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

Keep your mouth shut if you don't have nothing to say instead of judging me and my marriage! yeah driving 26 miles is not okay with me. I live in Manhattan, filed here and should have the interview in the city. Federal Plaza is a large district office.

FYI, I am from a country where life is much better than in the US and few immigrants come from there because there is no interest. No woman from my country in her right mind would marry a USC just for the green card. The only thing holding me here is my son who's his USC father will never let me take him if I leave the US.

No one "judged" you. You asked a question and made a generalization. I responded by asking you not to make generalizations.

...In any case, I don't see anything wrong with them asking for a 2nd interview (in my opinion). They probably want to make sure the marriage is legit (in my opinion).
 
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infopass/status enquiry -- who is correct ?

Hi Guys..
I would suggest not to believe infopass appt with IO for spouse 485 application.
Here is my experience:
Before filing WOM, I took infopass for my spouse and both of us were told by an IO that her background check is complete and her application is pending because the primary applicant(that is me) has not been adjudicated.
I then filed WOM (pro-se) on 29th Aug, 07. My complaint stated that both myself and my spouse 485 is pending with USCIS for 2+ years and my application is pending namecheck. (No mention about spouse application).
We had also intiated a status enquiry using USCIS hotline on 14th Sept for my spouse application. I was expecting a reply stating that processing cannot be complete unless the primary applicant(that is me) is adjudicated.
On Nov 7th,2007 I get a response indicating that my spouse application is pending background checks too. I don't think it is important to evaluate who is correct.
Now Iam in the process of amending my complaint to include my spouse application too.
The AUSA filed for an extension couple of days back. I will speak to him about this and file another amended complaint.
I used to think DMV is the worst incarnation of govt. services. They have improved in recent years. USCIS is the undisputed champ in that field nowadays.
Anyone else had similar issues ?
 
I think you need to file a motion for leave to file supplemental evidence or something like that.

Do you think I can file it as a Declaration ? Who can file a Declaration and who can file an affidavit.

Also I would like to see any documents that forumers have regarding EAD extension especially any document that shows how long before it is recommended to apply for the extension.
 
Do you think I can file it as a Declaration ? Who can file a Declaration and who can file an affidavit.

Also I would like to see any documents that forumers have regarding EAD extension especially any document that shows how long before it is recommended to apply for the extension.

Do not worry too much about the procedure, just do it. That's a beauty of going Pro Se.
I did not see any recommendation from the USCIS regarding EAD renewal. I-765 instructions do not have any specifics.
 
That's what I'm going to do. Anyone has access to AILA website ? I need some help in digging out some documents.
 
CJS Bill

1. What is the CJS bill?

CJS is short for the Commerce, Justice, and Science appropriations
bill. This bill authorizes the budget for the FBI, and that is why
legislation to address name check delays has been included.

2. What is the conference?

The CJS appropriations bill has already been passed in both the House
and the Senate. The conference is where differences are worked out.
See step 8 in the following guide for how a bill becomes a law (the
guide is for kids, but it is still useful for adults):
http://bensguide.gpo.gov/9-12/lawmaking/index.html

3. What is going on with the conference, and why was it not held on
Monday?

We had been hearing from staff in Congress and the Senate that the
bill would likely be on Monday. The delay could be because there are
discussions going on behind the scenes or the delay could be because
of simple scheduling conflicts.

4. When do we expect the conference?

Later this week, maybe.

5. Your asking us to say that national security requires that the FBI
should actually look at name check files. What do you mean?

While your case is delayed, it means that the FBI is not looking at
the file. If people were looking at the files, the files would be
processed in a timely fashion. If name checks are not being processed
in a timely fashion, it is a national security issue.

6. Are we calling in too much?

No. Groups made tens of thousands of calls during the debate earlier
this year on the comprehensive immigration reform bill. We are not
calling too much.

7. What phone number do I call?

Go to www.house.gov and enter your zip code in the top left corner.
After you enter your full zip code, the web site will identify your
Congressman (if you do not know your full zip code, you can look it up
at www.usps.com). You can then go to your Congressman's website and
look for the contact information of the nearest office.

8. How is the lobbying effort going?

We are finding broad support among both Democrats and Republicans. We
are not encountering any opposition. This is very good news.
However, there are some procedural hurdles to pass. Whether the
solution will be addressed in this bill or not is too close to call
right now.

9. What else can I do to help?

First, spread the word. Other groups and even the president of a
University have called in to support this effort. This outreach has
made a tremendous difference. Anybody you know could be a potential
person to call in and to support you -- your boss, the people at your
church, etc.

