Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Can't believe this !
5+ years in I-485 namecheck ?! When did you start the GC journey ( i mean , filing of labor, I-140 etc). By the way the judges don't count the sufferings before , like getting stuck in labor 'backlog enhancement centers' etc ?
5+ years in I-485 namecheck ?! When did you start the GC journey ( i mean , filing of labor, I-140 etc). By the way the judges don't count the sufferings before , like getting stuck in labor 'backlog enhancement centers' etc ?
My PD was March 2001. I am sure if this got to the judge.. that would take that into account.
In my case, 485 was filed in Aug. 2002. In 2004 they realized that they had assigned me an A# already in use... So, they gave me a new A# and hence new name check....which had been pending since..
Another interesting thought, has anyone ever considered/ heard of a lawsuit to reduce the citizenship waiting period? I am annoyed that after so much wait I have to wait 5 more years.
In my case, 485 was filed in Aug. 2002. In 2004 they realized that they had assigned me an A# already in use... So, they gave me a new A# and hence new name check....which had been pending since..
Another interesting thought, has anyone ever considered/ heard of a lawsuit to reduce the citizenship waiting period? I am annoyed that after so much wait I have to wait 5 more years.
My AUSA told me that I can initiate discovery only after he files a response/ after a pre-trial conference. Is it possible to schedule a pre-trial conference before his response is due(26Dec07) ?
Does anyone know how to schedule a pre-trial conference in that case ?
Does anyone know how to schedule a pre-trial conference in that case ?
I-485 delay for personal reasons.
Many I-485 applicants(like myself) have a priority date of 5+years.. and delayed filing of I-485 because of wanting to marry an alien! (spouse from home-country). The GC journey becomes very lengthy for them if we get married after getting a GC...All this are valid emotional sufferings that few realize/understand.. and now I have a ~3+ years in namecheck!!!
BTW.. a NYTimes article about reverse migration:
http://www.nytimes.com/2007/12/04/nyregion/04brazilians.html
Many I-485 applicants(like myself) have a priority date of 5+years.. and delayed filing of I-485 because of wanting to marry an alien! (spouse from home-country). The GC journey becomes very lengthy for them if we get married after getting a GC...All this are valid emotional sufferings that few realize/understand.. and now I have a ~3+ years in namecheck!!!
BTW.. a NYTimes article about reverse migration:
http://www.nytimes.com/2007/12/04/nyregion/04brazilians.html
class-action in Southern CA
AP: The American Civil Liberties Union is suing the federal government, claiming the FBI is taking too long doing background checks on immigrants applying for U.S. citizenship.
The suit, Bavi vs. Mukasey, names Attorney General Michael Mukasey, the FBI and the USCIS as defendants. Filed on 12/4/2007.
AP: The American Civil Liberties Union is suing the federal government, claiming the FBI is taking too long doing background checks on immigrants applying for U.S. citizenship.
The suit, Bavi vs. Mukasey, names Attorney General Michael Mukasey, the FBI and the USCIS as defendants. Filed on 12/4/2007.
Lazycis,others:
Does anyone have a list of cases where USCIS quickly adjudicated WOM cases(after years of namecheck delay)..
The pattern Iam after is:
a)Court rules in favor of plaintiff and USCIS quickly complies with court order
b)Appellant files a brief in circuit court and before it comes for hearing.. USCIS adjudicates the case.
I am trying to substantiate my argument that USCIS is inconsistent in applying it's Feb2007 memo about criteria to expedite name checks.
Yong Tang(07-10231-NG) is a classic example..
Lazycis - your appeal is another example too.
Hiram - can I get your case # ?
I can understand their fears-- they dont want to encourage WOM filing.. but c'mon.. we guys are waiting for a long time here..
At the least. I want them to admit that losing a mandamus suit is valid reason to expedite the namecheck(even if the namecheck is pending response from a foriegn country ?)...
Does anyone have a list of cases where USCIS quickly adjudicated WOM cases(after years of namecheck delay)..
The pattern Iam after is:
a)Court rules in favor of plaintiff and USCIS quickly complies with court order
b)Appellant files a brief in circuit court and before it comes for hearing.. USCIS adjudicates the case.
I am trying to substantiate my argument that USCIS is inconsistent in applying it's Feb2007 memo about criteria to expedite name checks.
Yong Tang(07-10231-NG) is a classic example..
Lazycis - your appeal is another example too.
Hiram - can I get your case # ?
I can understand their fears-- they dont want to encourage WOM filing.. but c'mon.. we guys are waiting for a long time here..
At the least. I want them to admit that losing a mandamus suit is valid reason to expedite the namecheck(even if the namecheck is pending response from a foriegn country ?)...
starkid2007
Registered Users (C)
2nd FP without lawsuit - what does it mean?
