waitinfori130
Registered Users (C)
what is MSJ ??
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Hello everyone,
I have a feeling I have to file a "lawsuit" to get things going on Feb 1st. I like to get the papers and stuff ahead of time just to be sure.
Since I am a little slow and went through this thread I am still confused what I have to do.
I get the first part where I have to contact the Federal Court but after that I am so lost.
How do I prepare a lawsuit ?
Where do I get a civil cover sheet ?
It says call the court ... which court do I call. The Federal Court or the Court in my county ?
Where do I mail the papers to ?
There are so many more questions. Pretty much the entire explanation on the very first post after #1 confuses me.
If anyone can help me here I would really appreciate it. You can reply on here or you just send me a message private.
I have a feeling I have to file a "lawsuit" to get things going on Feb 1st. I like to get the papers and stuff ahead of time just to be sure.
Since I am a little slow and went through this thread I am still confused what I have to do.
I get the first part where I have to contact the Federal Court but after that I am so lost.
How do I prepare a lawsuit ?
Where do I get a civil cover sheet ?
It says call the court ... which court do I call. The Federal Court or the Court in my county ?
Where do I mail the papers to ?
There are so many more questions. Pretty much the entire explanation on the very first post after #1 confuses me.
If anyone can help me here I would really appreciate it. You can reply on here or you just send me a message private.
MSJ=Motion for Summary Judgement
Please see the description of the whole litigation process in a pretty understandable, easy language in the attached Pro Se Handbook.
Last edited by a moderator:
Besides the wiki site the lazycis mentions, the AILF practice advisories are also helpful (i think the wiki has link to them)
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
(this link and the advisories at the bottom of the page).
It will also help to get familiar with the civil local rules of your district court (the pro se handbook if they one will be a good start). You can check the courts website for information on these.
Good luck!
WOM by reputable attorney, how to utilize their research?
From email by one of the members at namechecktracker yahoo group. Murthy's law firm filed WOM for a group of people. It uses pre injunction to ask USCIS to reserve a visa number.
Would it be possible to find the arguments filed by a professional law firm that may help us in regular WOMs and may be in retrogression related arguments?
All that is known from this is that WOM was filed in DC court on 12/20.
"Finally, joined Sheela Murthy Firm's group WOM filing in 11/2007:
WOM case prepared in early December 2007.
01/2008 Visa bulletin said my case will be retrogressed as of 01/01/2008. Even if name check will be cleared thru WOM, they said my I485 can't be approved until my PD is current.
Murthy firm filed 2 cases one for WOM and one for Pre-junction which asks USCIS to hold a visa number for me beyond 01/01/2008 since I waited 5years already.
Both cases were filed in D.C. Federal court on 12/20 on an expedited basis.
Murthy firm received return receipts for these two cases from USCIS, FBI, DHS on 12/22.
Court ordered (on 12/26) attorneys from all parties to attend court appearance on 01/02/08.
I didn't have any hope that pre-junction would work even though I thought WOM would work due to a long delay (5+ years since 485 filed) in my case.
On 12/31/07, at 2pm attorney from Murthy office called me and gave me the GOOD news. He said court got a call from USCIS on 12/31 and told them that FBI cleared the name check and USCIS approved my case and my wife's case. It was really eleventh hour to get approval. If it wasn't on that day, it could have been at least a year since dates move to my PD.
485 approval notices received: 01/08/08 (which said that green cards will be sent in 30 days)
WOM fee thru group filings: 3,500
Pre-junction related fee: 1,000 (It's usually 3K, but they did it for 1K for me since I was the only one in their groupt that was going to be impacted by retrogression)
"
From email by one of the members at namechecktracker yahoo group. Murthy's law firm filed WOM for a group of people. It uses pre injunction to ask USCIS to reserve a visa number.
Would it be possible to find the arguments filed by a professional law firm that may help us in regular WOMs and may be in retrogression related arguments?
All that is known from this is that WOM was filed in DC court on 12/20.
"Finally, joined Sheela Murthy Firm's group WOM filing in 11/2007:
WOM case prepared in early December 2007.
