife cases were transferred to NBC from TSC, NBC scheduled interviews for us, do I need to include NBC director as defendent?
Click to expand...
Don't know about that.

4- We were interviewed in district office in Newark, New Jersey, do I need to included interviewer and/or district director?
Click to expand...
Don't know about that.

5- Is it right time for me to file WOM? please advise
Click to expand...
I would definitely. Your case is even older than mine!
 
TLongTLong said:
Hi, assur,

I am trying to answer your questions according my experiences. Just FYI

1. Doesn't matter too much. I didn't include my family, but I knew they were always together with me. When my case was trafered to TSC from VSC, they did with me. When I was transfered back to VSC, they did too.

2. Defendants should include the directors of FBI and USCIS. Dosen't matter for others. They are in the same gang anyway.

3.It is the high time for you to do WOM, or otherwise you may have to wait another three years.


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
Click to expand...
TLongTLong, thanks for the inputs. I have been reading all pages to get familiar with all requirements before filling WOM.
TLongTLong, did you file yourself?
 
duck008 said:
I included all. My AUSA said I didn't have to but I added my child in the ammended cmplaint anyways. Why not? It doesn't hurt!


I did not include any directors in service centers. I included only three: Secretary of DHS, Director of USCIS, and director of FBI.


Don't know about that.


Don't know about that.


I would definitely. Your case is even older than mine!
Click to expand...
duck008, Thanks for the details.
Actually in all my cases have separated among 2 service center and 1 district office. This thing confuses here.
 
Yes, I did Pro Se. Sure hiring a good lawyer would be much better. To my feeling, at least the district judge in my area did consider the legal background. A forein layman fights with a senior attorney is one thing. A lawyer fights with another lawyer is quite another thing. They know each other pretty well. But for me, I really didn't want to pay $5,000.

I do agree with duck008 for the family thing. It is really no any harm to include your family. For me, I was just too lazy to put more people in my complaint.

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
 
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