Hey, need your insight, guys. I have received the 2nd FP notice 22 months after the 1st citizineship interview. Never filed any lawsuit, but wrote a couple of letters to the USCIS and did one InfoPASS (all in 2006). Can I interpret this 2nd FP as a positive sign of progress? Anyone has similar experience? From what I read on this board, it is fairly common to get 2nd FP notice shortly after a lawsuite is filed (be it WOM or 1447b), followed by oath letter. Is my 2nd FP unusual since I did not file any lawsuit? Thanks!
Hey, need your insight, guys. I have received the 2nd FP notice 22 months after the 1st citizineship interview. Never filed any lawsuit, but wrote a couple of letters to the USCIS and did one InfoPASS (all in 2006). Can I interpret this 2nd FP as a positive sign of progress? Anyone has similar experience? From what I read on this board, it is fairly common to get 2nd FP notice shortly after a lawsuite is filed (be it WOM or 1447b), followed by oath letter. Is my 2nd FP unusual since I did not file any lawsuit? Thanks!
frustrated_alot
Registered Users (C)
My case was approved after a second fingerprint. Like you, i had written quite a few leters and had contacted my congressman. Was preparing to file a lawsuite this month. Good Luck to you.
futureuscitizen
Registered Users (C)
privacy concern (complaint, exhibits) - could anyone clarify this
I wish I could move this question to this thread.... if so please do it
http://www.immigrationportal.com/showthread.php?t=269963
I wish I could move this question to this thread.... if so please do it
http://www.immigrationportal.com/showthread.php?t=269963
Keep your faith. I got it!
Hi,
I just got my GC in Nov. After thanksgiving.. It is a sweet Xmas gift for me.
Thanks for all the helps from WOMers. I think all the efforts pays out. I am not sure which one finally works (congressman, senator, firstlady or WOM).
Keep trying........
good luck for every one.
P.S. AUSA contact me immediately after I485 approved and we filed a joint motion to dismiss the case. They knew it... I do not want my case hanging there and I am not going to ask $$$ back after GC.
Time line:----
1st labor Cert Jan 2001
Change job July 2001 - abandoned
1st EB1 Aug 2001
2 REFs and 1 ITD--1st EB1 rejected Oct 2003
2nd Labor cert Jan 2003
Nothing happens ....
2nd EB1 Aug 2004
I-140 AD Jan 2005
I-485 FD Feb 2005
FP Sept 2005 (did it before the schedule)
I-485 REF Sept 2005 (Med and emp)
I-485 ITD Jan 2006 - could not find my finger print
Phone call to USCIS by my lawyer, fax the proves of FP - ITD dismissed
2nd FP Feb 2006
Long waiting...
Letter to Congressman and Senator Nov. 2006 - NC pending
Letter to FBI Nov. 2006 - No records.
InfoPass Dec 2006 - NC pending
Enough is Enough.......
WOM filed Feb 2007
MTD (from AUSA) April 2007
Letter to first lady and USCIS ombudsman April 2007
Reply MTD May 2007
Amend of MTD (from AUSA) July 2007
3rd FP Aug 2007
FBI letter NC is pending STILL !! Aug 2007
Cross Motion and Summon for Judgment Sept 2007
Reply for SoJ Oct 2007
I485 Approved Nov 2007 !!!!
Card arrived 3 days after I485 approval !!
Hi,
I just got my GC in Nov. After thanksgiving.. It is a sweet Xmas gift for me.
Thanks for all the helps from WOMers. I think all the efforts pays out. I am not sure which one finally works (congressman, senator, firstlady or WOM).
Keep trying........
good luck for every one.
P.S. AUSA contact me immediately after I485 approved and we filed a joint motion to dismiss the case. They knew it... I do not want my case hanging there and I am not going to ask $$$ back after GC.
Time line:----
1st labor Cert Jan 2001
Change job July 2001 - abandoned
1st EB1 Aug 2001
2 REFs and 1 ITD--1st EB1 rejected Oct 2003
2nd Labor cert Jan 2003
Nothing happens ....
2nd EB1 Aug 2004
I-140 AD Jan 2005
I-485 FD Feb 2005
FP Sept 2005 (did it before the schedule)
I-485 REF Sept 2005 (Med and emp)
I-485 ITD Jan 2006 - could not find my finger print
Phone call to USCIS by my lawyer, fax the proves of FP - ITD dismissed
2nd FP Feb 2006
Long waiting...
Letter to Congressman and Senator Nov. 2006 - NC pending
Letter to FBI Nov. 2006 - No records.
InfoPass Dec 2006 - NC pending
Enough is Enough.......
WOM filed Feb 2007
MTD (from AUSA) April 2007
Letter to first lady and USCIS ombudsman April 2007
Reply MTD May 2007
Amend of MTD (from AUSA) July 2007
3rd FP Aug 2007
FBI letter NC is pending STILL !! Aug 2007
Cross Motion and Summon for Judgment Sept 2007
Reply for SoJ Oct 2007
I485 Approved Nov 2007 !!!!