01/2008 Visa bulletin said my case will be retrogressed as of 01/01/2008. Even if name check will be cleared thru WOM, they said my I485 can't be approved until my PD is current.
Murthy firm filed 2 cases one for WOM and one for Pre-junction which asks USCIS to hold a visa number for me beyond 01/01/2008 since I waited 5years already.
Both cases were filed in D.C. Federal court on 12/20 on an expedited basis.
Murthy firm received return receipts for these two cases from USCIS, FBI, DHS on 12/22.
Court ordered (on 12/26) attorneys from all parties to attend court appearance on 01/02/08.
I didn't have any hope that pre-junction would work even though I thought WOM would work due to a long delay (5+ years since 485 filed) in my case.
On 12/31/07, at 2pm attorney from Murthy office called me and gave me the GOOD news. He said court got a call from USCIS on 12/31 and told them that FBI cleared the name check and USCIS approved my case and my wife's case. It was really eleventh hour to get approval. If it wasn't on that day, it could have been at least a year since dates move to my PD.
485 approval notices received: 01/08/08 (which said that green cards will be sent in 30 days)
WOM fee thru group filings: 3,500
Pre-junction related fee: 1,000 (It's usually 3K, but they did it for 1K for me since I was the only one in their groupt that was going to be impacted by retrogression)
"
Has Anyone Been Experiencing Any Of This
I have been checking regularly my portfolio online and it dates are changing on most of the forms i have received in the past except the i-485
i am at my 3rd i-765 and the previous 2 that were given in 2006 and 2007 have updated dates of jan 2008, same with the i-131's.
my GC is family based, there is an update on my I-131 that was done on Jan 06 2008.
something is definetly going on, has anyone expericed this before ??
i am going to get an info pass and see what they tell me.
I have been checking regularly my portfolio online and it dates are changing on most of the forms i have received in the past except the i-485
i am at my 3rd i-765 and the previous 2 that were given in 2006 and 2007 have updated dates of jan 2008, same with the i-131's.
my GC is family based, there is an update on my I-131 that was done on Jan 06 2008.
something is definetly going on, has anyone expericed this before ??
i am going to get an info pass and see what they tell me.
sorry i meant i-130 updated jan 06, 2008
waitinfori130
Registered Users (C)
Thanks Paz, I'm hoping to submit my WOM soon, this will help me a lot hopefully with the finer touches.
Letter from USCIS to update information
Hi all,
I've applied for citizenship in Feb 2004 and my application went under name check. I've had 2 fingerprints and an interview since then. Recently, I received another letter for USCIS requesting another fingerprints last week. On the same day, I received a letter which had a check mark next to " Appointment to :UPDATE INFORMATION SINCE LAST INTERVIEW"
I had my interview in May 2006 (which I passed)..gave my fingerprints for the 3rd time last week, and now this. Anyone here who has had same letters/experience since name check is pending?? if so, please share.
I was working on my complaint to file the lawsuit, but I think I should wait a little. Any advice?
Thanks in advance!
Hi all,
I've applied for citizenship in Feb 2004 and my application went under name check. I've had 2 fingerprints and an interview since then. Recently, I received another letter for USCIS requesting another fingerprints last week. On the same day, I received a letter which had a check mark next to " Appointment to :UPDATE INFORMATION SINCE LAST INTERVIEW"
I had my interview in May 2006 (which I passed)..gave my fingerprints for the 3rd time last week, and now this. Anyone here who has had same letters/experience since name check is pending?? if so, please share.
I was working on my complaint to file the lawsuit, but I think I should wait a little. Any advice?
Thanks in advance!
always.wired
Registered Users (C)
I had written letters to First Lady, Vice President, Senators, etc, and on Dec 26th, I recieved a phone call from an "unknown number". Th celler said that my name check has been cleared on Dec 16th in response to my letter (which letter?). She did not give me too many more details except that I will hear back from USCIS.
I set up an infopass 2 weeks later and found that Background Check is still pending. Maybe somebody was just playing a practical joke. Did anybody have a similar experience?