Second, help out with the cost of the lobbying effort. There is
intense lobbying going on in Washington, DC, beyond what would be
logistically possible for any of us on a volunteer basis. Both
American Families United and Legal Immigrant Association are funding
the lobbying effort. Both groups are 100% volunteer, and all
donations have come from people directly affected (and people we
know personally). To donate:

http://americanfamiliesunited.org/donate
http://legalimmigrant.org
 
Let me know what you need, I can ask my conatct at AILF.

I just want to see any AILA recommendation on when to file I-765 (EAD extension). Defendants took a print out of USCIS page as it exists now that shows that EAD extensions should be filed 6 months before its expiry and that we didn't follow their recommendation. Ofcourse no one knows how the website looked in July when we filed it. I remember that the recommendation was 90 days. My attorney filed it when there was 75 days mainly because he kept harping that my 485 will be approved based on priority dates.

So in essence I have to argue that USCIS by moving the priority dates gave hope to us that our 485s will be approved and that the recommended time when Plaintiffs filed their extension was 60-90 days.
 
lazycis, I happenedly found one of your old inputs as quotted. Those are really impotant points. Particularly the case of 7th Cir. and the judgment by the court. They are great! I will definitely use them in my reply brief.

Please keep us informed of your case. Many members of here, I believe, and I are so grateful to you!


I would focus on proving that USCIS has a non-discretional duty to process I-485 and FBI has non-discretional duty to process name check. If they do (which is obvious to me) then all 3 arguments are dead as 1) prohibits review of only discretional actions or decisions, 2) and 3) fail obviously as well. Below are a couple of points from my brief:

The Supreme Court and Appellate Courts affirmed that an alien has a statutory right to have an application for discretionary relief considered (see Accardi, 347 U.S. at 268; Goncalves v Reno, 144 F.3d at 125 (1st Cir. 1998)).

The US Supreme Court and Appellate Courts distinguished between the discretion in the Attorney General as to the ultimate decision to grant relief and the underlying process (see Cardoza-Fonseca, 480 U.S. at 443-44), see also Subhan v. Ashcroft, 383 F.3d 591, 594 (7th Cir. 2004) (interpreting 8 U.S.C. § 1252(a)(2)(B) as preserving jurisdiction when the decision (or action) is not "a judgment denying a request for adjustment of status" under 8 U.S.C. § 1255) and Succar v. Ashcroft, 394 F.3d 8, 26 (1st. Cir. 2005) (holding that the authority of the Attorney General to act is "not a matter of discretion" and is subject to judicial review).
 
Publicus,

God bless you and your loved ones. You are doing a tremendous public service and making a change in people's lives.

Lawsuits Steps explained here by Publicus is invaluable. I followed the steps suggested by Publicus. Here is the story of my citizenship:

- I applied for US citizenship in July 2004 (filed N-400). My application was "plain vanilla". I moved to US with green card from lottery. I worked for 5 years in US, paid my taxes, didn't have any problems with laws and didn't have any families with me. It can not be any simpler and straight forward than mine!
- I was interviewed in March 2005.
- I was told to wait repeatedly by USCIS whenever I called them or went to appointments at USCIS office. I don't remember the number of times I was told "wait" since they were waiting the so called "security check" to be completed.
- I wrote to a congressman, he didn't even answer.
- I wrote three letters to USCIS with registered return receipts, asking for an answer: I got nothing
- I wrote to FBI, called them and send a fax asking for an answer for the status of my namecheck: I got nothing
- I sent an FOIPA to FBI in October 2006. I got an answer indicating no matches.
- I demanded answer from USCIS again: I got nothing.
At this point, "frustration" and "humiliation" was all I felt. I couldn't take it anymore.
- I printed and followed all the steps Publicus recommended. I felt so "right" about it that I didn't even go to a lawyer (a lawyer that I had a casual conversation told me "wait". Sometimes I wonder whether USCIS pays lawyers for them to tell us "wait").
- I filed a pro se lawsuit in Boston in April 2007, after 2 years of painful waiting and continuous humiliation. Three weeks after I filed my lawsuit, I was asked by a USCIS lawyer to withdraw my case so that they could process my file. I gave them my "conditional" OK, with the condition that my application would be "immediately" completed. I was a citizen on June 1, 2007.

