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

Hi guys;
I have several questions regarding filling WOM for Name check delays, would appreaciate your inputs.

My case details are as follows
I -485 filled Nov 3, 2006 at NSC and pending (14 months)
Name check initiated Nov 9, 2006 per letter from FBI in response to senator's inquiry
Priority date: June 2002/ EB2/ India

My questions are:
1) Can I file WOM right now or it is better to wait for 2 year completion. Its only been 14 months since i filed for adjustment of status
2) Since the current priority date for EB2/India is retrogressed, does it still make sense to file or should the visa availibility be current for the WOM to make sense. Are there any precedence regarding this scenario.
3) How do i find if I am in a favorable district? I am currently in Central district California.
4) Any recommendations regarding lawyer?

thanks.
 
Palang

lazycis said:
Then you do not need to include yourself as a plaintiff.
Click to expand...

I guess this statement that I have written in the parties section is not accurate then????

5. Plaintiff, XXXXXX XXXXXX, resides at ADDRESS, CA XXXXX, is the
21 primary applicant of an I-485, Application to Register Permanent Resident or
22 Adjust Status (AOS) along with her husband XXXXXXX XXXXXXX as the
23 beneficiary applicant, filed with the U.S. Citizenship and Immigration Services
24 (USCIS).


The reason I wanted to include myself even as a co beneficiary, is to be able to do original filling, and handle any subsequent conversations with AUSA and the court. Her language skills are not to level to be able to converse and discuss legal issues with officials.

what do you think?

Thanks so much.
palang
 
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PALANG said:
I guess this statement that I have written in the parties section is not accurate then????

5. Plaintiff, XXXXXX XXXXXX, resides at ADDRESS, CA XXXXX, is the
21 primary applicant of an I-485, Application to Register Permanent Resident or
22 Adjust Status (AOS) along with her husband XXXXXXX XXXXXXX as the
23 beneficiary applicant, filed with the U.S. Citizenship and Immigration Services
24 (USCIS).


The reason I wanted to include myself even as a co beneficiary, is to be able to do original filling, and handle any subsequent conversations with AUSA and the court. Her language skills are not to level to be able to converse and discuss legal issues with officials.

what do you think?

Thanks so much.
palang
Click to expand...

Yes, you cannot say that. I was under the impression your are a dependant I-485 applicant.
You may include yourself as plaintiff, but do it differently. I am not sure how the process worked for you, but you probably filed I-130 petition and your wife was the beneficiary. That's how you have to put it in. "Plaintiff PALANG filed I-130 pettion on behalf of Plaintiff WIFE. Subsequently Plaintiff WIFE filed I-485, application to adjust status to that of the permanent resident."
Add a paragraph or two about your injury (emotional distress is a good one).
 
Hi everyone,
This is my update, the AUSA just file a motion to extension of time after I file amended on Dec.20th. The judge granted an extension time to AUSA.~~~> Lazycis, should I just wait for the answer from them or should I file motion to support extension time???
The new due date for defendants to answer is Feb. 24th.

Thank for any inputs!
 
Help!!!

Lazycis and others,
I filed 1407(b) less then a month ago. I ve been waiting for almost 3 years for my name check to clear.
I received a phone call from an IO this morning asking me to go for another set of fingerprints this morning, she faxed me an appointment letter and was scheduled for the same day. Does that mean that my name check have cleared? and what should I expect after that?

Thanks again
 
N400BS said:
Lazycis and others,
I filed 1407(b) less then a month ago. I ve been waiting for almost 3 years for my name check to clear.
I received a phone call from an IO this morning asking me to go for another set of fingerprints this morning, she faxed me an appointment letter and was scheduled for the same day. Does that mean that my name check have cleared? and what should I expect after that?

Thanks again
Click to expand...

I am not sure if I can help you. Doubt they will accept my fingerprints instead of yours :) More likely, your NC is cleared and you'll get an oath letter within a week after the FP.
 
suethem said:
Hi everyone,
This is my update, the AUSA just file a motion to extension of time after I file amended on Dec.20th. The judge granted an extension time to AUSA.~~~> Lazycis, should I just wait for the answer from them or should I file motion to support extension time???
The new due date for defendants to answer is Feb. 24th.