I set up an infopass 2 weeks later and found that Background Check is still pending. Maybe somebody was just playing a practical joke. Did anybody have a similar experience?
waitinfori130
Registered Users (C)
Does anyone name the United States as a defendant in the WOM?
If so, do you just put
United States of America ?
How do you describe the U.S. as you describe the other defendants, such as the U.S. Attorney General is responsible for all legal situations for the U.S. goverment.?
If so, do you just put
United States of America ?
How do you describe the U.S. as you describe the other defendants, such as the U.S. Attorney General is responsible for all legal situations for the U.S. goverment.?
Keep in mind that you do not have to go to the second interview. Check this post
http://www.immigrationportal.com/showpost.php?p=1834089&postcount=14710
It's up to you to decide, you can write back and say that it's against regulations to request the second interview after 120 days has been passed since the first interview. I am not sure what's the best way to proceed. I'd file 1447b just in case.
Cross motion of MSJ that dismisses my WOM
Is cross motion of the MSJ a dispositive motion? My Judge had set the deadline for dispositive motion to be 1/9/2008 which had already passed. So if the answer is yes, does it mean that I cannot file a cross motion for the MSJ? Thanks!
Is cross motion of the MSJ a dispositive motion? My Judge had set the deadline for dispositive motion to be 1/9/2008 which had already passed. So if the answer is yes, does it mean that I cannot file a cross motion for the MSJ? Thanks!
Along with the MSJ, file a motion for extension of time to file MSJ and you should be good.
Extension of time to file MSJ
Thanks lazycis! So do you mean that I file the following at the same time?
1. Opposition to defendants' MSJ
2. Cross motion for defendants' MSJ
3. Motion for extension of time to file MSJ
What would be the reason for the extension, and are there any sample that you could point to me?
Thanks!
Thanks lazycis! So do you mean that I file the following at the same time?
1. Opposition to defendants' MSJ
2. Cross motion for defendants' MSJ
3. Motion for extension of time to file MSJ
What would be the reason for the extension, and are there any sample that you could point to me?
Thanks!
trevorlong
New Member
trevor new york
Very encouraging indeed !!
AM filing a WoM petitionin New York..
will eep all informed
USCIS is a Joke i guess..all pretences underer the guise of "laws" and "Security"
Am a GC holder since 1993, and guess am OK to stay/work her..But not approved for naturalization
anyone in the same situation can e mail me at trevorlongisland@gmail.com
Very encouraging indeed !!
AM filing a WoM petitionin New York..
will eep all informed
USCIS is a Joke i guess..all pretences underer the guise of "laws" and "Security"
Am a GC holder since 1993, and guess am OK to stay/work her..But not approved for naturalization
anyone in the same situation can e mail me at trevorlongisland@gmail.com
OH MY GOD….MY LAWSUIT HAS BEEN DISMISSED
Finally, FINALLY, PUBLICUS MARCUS AURELIUS IS A CITIZEN OF THESE UNITED STATES. HAHAHAHAHAHA…GUYS I CANNOT BELIEVE IT. I MADE IT. YES…YES…YES.
As a member of this forum I can say to you: Victory is sweet, and as a United States Citizen, I can declare: USCIS IS DEFEATED, THE WAR IS OVER.
Fortune Favors the Bold
From the days of Alexander the Great, till the days of PUBLICUS
When I found out about the 120-days rule, I knew it was my salvation. CIS conducted my interview in Feb 2005. I was ready to sue them in June 2005 but some personal issues caused me to move. As soon as I settled, I set sight on the lawsuit and I did it. Everyone I talked to advised me to get a lawyer. But I refused, I decided to follow my inner-voice which told me to stay away from the band of chicken and fight for my rights on my own. I read some lawsuits, educated myself, and decided I can do this. Therefore I filled by myself. I was by the way, the FIRST member of this forum to represent himself in court. I knew many were watching my case, trying to learn as much as possible, and see what would the outcome be. GUYS IT IS WORTH IT. MY LAWSUIT TOOK LESS THAN THREE MONTHS. How long do you think I would have waited if I did not sue?