Some practical advise to others, who may be going through similar experiences. All said by Publicus before, I am only agreeing with him:


- Believe in your case before anyone believes in your case. You can not make a case that you don't believe yourself.
- It's key that you do all you can beyond any doubt to get what you deserve-your citizenship! Try all the ways although you think that they may not work. What if one of them works? You have to consume all the administrative ways before you go to court.
- Document everything. Mail receipts, copy of your letters to and from USCIS and FBI, phone calls, copy of appointments with USCIS. Have a proof of all your efforts to get your application processed.
- Speak with people (friends, naturalized people, lawyers) and read about it. Learn it!Don't leave yourself to the mercy of a lawyer. Don't get me wrong! All I am saying is know your game so that you can ask the right questions to a lawyer if you need to. You are the one to make the decision, not the lawyer. You have to understand what a lawyer is talking about. In the end do what you believe.
- Avoid "analysis paralysis" syndrom. Answers are going to roll out in front of you as you take action on your case.

Good luck to all. I can email the copy of my lawsuit letter to anyone, who wants to see a sample.

No to Waiting!
 
I just want to see any AILA recommendation on when to file I-765 (EAD extension). Defendants took a print out of USCIS page as it exists now that shows that EAD extensions should be filed 6 months before its expiry and that we didn't follow their recommendation. Ofcourse no one knows how the website looked in July when we filed it. I remember that the recommendation was 90 days. My attorney filed it when there was 75 days mainly because he kept harping that my 485 will be approved based on priority dates.

So in essence I have to argue that USCIS by moving the priority dates gave hope to us that our 485s will be approved and that the recommended time when Plaintiffs filed their extension was 60-90 days.

What a BS. Do I really need to search the USCIS every time I file a form? You can say that there is nothing in the regulations or in the form instruction regarding the timing. Why should we held responsible for agency delays? If they want to work forever on our AOS, then why not to extend EAD?AP automatically? If anything, regulations have 90 days deadline, not 180 days.
 
the most important first step

Hi Folks,

I have started preparing my paperwork to file WOM is Missouri. Thats right, I have finally lost my patience....

I'm a noob at this. My 1st question is "how do I label my exhibits?"
Do I just write "Exhibit A" across the page with black marker?

TIA
:eek:
 
Another Boston victory!

Congrats on your citizenship. I would appreciate if you could email me the copy of you complaint at jefkorn@yahoo.com and related docs if you don't mind. I am in Boston and would be filing WOM at 18 month mark.
Publicus,
...
I can email the copy of my lawsuit letter to anyone, who wants to see a sample.
..
 
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Where? It is not in the instructions

This is bullshit.

Where does the six-month timeframe come from? It is not in the EAD application instructions.

Defendants took a print out of USCIS page as it exists now that shows that EAD extensions should be filed 6 months before its expiry .
 
Guys

I asked my lawyer to file the EAD renewal 6 months before expiration of the old one (I told her I saw that on the USCIS website) she said no way! 3 months is plenty,
There is only one place on the website that says 6 months!
I also saw on the website that says if you filed EAD and it is not approved after 90 days contact customer service immediatly which means they are supposed to give it to you within 90 days so why the hell shoud one apply 6 months before it expires?
http://www.uscis.gov/portal/site/us...nnel=a9243529fdb7e010VgnVCM1000000ecd190aRCRD
 
I just want to see any AILA recommendation on when to file I-765 (EAD extension). Defendants took a print out of USCIS page as it exists now that shows that EAD extensions should be filed 6 months before its expiry and that we didn't follow their recommendation.
So in essence I have to argue that USCIS by moving the priority dates gave hope to us that our 485s will be approved and that the recommended time when Plaintiffs filed their extension was 60-90 days.

As Lazycis mentioned regulation sets a 90 days deadline for EAD. Also I know for AP you CANNOT apply for renewal sooner than 120 or else they may send you the copy of your old one. So the 180 days is nonsense.
 
it doesnt matter what the web site says... some pple dont have access to the internet.. some pple don't download forms online, they go pick them up from USCIS or request them to be mailed out to them by phone...
is it on the insructions form ? the answer is NO... then the AUSA's argument is not valid! web site contents can change on a daily basis... but forms need to be approved to be changed... an applicant is expected to follow rules and regulations listed in the instructions section of the form NOT on whats online .. so the AUSA's argument is worthless.... good try though!
 
ask for attorney fees?

Hi Guys,

I was looking at the 1-485 Complaint template. On Pg. 14 I see:

"63. If prevails, Petitioner will seek attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), as amended, 5 U.S.C. § 504 and 28 U.S.C. § 2412."

I'm filing pro se. So should I include this line?

TIA.
:eek:
 
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