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

Thanks Lazycis, this made my heart race I must say. I need to see similar cases.. these seem to be I-130, but I think I need more plain and simple ones. How did you find these so quickly?

I talked to a clerk at the courthouse on the phone last week and they gave me the impression that if I came there, Imight be able to find more case like mine and they would "point" me in the right direction. I know I need to good research before I can submit a case... being stuck in name checks for almost year is crazy and the USCIS dragged thier feet for 7 months before then.
 
waitinfori130 said:
Thanks Lazycis, this made my heart race I must say. I need to see similar cases.. these seem to be I-130, but I think I need more plain and simple ones. How did you find these so quickly?

I talked to a clerk at the courthouse on the phone last week and they gave me the impression that if I came there, Imight be able to find more case like mine and they would "point" me in the right direction. I know I need to good research before I can submit a case... being stuck in name checks for almost year is crazy and the USCIS dragged thier feet for 7 months before then.
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Razaq is a pure I-130 case, if I am not mistaken. Register for pacer and you'll be able to download all documents you need from that case.
Here is the link to it:
https://ecf.cand.uscourts.gov/cgi-bin/iqquerymenu.pl?184485

Overall, I-130 case is almost identical to I-485.

You've come to the right place. I've already looked for I-130 cases before for another member :)
Here is another I-130 related case:
http://boards.immigration.com/attachment.php?attachmentid=16577&d=1182811257
 
lazycis said:
Razaq is a pure I-130 case, if I am not mistaken. Register for pacer and you'll be able to download all documents you need from that case.
Here is the link to it:
https://ecf.cand.uscourts.gov/cgi-bin/iqquerymenu.pl?184485

Overall, I-130 case is almost identical to I-485.

You've come to the right place. I've already looked for I-130 cases before for another member :)
Here is another I-130 related case:
http://boards.immigration.com/attachment.php?attachmentid=16577&d=1182811257
Click to expand...

Anymore I-130 will only help me more. I appreciate your help. You are right about that case being a pure I-130, it is just a complicated one.... but I guess they are all complicated.

You said the I-130 is almost identicl to the I-485.. I agree, but I guess the biggest difference is the beneficiery is usually in the US in the case of the I-485. I'm mostly looking for language for the I-130 that will serve me as I prepare a case.

What is AUSA ?
 
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actually, I'm the petitioner. my wife in China would be the beneficiary. So I really want to get this right the first time as best as I could.
 
AGC4Me,
Thanks very much for your time for putting up together the answer.

My NC is still pending while my wife's name was cleared more than two years ago. The MSJ from the AUSA comes together with a declaration from Gerard, the Director of Nebraska Service center, which basically tells that no visa number is available now. He did acknowledge that the visa number is available on September this year, the time I filed my case. I can upload it if someone is interested in having a look.

I like the idea of throwing the ball to the court. Putting the arguments together about the retrogression would be a bit difficult for me as there are not much examples to follow although a noticeable amount of recent posts are discussing about the issue. I would highly appreciate it if any one could provide some examples on replying to MSJ or MTDs.

Thanks, and happy new year.


AGC4ME said:
1) I'm not sure about CA rules. Typically the court should have scheduled the dates when reply to MSJ should be filed.
2) Yes it is too late to amend your complaint. But in your reply to MSJ you can argue the following, strict interpretation of statutes say that visa number be available when the application is filed. The defendants are putting forth an argument now that a visa number is not available, even thought it was available during the time the application was filed and during the time when the instant action was initiated. in the event court finds that a visa number be available for adjudication the Plaintiff pleads with the court to allow amending of the complaint to include Department of State so the court could issue appropriate instructions. Now the ball is with the court.
3) See above
4) You never know. AUSA always has to maintain that the system is working the way it is set up. There's nothing wrong with it.

Is your NC clear ?
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Congrats and request for sample complaint

Hi, congratulations on your approvals. I'm in Boston and plan to go for WOM at about 18 months mark although my case has been pending for about 1 year and three months.

