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

toolong2 said:
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!
Click to expand...

First, the court will not order USCIS to naturalize you. The judge only will order to adjudicate your application (in the event that s/he remands your case with a specific instruction). The adjudication can be approval or denial. Latter is highly unlikely, if you know that you never broke the law and you have nothing to hide.

Be assured that USCIS will comply with the judge's order (unless they appeal this order). To not do what a judge orders is contempt of the court, a serious offense, and the party who didn't comply with the orders, can go to jail. In the highly unlikely event that USCIS didn't appeal the court order AND didn't adjudicate your application you can motion the court to reopen your case.
 
hi guys
i went court today and got pro se packet ..just finished first reading.
wanted to file asap..
please fell free to give me any suggestions and also WISH US LUCK
as i am going to inlclude my wife as plaintiff too...
 
My case update

in Oct 29 the USCIS website show:
On October 26, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
in Oct 31 the USCIS website show:
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.
Today the AUSA called me and asked me to send the letter to court to dismiss the case. The problem is I haven't received even the first duplicate notice yet. AUSA said he already received that notice yesterday. Why I haven't received it. How long I have to wait to receive the real card? When should I dismiss the case.
 
paz1960 said:
Be assured that USCIS will comply with the judge's order (unless they appeal this order). To not do what a judge orders is contempt of the court, a serious offense, and the party who didn't comply with the orders, can go to jail. In the highly unlikely event that USCIS didn't appeal the court order AND didn't adjudicate your application you can motion the court to reopen your case.
Click to expand...

Paz1960,

Thank you very much.

I am still debating if I should keep letting AUSA file motion for a 3rd extension 60 days and hopefully work on my case, or should I file the MSJ, my concern is that it will take the court a few months to issue the order/response to the MSJ, then it'll be a few more months before the deadline. If MSJ, does it mean the AUSA will be out of the picture and I can no longer contact him for status?

Don't know which approaches takes longer....

Thanks!
 
more updates on my 1447b case:

AUSA notified me that I will need to be re-interviewed after my file is transferred to local (no timeline) and submit more documents (no details given yet). Now it's in DC office.

After the re-interview, it's required to be transferred back to DC office, then more security check (seems no need to redo NC, which was already done 1.5 years ago), then transfer the case back to local office, re-do fingerprint, after all these, oath.

This whole process of transferring back and forth may take many months, right?

Anybody had a 2nd interview? Will this re-interview reset the clock, i.e. my lawsuit will be invalid since it's based on 120-day rule that starts from the interview date.
 
To assur

I think you have enough valid reasons to go for WOM. I would think that you are saving all the communication and will use them as exhibits/proof in your complaint to the court. What a blatant disregard for their own word (although not unexpected) from USCIS that they didn't even expedite the NC for your son who will be aging out, although it is among one of the acceptable reasons to request an expedite.

Good luck!
 
Last edited by a moderator:
dragon66 said:
in Oct 29 the USCIS website show:
On October 26, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
in Oct 31 the USCIS website show:
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.
Today the AUSA called me and asked me to send the letter to court to dismiss the case. The problem is I haven't received even the first duplicate notice yet. AUSA said he already received that notice yesterday. Why I haven't received it. How long I have to wait to receive the real card? When should I dismiss the case.
Click to expand...
I remember someone in this forum said that we'd better not to dismiss the case until received the card. Is that true?
Thank you for your answer.
 
Can I find out who was the Lawyer?

Guys
My name check is pending since Nov. 2004 (marriage based GC)
I found a WOM case in Louisiana which judge dismissed the MTD, and plaintiff got the GC.
I need to know who was the lawyer (if any) how can I do that?
Case: HYUNJUN CHO V.S. Stella Jarina, ET AL
Filed at eastern district of Louisiana filed on Feb. 2007

Appreciate the help
 
dragon66 said:
I remember someone in this forum said that we'd better not to dismiss the case until received the card. Is that true?
Thank you for your answer.
Click to expand...

That's the best strategy. You do not gain anything by dismissing your case. You've waited a couple years. AUSA can wait a couple months.
 
toolong2 said:
more updates on my 1447b case:

AUSA notified me that I will need to be re-interviewed after my file is transferred to local (no timeline) and submit more documents (no details given yet). Now it's in DC office.

After the re-interview, it's required to be transferred back to DC office, then more security check (seems no need to redo NC, which was already done 1.5 years ago), then transfer the case back to local office, re-do fingerprint, after all these, oath.

This whole process of transferring back and forth may take many months, right?

Anybody had a 2nd interview? Will this re-interview reset the clock, i.e. my lawsuit will be invalid since it's based on 120-day rule that starts from the interview date.
Click to expand...

I had a second interview at the DC office per arrangements with AUSA. At the end of the interview they were prepared to naturalize me but my prints had expired. So I was asked to drive over and give my prints and then was naturalized a few days later.