Thank for any inputs!
Click to expand...

If the judge granted the extension, you just have to wait.
 
Palang Wom

lazycis said:
Yes, you cannot say that. I was under the impression your are a dependant I-485 applicant.
You may include yourself as plaintiff, but do it differently. I am not sure how the process worked for you, but you probably filed I-130 petition and your wife was the beneficiary. That's how you have to put it in. "Plaintiff PALANG filed I-130 pettion on behalf of Plaintiff WIFE. Subsequently Plaintiff WIFE filed I-485, application to adjust status to that of the permanent resident."
Add a paragraph or two about your injury (emotional distress is a good one).
Click to expand...

Hi Lazycis,
I have updated to petition per your instructions. What I did is added myself as a plantiff and changed relevant areas and added your input.
Thanks so much for your guidance and please let me know if you have any comments. WIll this enable me to file and conduct all the communications with the court and speak on my wife's behalf as well??

thanks
Palang
 
zouy said:
Hi ThreeYears,

First you can check if you are in a favorable district for your case. If it is, you have waited long enough to file the lawsuit. The chances of success is extremely high.
Click to expand...

How can I tell if Minnesota is a favorable state or not?
 
Filing a WOM

Lazycis , one more q:

I will be the plaintiff, should my wife also be a plaintiff with me? my wife is a US citizen.

Thanks!
 
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PALANG said:
Hi Lazycis,
I have updated to petition per your instructions. What I did is added myself as a plantiff and changed relevant areas and added your input.
Thanks so much for your guidance and please let me know if you have any comments. WIll this enable me to file and conduct all the communications with the court and speak on my wife's behalf as well??

thanks
Palang
Click to expand...

It looks better. Check also the template I posted awhile back
http://www.immigrationportal.com/showpost.php?p=1795238&postcount=13632

to see if you can strengthen the complaint a little bit (especially causes of action). Your District is not the easiest one, you should prepare well.

You will be able to handle most of the communications. I am sure you wife will be more comfortable speaking if you are nearby as well.
 
Thanks very much for the Basova Order and your answer to other questions. I found it very helpful in preparing an Opp to MSJ. I appreciate your thoughts in checking my documents.

lazycis said:
Although a number of courts have dismissed actions for adjustment of status by plaintiffs who filed their claims after the statutory deadline, those rulings specifically reserve judgment – and imply a contrary holding – for cases instituted prior to that deadline. See Coraggioso, 355 F.3d at 734 & n.8 (3d Cir. 2004) ("Had Coraggioso sought relief prior to the expiration of the 1998 fiscal year, our analysis may have been different.").

The Basova plaintiffs brought a timely action challenging the actions of the various agencies charged with carrying out the terms of the DV statute. Whatever "fatal mistake" a DV plaintiff makes by failing to "arrang[e] immediately for a lawsuit to be brought on her behalf . . . prior to September 30," Ahmed, 328 F.3d at 385, the Basova plaintiffs avoided such a mistake by taking affirmative steps before the deadline approached. Their proactive decision should redound to their benefit. Moreover, defendants have "a non-discretionary duty to issue a decision on the plaintiffs' applications within a reasonable time." Paunescu, 76 F.Supp.2d at 901 (citing cases). Defendants' arguments are insufficient to support their motion to dismiss the Basova plaintiffs' claim, and, therefore, the motion is denied with respect to those plaintiffs.

Basova case give all retrogressed folks a lot of hope. The court actually did not issue an order before the fiscal year expired.

Przhebelskaya v. U.S. Bureau of Citizenship and Immigration
Services, 338 F.Supp.2d 399 (E.D.N.Y. 2004)

You do need to serve opposition to AUSA. Include a certificate of service when you file it with the court. It's the date when you file it with the court (stamped date).
Click to expand...
 
Mi bro applied for asylum in early december 2007 and till now there is no decision on his case. after the interview, the officer told him his decision would be mailed and gave mail out notice and it didn't have dates he would receive his decision. it is very fraustating.
he should be given YES/NO decision within 2 weeks but he is in limbo.