Can you please send me or post sample of your complaint after removing your personal info of course?

I'm in touch with Ted Kennedy but they could request an expedite only after 2 years of wait. How's your experience with them?

Also you can get in touch with me at jefkorn@yahoo.com to exchange info.

Any practical tips that you can give for 1st circuit filers will be appreciated.



mass_wom said:
Dear forum members!

I've recently filed a WOM complaint in the district of Massachusetts, and got my green card approved three weeks after. Here is my stats:

PD: 4/2002
ND (485, EB2): 1/2004
WOM filed: 11/2007
I-485 approved: 12/2007
Steps: senator/congressman/ombudsman/FOIPA/L.Bush/Infopass(2)/WOM
Origin: former USSR

The app sat at Vermont SC for almost 4 years, never left the office. Unlike many others, I never had any indication that my name check has been completed. 3 weeks after filing the suit, I got approval emails, and shortly after a letter from AUSA with copies of actual 485 applications for me and spouse with approval stamps. In 5 days since then I got my cards.

Although I only read a few pages of this forum (with the links), I would like to express my sincere gratification to all forum members, especially lazycis and Publicus. Thank you guys very much for the invaluable resource that you put together. My lawsuit was based on those of three other people I know, and they definitely used this forum very actively.

That said, I encourage everybody who's stuck in the name check, especially in the 1st circuit to go ahead and spend your $340+mailing fees. This WILL work.

Finally, I just wanted to ask you guys a couple of questions which I'm sure you know the answers for:

1) Did anybody ever have any luck getting their WOM filing fees reimbursed by any of the defendants?
2) Did anybody ever have any luck backdating their naturalization 5-year waiting times back to the 485 filing date or at least by as much as their overdue times?

Good luck to everybody, thanks in advance for your answers.
Click to expand...
 
Slow_CIS said:
imcis,
Usually the local rule requires you to file motion to reconsider within 10days after the opinion is issued. If i remember correctly, they do not count the weekends. Knowing that the judge issued his opinion on 11/30 you have already missed that deadline. However, since your judge was far off the mark in his judgment as he ignored the 4th Circuit opinion in Etape case, he may grant your motion to reconsider. If he did not reconsider/reopen, you can file for appeal within 60 days from the judgment. You should also tell the AUSA about your intent about filing for reconsider or appeal in the light of Etape case, and they would probably finish adjudicating your case.
Click to expand...

Thank you very much, I did not know all this. I am somewhat ignorant about the law. I will try and file an apeal and also contact the AUSA.
 
yiliuer

yiliuer said:
AGC4Me,
Thanks very much for your time for putting up together the answer.

My NC is still pending while my wife's name was cleared more than two years ago. The MSJ from the AUSA comes together with a declaration from Gerard, the Director of Nebraska Service center, which basically tells that no visa number is available now. He did acknowledge that the visa number is available on September this year, the time I filed my case. I can upload it if someone is interested in having a look.

I like the idea of throwing the ball to the court. Putting the arguments together about the retrogression would be a bit difficult for me as there are not much examples to follow although a noticeable amount of recent posts are discussing about the issue. I would highly appreciate it if any one could provide some examples on replying to MSJ or MTDs.

Thanks, and happy new year.
Click to expand...

Could you upload the declaration from Gerard and the part of the MSJ where AUSA argues about the visa number availability?
I think it is only a matter of time that we work out some strategy to deal with these bastards.
 
jefkorn said:
Hi, congratulations on your approvals.
Click to expand...

Thanks!

jefkorn said:
Can you please send me or post sample of your complaint after removing your personal info of course?
Click to expand...

Will do.

jefkorn said:
I'm in touch with Ted Kennedy but they could request an expedite only after 2 years of wait. How's your experience with them?
Click to expand...

I wrote to him at least two times and never had any response whatsoever. Well, I had mail receipts to demontrate that I have "exhausted" this venue.