It will not re-start your clock because the 120-day period begins after the first interview.
 
neright said:
Guys
My name check is pending since Nov. 2004 (marriage based GC)
I found a WOM case in Louisiana which judge dismissed the MTD, and plaintiff got the GC.
I need to know who was the lawyer (if any) how can I do that?
Case: HYUNJUN CHO V.S. Stella Jarina, ET AL
Filed at eastern district of Louisiana filed on Feb. 2007

Appreciate the help
Click to expand...

Go to dockets.justia.com and search by plaintiff's name. Justia search result will have a link to PACER, where you can find all the details about a particular case. After you login to PACER, click on "Attorney" link. Here is the info:

Donglai Yang, Attorney at Law
829 Baronne Street
New Orleans, LA 70113
504-581-9322
5046176450 (fax)
hongyang11@cox.net
 
Greeeeen Cardddd Babyyyyyyyyyyyyyyyyyy

THANK GODDDDD

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On November 1, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register


-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 20, 2007, filed a letter to appeal judge order in the 2nd circuit
- October 30, 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 31, 2007, Biometrics given to USCIS
- November 2, 2007: Email notifying me that Green Cards have been ordered
 
jefkorn said:
I think you have enough valid reasons to go for WOM. I would think that you are saving all the communication and will use them as exhibits/proof in your complaint to the court. What a blatant disregard for their own word (although not unexpected) from USCIS that they didn't even expedite the NC for your son who will be aging out, although it is among one of the acceptable reasons to request an expedite.

Good luck!
Click to expand...
jefkorn, thanks
Sure, I have been saving all correspondences/responses.
jefkorn, is there any limitation on the number of pages/annexures/enclosures?
I think I have around 40-50 pages that include self and all derivatives.
Please advise.
Thanks
 
LESSON LEARNED

If You Don't Sue... Prepare To Wait For Years And Years !!!
It Does Not Matter If Your Jurisdiction Is Not Immigrant Friendly... It Does Not Matter If Your Judge Dismisses Your Case.. It Does Not Matter If You Lose The Court Order... Once You Sue, They Will Start Working On Your Green Card (regardless Of What They Say) ....
 
Congrats and good luck!

Congrats Hiram, What's even more important in your case that you filed at 17 month mark, did the AUSA object to the reasonableness of the delay? I am contemplating to file WOM at 18 month mark in Boston. By the way, Hiram are you going to post the docs of your case for us?
 
Last edited by a moderator:
Not sure, other members please help assur

I am not sure about if there's any limit on the number of pages. May be you can check your district courts web site and find out.
assur said:
jefkorn, thanks
Sure, I have been saving all correspondences/responses.
jefkorn, is there any limitation on the number of pages/annexures/enclosures?
I think I have around 40-50 pages that include self and all derivatives.
Please advise.
Thanks
Click to expand...
 
Hiram said:
LESSON LEARNED

If You Don't Sue... Prepare To Wait For Years And Years !!!
It Does Not Matter If Your Jurisdiction Is Not Immigrant Friendly... It Does Not Matter If Your Judge Dismisses Your Case.. It Does Not Matter If You Lose The Court Order... Once You Sue, They Will Start Working On Your Green Card (regardless Of What They Say) ....
Click to expand...

WELL SAID MAN. KICK THEIR ASS. WHAT ARE YOU GONNA LOOSE? $350.00 ?

AT LEAST YOU WILL HAVE SATISFACTION THAT YOU DID EVERYTHING UNDER YOUR POWER TO ACHIEVE YOUR GOAL. THAT IS ALL YOU CAN DO AS HUMAN AND THAT IS ALL MATTER IN UNFAIR LIFE OF HUMAN.

ENJOY YOUR FREEDOM.
 
jefkorn
YES I APPLIED AT THE 17TH MONTH MARK...
NO THE AUSA DID NOT SAY IT IS NOT RESONABLE.. THERE ARE SO MANY CASES WERE JUDGE BELIEVED 6 MONTHS, 1 YEAR, AND 18 MONTHS UNREASONABLE...

BUT REMEMBER, IT DOES NOT MATTER !!!!!! THE JUDGE DISMISSED MY CASE IN BARELY HALF A PAGE AND NO REASONING WHAT SO EVER... IT DOESNT MATTER IF U DO IT YOURSELF OR WITH A LAWYER, IT DOESNT MATTER WHICH COURT YUO FILE IN, AND IT DOESNT MATTER WHAT YOUR JUDGE ORDERS WHAT MATTERS ARE:

1- TO BE DETERMINED AND READY TO SPEND FEW HOURS ON THIS FORUM EVERY DAY AND ON CUSTOMIZING YOUR LAW SUIT
2- TO CONTACT YOUR AUSA AND MAINTAIN GOOD RELATIONSHIP WITH HIM/HER
3- TO KEEP PUSHING UNTIL YOU GET THE GREEN CARD
4- TO KEEP THE FAITH

Once you file a law suit, they will pull your case from the shelf and put it on someone's desk... once u file the opposition to MTD, it becomes a higher priority !!!
 
You must log in or register to reply here.
Top