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

AGC4ME said:
Did the AUSA inform you or you just got the approval letters in mail ? I'm pretty sure WoM has nothing to do with this approval. It's all due to streamline processing in USCIS.:D:D
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I've got the approvals in my mailbox. No e-mails, nothing. I applied for EAD a month ago (my current one expires on 2/15)! I-485 was approved a day after AILF filed amicus brief. So definitely there is no correlation between those two events :) I'll try to keep my appeal alive.
P.S. Got the actual cards for me and my wife today as well.
 
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Congratulations, Lazycis

Lazycis, my dear friend, Congratulationsssss!!!!
This is really great news to you and big thanksgiving gift from God !
I am very very happy to hear this great news ! You really deserve
this victory. Please relax and enjoy it for now ! You are blessed by
God and a big blessing to this forum. Thank you for your help.

Yaoming


lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Click to expand...
 
lazycis said:
I've got the approvals in my mailbox. No e-mails, nothing. I applied for EAD a month ago (my current one expires on 2/15)! I-485 was approved a day after AILF filed amicus brief. So definitely there is no correlation between those two events :) I'll try to keep my appeal alive.
P.S. Got the actual cards for me and my wife today as well.
Click to expand...

Congratulations! I assume that it is a big relief, although you must feel the same way as I did: it's good that it's over but I was a little bit sorry that I didn't have the chance to go all the way to the end and win the case. If not for me but for all the others coming after me.
 
Thanks to you all!!! You are right about my feelings, Paz. However what you did was not in vain. You paved the road for others, including me. And I guess that feeling is one of the reasons why you are still here helping others. I'll do the same.
 
If you see TSC I-485 forum, quite a bunch of 2006 filers who cleared namecheck

without firing the WOM shot.

sk0902 said:
Called TSC yesterday and I was told that my name check is cleared on 10/29th. I did not believe her. I am going to take an infopass visit 26th Nov and see what they are saying.(if they say anything at all).
Now if it is really cleared, I wonder if that is just a coincident that I filled WOM 10/17th or is it a consequence. I don't think WOM would work so fast, so I think in my head that it is just a coincident. However, in my heart, for the sake of $400 buck I spend for WOM, I think it is the consequence of my WOM.

Let see what I found out in Infopass.

And how lucky I am that from 12/01 my PD will be retrogressed again, for only GOD and DOS knows, when it will be current again.

This assaning f**ing GC process just killed my carrier. I wish, I never would have come here. At least I would be in better shape, healthwise.
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COngratulations !

lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Click to expand...

I was waiting for my 2 year mark to file WOM, now from next month onwards India EB2 cut-off goes to Jan. 2002 :-(
 
duck008 said:
I got the news from my congressman one month ago and then from the AUSA on Wendesday (see my second post above). The big problem now is that I am in the 3rd category and may have to wait for another year for the date become current again (it was current when I file the WOM). I hope there is no expiration for the name check.
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so you are in my category then. I'm still fighting the same sob story that cis is saying. Here are my arguments
1. 8 usc 1255(a)(iii) says visa number be immediately available when the application is filed not when it is adjudicated. There are many complications arising from insisting that a visa number available during adjudication. Let us say you are ineligible, will USCIS wait for a visa number to deny your petition ? Does that mean a criminal can stay in the country just because USCIS cannot get a visa number ? If that's not the case then if your petition can be adjudicated and is not denied mean that it will be approved ? will this approvability carry over until visa numbers are available ? There's just so many questions.
2. uscis wasted visa numbers in 2004 and 2006 so it should be estopped from requiring a visa number now.
3. uscis approved petitions with later priority dates while our petitions were awaiting agency action which is unfair.
4. uscis is not following rules by allotting visa number according to I-140 date but made up its own rules to follow labor date.
5. uscis has no idea how many petitions are pending before plaintiffs so the visa date retrogression is just a wild guess.

These were the arguments I made. At this point I am done with all my MSJ related motions. if the Judge grants defendants' MSJ then I'm no worse off. If the Judge grants my MSJ then its good. If the Judge denies both our MSJs then I guess I'll have the chance to add Department of State to my list of defendants.
 