Congressman John Olver did provide some help.

jefkorn said:
Any practical tips that you can give for 1st circuit filers will be appreciated.
Click to expand...

Not really. My WOM experience was too quick to produce any useful tips. Just put the complaint together, filed it, filled out the summonses, mailed them, then submitted the certificate of service with the court.

One tip - pro se info package that they give you in the court is available online, you can save yourself one visit to the court.
 
mass_wom, no MTD to your complaint?

Thanks for your prompt response. So you didn't even get a MTD to your complaint? I wonder if that's because the delay in your application was too long. But I think there was another member who also filed in MA and had delay comparable to yours but had to go through the MTD etc.
 
I have 2 questions.

1st is simple... me waiting since August 2006 without a NOA2 is not too short of a time before WOM???, I have been writing and contacting them since April 2007 when thier website finally said they were processing my "submit date", even though I knew others who were processed months before that dat and the were submitted after mine.

my 2nd question is more of a law question. My case is in CSC(ca.) and I live in Georgia, would this cause me a venue problem. The only person in my state is U.S attorney and probably the district USCIS director in Georgia. (I'm thinking that I should add him s a defendant along with the U.S attorney)

III. VENUE
4. Pursuant to 28 U.S.C. § 1391(e) venue is proper in this judicial district, because Defendants operate within this district, the substantial part of events giving rise to this action occurred within the district and plaintiff resides in this district.
 
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waitinfori130 said:
I have 2 questions.

1st is simple... me waiting since August 2006 without a NOA2 is not too short of a time before WOM???, I have been writing and contacting them since April 2007 when thier website finally said they were processing my "submit date", even though I knew others who were processed months before that dat and the were submitted after mine.

my 2nd question is more of a law question. My case is in CSC(ca.) and I live in Georgia, would this cause me a venue problem. The only person in my state is U.S attorney and probably the district USCIS director in Georgia. (I'm thinking that I should add him s a defendant along with the U.S attorney)

III. VENUE
4. Pursuant to 28 U.S.C. § 1391(e) venue is proper in this judicial district, because Defendants operate within this district, the substantial part of events giving rise to this action occurred within the district and plaintiff resides in this district.
Click to expand...

The US Attorney from the federal district where you file your complaint is not part of the defendants list. S/he is the representative of the defendants in cases where you sue the US government, its agencies or officers only in their official capacity. (Think about him/her as the counsel of a civil party who you would sue.)
 
any time table on Feng_Li in 3rd circuit

Lazycis,others:
Any idea on when something will(probably) happen in Feng_Li v Gonzalez in 3rd circuit.
Court of Appeals Docket #: 07-2990...
I want the 3rd circuit to come down strongly on Judge Chesler. This case bears a strong weight on Qui_v_Chertoff. Chesler got up one day and realized that 103.2(b)(18) grants discretion and all other successful WOM cases to date ignored it..(Sort of Voila.. I discovered it)..
There is no mention by the defendants(neither in Feng_Li or Qui) whether
defendants complied with the detailed procedural requirements set forth in the regulation. I strongly hope that this case is decided in court and will set to rest this debate about power to withhold adjudication indefinitely..
quest: Can appelles request discovery in appeals court ?
Can they add plaintiff to complaint ?

Seems like Elmalky_v_Upchurch has the best argument against 103.2(b)(18)
 
jefkorn said:
Thanks for your prompt response. So you didn't even get a MTD to your complaint? I wonder if that's because the delay in your application was too long. But I think there was another member who also filed in MA and had delay comparable to yours but had to go through the MTD etc.
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No, there was no MTD.

The forms were approved, faxed from Vemont to AUSA, and then mailed from AUSA to me along with the letter asking me to dismiss the case all in one day. As I mentioned, it was three weeks after filing the suit.