It's so damn fraustating. we are not not damanding approvel, we want YES/NO answer, period!

this country really is not what it stands for! it doesn't care about the refugees and immigrants. the USCIS and FBI should be sued everyday till they end all backlogs of any applications, backround, name and security checks.
 
Palang WOM

lazycis said:
It looks better. Check also the template I posted awhile back
http://www.immigrationportal.com/showpost.php?p=1795238&postcount=13632

to see if you can strengthen the complaint a little bit (especially causes of action). Your District is not the easiest one, you should prepare well.

You will be able to handle most of the communications. I am sure you wife will be more comfortable speaking if you are nearby as well.
Click to expand...

HI Lazycis,
I have looked over the sample you directed me to. Most of the contents are very similar. However in the sample there is section under Grounds for Relief explaining each count. Should I use that as well. Any specific recommendation you have on cause of action.
thanks
Palang
 
PALANG said:
HI Lazycis,
I have looked over the sample you directed me to. Most of the contents are very similar. However in the sample there is section under Grounds for Relief explaining each count. Should I use that as well. Any specific recommendation you have on cause of action.
thanks
Palang
Click to expand...

That was my point. You should use all those causes of action. They will be the same for your wife's case.
 
Palang WOM

lazycis said:
That was my point. You should use all those causes of action. They will be the same for your wife's case.
Click to expand...

HI Lazycis,
per your instructions, I added the remaining sections. Here is the final version. I am hoping this is the one... If its good,, i will probably go to the court to file tommorow.

Thanks again for all your continued support and let me know if you have additional comments.

regards,
Palang
P.s.
Do I send a copy of All Defendants Summons to USA or just the Attorney General Summons.
tx
 
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Hi guys, Great news. I finally receive notice from US Attorney informing that my FBI name check has been cleared. (See sig for detail) She attached notice from USCIS for another fingerprint on 1/22/08. (Notice dated 1/7/08) The Judge on my case has not made any decision yet on MTD. Hopefully, she'll keep the case open until I receive my GC. A great update on my case however I keep my finger crossed until I received my GC on my hand.
Thank's a lot for this thread, I don't think I'll be able to file WOM without this thread and help from you guys.
Another question, will I have to go all this hassle when it's my time to apply for citizenship?
 
PALANG said:
HI Lazycis,
per your instructions, I added the remaining sections. Here is the final version. I am hoping this is the one... If its good,, i will probably go to the court to file tommorow.

Thanks again for all your continued support and let me know if you have additional comments.

regards,
Palang
P.s.
Do I send a copy of All Defendants Summons to USA or just the Attorney General Summons.
tx
Click to expand...

Couple points - instead of 8 C.F.R. §245.2(a)(5)(i) say 8 C.F.R. §245.2
(your case is marriage-based). Also, check all counts and make sure you are consistent regarding using his/her/them/Plaintiff/Plaintiffs as you have two Plaintiffs of different genders. For example, in 48 you say
"As a result, Plantiffs have suffered and continues to suffer irreparable harm and damages entitling him to declaratory, injunctive and other relief." (should be "continue" and "them", right?).

Photocopies of all summons go to local US Attorney
 
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RYCeT said:
Hi guys, Great news. I finally receive notice from US Attorney informing that my FBI name check has been cleared. (See sig for detail) She attached notice from USCIS for another fingerprint on 1/22/08. (Notice dated 1/7/08) The Judge on my case has not made any decision yet on MTD. Hopefully, she'll keep the case open until I receive my GC. A great update on my case however I keep my finger crossed until I received my GC on my hand.
Thank's a lot for this thread, I don't think I'll be able to file WOM without this thread and help from you guys.
Another question, will I have to go all this hassle when it's my time to apply for citizenship?
Click to expand...

This is great! The prize is near, you should get your GC soon. The USCIS can work really fast. As for the second question, who knows? At least you have gained a valuable experience and will breeze thru the lawsuit process the second time around.
 
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