I filed my I485 case in Aug 2002 and have been stuck in name check rut. This is a very useful thread. There is tons of useful information. Inspired by this thread, I filed my WOM in Sep. 2007. The first step was easy. I am a little overwhelmed by the process since. I will appreciate your help on the following:

1. I recently talked to AUSA and he mentioned that he will request a 60 day extension from me. It seemed that he really hadn't looked into the case. Should I agree to the extension? I have some family responsibilities abroad that I would love to take care of once this is over. So, sooner the better.
2. I recently received a JSR notice from the court. I am confused about this one. Who prepares the JSR? Plaintiff or defendant? How is the Rule 26 conference held? There is no time etc. on the notice .. just the deadlines. This part has me really confused.
3. I did the mistake of only including me (not my wife) as plaintiff. I know procedures allow for adding the parties later. It is advisable to add parties now?
 
mukvij

1. You can oppose the extension or ask AUSA to reduce it to 30 days. However, the court usually grants extension anyway. So there is no reason to fight it too hard the first time. You can also file a request for documents (see page 464) so that you are ready to file MSJ right after AUSA response. This way you will save time on a later stages.

2. JSR is a joint statement so both plaintiff and defendants have to be involved. Usually AUSA prepares a draft and sends it to you. You can amend it and send amended version to AUSA. AUSA then files it with the court. If you cannot agree on JSR, you can file your own version. A sample JSR is here:
http://immigrationportal.com/attachment.php?attachmentid=16293&d=1179280859

3. Why not, you have plenty of time to amend your complaint. You can make any amendment at this stage. Read your complaint again, think about ways of improving it and file a first amended complaint with the court.
 
Congrats to you, Lazycis!

lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Click to expand...

Congrats to you, Lazycis! You're a real fighter. You help almost all the people on this forum. Now it's the time to celebrate your freedom.

BTW, I wonder how do you feel at this moment? Excited? Disappointed? Relief? .......
 
Thanks Lazycis...and many congratulations to you.. If it was not for support available from people like you, many wouldn't even dream of tackling this on their own.

One more thing in the notice is mention of transfer of my petition to full-time magistrate James Donohue. Should I resist? I couldn't find much on judge's WOM history.
 
AGC4ME said:
If the Judge denies both our MSJs then I guess I'll have the chance to add Department of State to my list of defendants.
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Thank you AGC4ME! These are pretty strong arguments and I am preparing my MSJ based on your template. One thing I don't understand though is this adding "Department of State to the list of defendants". Do you not having your Judge's order on the last date for amendment? Can you amend your complaint after that date set by the Judge?
 
You can ask judge's permission to amend your complaint (ask for a leave of court) at any time. If you did not make any amendments yet, it's almost guaranteed that the court will grant you leave. Try it, even though I do not think it is necessary to add DOS as a defendant. If the USCIS requests a visa, DOS should issue it. AGC4Me made great arguments in his MSJ, I did not have anything to add.
 
lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Click to expand...
Congratulations!!!
Now, someone else is destined to set the I-485 favorable win in the first circuit :)
Take few days off from this forum as you enjoy your well earned GC :)
(do come back occasionally to help fellow womer's .. )
 
Congratulations Lazycis...I have not done a lot of input here but I know you have been around here and helping people. As everybody suggests, I also wish you occasionaly comment here...

By the way, as I see some lights down the road, I started to think about my spouse's GC application. You people have gone though a lot and got experienced. What would be your suggestion for a new GC applicant (through naturalized spouse). As a reader of this board I now learned a lot how to apply, which forms to file etc. But I am sure that some might have very valuable technical information that would be very useful in the process. As always, I appreciate your inputs...
 
lazycis said:
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Click to expand...

YEY!!!!!! Congratulations !!!! Finally!
I'm very very happy for you, lazycis. Enjoy your life now. Thanks again for participating on this forum.
 
Congrats Lazycis

Congratulations Lazycis,

I am glad that things worked out for you. I am very happy for you. Please pray that I get success with my WOM soon.
 
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