There was no other actions.
 
wom_ri said:
Lazycis,others:
Any idea on when something will(probably) happen in Feng_Li v Gonzalez in 3rd circuit.
Court of Appeals Docket #: 07-2990...
I want the 3rd circuit to come down strongly on Judge Chesler. This case bears a strong weight on Qui_v_Chertoff. Chesler got up one day and realized that 103.2(b)(18) grants discretion and all other successful WOM cases to date ignored it..(Sort of Voila.. I discovered it)..
There is no mention by the defendants(neither in Feng_Li or Qui) whether
defendants complied with the detailed procedural requirements set forth in the regulation. I strongly hope that this case is decided in court and will set to rest this debate about power to withhold adjudication indefinitely..
quest: Can appelles request discovery in appeals court ?
Can they add plaintiff to complaint ?

Seems like Elmalky_v_Upchurch has the best argument against 103.2(b)(18)
Click to expand...

Li decision is couple months away by my estimate. Grinberg appeal (11th Cir)is close to resolution, however. 103.2(b)(18) is usefull only if the USCIS did follow the procedure. Even then 103.2(b)(18) actions are reviewable in some circuits (1 st. included) because it's not considered as part of Subchapter II Chapter 12.
Cannot do discovery in the court of appeals. That's why the district court is called "trial court". Cannot amend a complaint either.
 
waitinfori130 said:
I have 2 questions.

1st is simple... me waiting since August 2006 without a NOA2 is not too short of a time before WOM???, I have been writing and contacting them since April 2007 when thier website finally said they were processing my "submit date", even though I knew others who were processed months before that dat and the were submitted after mine.

my 2nd question is more of a law question. My case is in CSC(ca.) and I live in Georgia, would this cause me a venue problem. The only person in my state is U.S attorney and probably the district USCIS director in Georgia. (I'm thinking that I should add him s a defendant along with the U.S attorney)

III. VENUE
4. Pursuant to 28 U.S.C. § 1391(e) venue is proper in this judicial district, because Defendants operate within this district, the substantial part of events giving rise to this action occurred within the district and plaintiff resides in this district.
Click to expand...

1. File a WOM notwithstanding how long you are waiting. The main purpose is to force the USCIS to look at your case.
2. Venue is not an issue as you are a resident of Georgia, hence can file a complaint in the district where you reside (Northern or Southern Georgia).
You can just say that "Pursuant to 28 U.S.C. § 1391(e) venue is proper in this judicial district because plaintiff resides in this district"
 
How to get case assigned to officer after NC is cleared

lazyuscis and other incredible members of this board-

My name check was cleared recently after pending for nearly 4 years. I first came to know about this in the first week of December. (I just found out the date it was cleared also (10/16/07) after speaking to a TSC rep a little while ago.)

Since the first week of December-

1) I have an SR opened on 12/6/07 to which I have not received a reply yet.

2) I was also told by a TSC rep on 3 weeks ago (12/6/07) that she would send an email request to move the case from exam area to an officer. But nothing has happened.

3) My congressman received a fax last week(12/16/07) that said my case would be assigned to an officer shortly (I have a copy of this fax as well).

But the TSC lady just told me that my case is still pending and it has not been assigned to an officer. Of course she has no clue on when it might get assigned to an officer.

Now, I ask the incredible members of this board on what other tricks I can use to get my case assigned to an officer quickly. A fax to TSC director, first lady or any other creative avenues that you think has a better chance?

I also sent two emails to my lawyer asking him to initiate an inquiry from his end.

Oh BTW, everything else on my case is current, as you can imagine.


Thanks in advance.
 
lazycis said:
1. File a WOM notwithstanding how long you are waiting. The main purpose is to force the USCIS to look at your case.
2. Venue is not an issue as you are a resident of Georgia, hence can file a complaint in the district where you reside (Northern or Southern Georgia).
You can just say that "Pursuant to 28 U.S.C. § 1391(e) venue is proper in this judicial district because plaintiff resides in this district"
Click to expand...

Would this include the same for Jurisdiction. Does the Judge have jurisdiction over the case because this is my home state?
 
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