Card arrived 3 days after I485 approval !!
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It is a good example how local rules can differ from district to district. In my district you could not black out your address and you had to leave the year of the DOB unmasked.
I simply made a good quality copy of all the documents I wanted to submit as exhibit, masked the sensitive info with black marker, made another copy (verified that none of the blacked info is visible) and submitted these copies to the court.
This question surfaces time by time. Unfortunately, there is no successful case mentioned on this forum (at least not in this thread).
starkid2007
Registered Users (C)
2nd FP
Many thanks, Frustrated_alot, and congrats on your success! I will give it a couple of months. Btw, to share with the rest of the guys here: I called the USCIS national service center after my 2nd FP was done, trying to figure out whether my name check was complete or not. The customer service representative refused to transfer me to an IO, citing that the 2nd FP notice is considered an action from the USCIS, and I have to wait for 60 days before making any inquiry. She asked me to make an InfoPASS appointment. But from the USCIS website, I cannot decide which one of the four categories I should choose, before the 60-day period passes. What a great system! Hang in there, folks.
Many thanks, Frustrated_alot, and congrats on your success! I will give it a couple of months. Btw, to share with the rest of the guys here: I called the USCIS national service center after my 2nd FP was done, trying to figure out whether my name check was complete or not. The customer service representative refused to transfer me to an IO, citing that the 2nd FP notice is considered an action from the USCIS, and I have to wait for 60 days before making any inquiry. She asked me to make an InfoPASS appointment. But from the USCIS website, I cannot decide which one of the four categories I should choose, before the 60-day period passes. What a great system! Hang in there, folks.
always.wired
Registered Users (C)
Most of the posts for N-400 Name Check delays belong to people who have already had an interview. In such cases, there is aclear path for WOM after waiting 120days.
However, for the past year, USCIS has been holding off on the interviews untril the Name-Check is over. In this case there is no clear path for WOM. Do you guys know of any cases that have been won for N-400 WOM cases where there has been no interview? If you do, can you please provide me the case numbers in PACER?
However, for the past year, USCIS has been holding off on the interviews untril the Name-Check is over. In this case there is no clear path for WOM. Do you guys know of any cases that have been won for N-400 WOM cases where there has been no interview? If you do, can you please provide me the case numbers in PACER?
wired,
here is a case for you:
Plaintiff: MOHAMMAD AJMAL
Defendant: ROBERT MUELLER, III, MICHAEL CHERTOFF, EMILIO T. GONZALEZ, DONALD MONICA and GERARD HEINAUER
Case Number: 2:2007cv00206
Filed: January 17, 2007
The judge denied government motion to dismiss on 7/17/2007
here is a case for you:
Plaintiff: MOHAMMAD AJMAL
Defendant: ROBERT MUELLER, III, MICHAEL CHERTOFF, EMILIO T. GONZALEZ, DONALD MONICA and GERARD HEINAUER
Case Number: 2:2007cv00206
Filed: January 17, 2007
The judge denied government motion to dismiss on 7/17/2007
about the weird symbols
"in ¶ 23 in Complaint" -- that looks like a "q" with a dirty face?
"at *2 (N.D. Ill. May 18, 1998) "-- what is *2?
"Id. at *4. "-- what does "Id." mean?
" U.S. Dist. LEXIS"--that LEXIS make me wonder if it is a name for some kind of car?
Or is there some website that I could use to find out what these symbols are?
I read a really good opposition to MTD and it has a list of exhibits. IN the exhibits, it lists something like "Dong v. Chertoff, No. C07-0266 SBA, 2007WL 2601107 (N.D. Cal., September 6,2007)". If I want to use the same exhibit, do I include the court order only, or I need to include everything like complaint and MTD, OMTD... If I want to list Ombudsman's report, can I only list the pages that I cited in the Opposition to MTD?
I will probably use a template ( I got an Opposition to MTD from the same district, a very good one) and make some minor changes on it. It won't be considered as a plagiarism by court, right?
"in ¶ 23 in Complaint" -- that looks like a "q" with a dirty face?
"at *2 (N.D. Ill. May 18, 1998) "-- what is *2?
"Id. at *4. "-- what does "Id." mean?
" U.S. Dist. LEXIS"--that LEXIS make me wonder if it is a name for some kind of car?
Or is there some website that I could use to find out what these symbols are?
I read a really good opposition to MTD and it has a list of exhibits. IN the exhibits, it lists something like "Dong v. Chertoff, No. C07-0266 SBA, 2007WL 2601107 (N.D. Cal., September 6,2007)". If I want to use the same exhibit, do I include the court order only, or I need to include everything like complaint and MTD, OMTD... If I want to list Ombudsman's report, can I only list the pages that I cited in the Opposition to MTD?
I will probably use a template ( I got an Opposition to MTD from the same district, a very good one) and make some minor changes on it. It won't be considered as a plagiarism by court, right?