THE BUSIEST FRIDAY IN MY LIFE
I have spoken with some members on Saturday, and I feel terribly sorry for not telling them about my Oath Ceremony on Monday. But please know that when you had two interviews cancelled, and had your file being lost twice, you tend not to believe in Miracles. Everything happened so fast. It started with a phone call from the Assistant US attorney informing me that the second name check of my new name has been completed and that USCIS will schedule me an oath ceremony as soon as possible. Minutes later the US attorney informs me that the lawsuit must be dismissed for USCIS to adjudicate the case. Without the dismissal, nothing can be done since the Jurisdiction belongs to the court. I wasn’t sure about just dismissing the case since my level of trust in CIS was weak, so I asked the US attorney to add a clause to the language of the dismissal stipulation to protect myself: “In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter.” I signed the stipulation, and my case and hard work were dismissed in a matter of minutes. (I felt a little bit sad about that) Later, I received a phone call form a CIS officer who informed me that they are going to fax me the Oath letter, scheduled for January 9, 2006. I am in disbelief. I give her the number, and 10 minutes later I received the fax. I am about to die of happiness. I wasn’t thinking straight. I was ecstatic, happy, wanted to cry, fly, I was feeling every happy human emotion in one moment. It is important to notice that the CIS officer told me before she hang up: “Drive safely!” I almost cried.
THE OATH CEREMONY
The Oath was on Monday @ 2PM. I took two days off. I decided to drive up there on Sunday afternoon. The Ceremony was 5 hours away from where I live. I spent the night in a Hotel, two blocks away from the convention center where the ceremony is being held. Needless to say that I spent the night doing my reconnaissance of the building. I knew where I had to be in the next day.
I couldn’t sleep that night. I swear I woke up every 30 minutes. I went to bed at 3 AM and woke up at 7AM. I had breakfast, and drove around the city for awhile. I also went to a Fine Cigar store, and bought me a Robusto Bolivar Churchill Cigar. I called it, my victory Cigar. I DEFEATED CIS AND ITS ARMADA. I am this forum’s Simon Bolivar.
THE FINAL CHALLENGE
At 2:10 pm, I was at the door. A CIS officer checked my oath letter and noticed the answer to question four: “Have you been arrested, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, including traffic violations?” She asked me if I brought documentation regarding this point. I told her: Yes. When I went to my line, an officer handling the line next to mine refused a person in front of me. At that moment, a solemn and grave spirit hanged around me. I knew at the time that the journey was not over yet. My smile disappeared, and I became extremely focused. While waiting in line, I studied everyone’s encounter with the officers. When I got to my officer, she asked me about number 4. Her first question was: When was your interview. I replied, Feb 2005. She said what happened here: I said I had two tickets, one was dismissed and one was paid. The next thing she did, caused me to really panic.
trevorlong
New Member
trevor new york
Very encouraging indeed !!
AM filing a WoM petitionin New York..
will eep all informed
USCIS is a Joke i guess..all pretences under the guise of "laws" and "Security"
Am a GC holder since 1993, and guess am OK to stay/work here..But not approved for naturalization
anyone in the same situation can e- mail me at trevorlongisland@gmail.com
Very encouraging indeed !!
AM filing a WoM petitionin New York..
will eep all informed
USCIS is a Joke i guess..all pretences under the guise of "laws" and "Security"
Am a GC holder since 1993, and guess am OK to stay/work here..But not approved for naturalization
anyone in the same situation can e- mail me at trevorlongisland@gmail.com
OH MY GOD….MY LAWSUIT HAS BEEN DISMISSED
Finally, FINALLY, PUBLICUS MARCUS AURELIUS IS A CITIZEN OF THESE UNITED STATES. HAHAHAHAHAHA…GUYS I CANNOT BELIEVE IT. I MADE IT. YES…YES…YES.
As a member of this forum I can say to you: Victory is sweet, and as a United States Citizen, I can declare: USCIS IS DEFEATED, THE WAR IS OVER.
Fortune Favors the Bold
From the days of Alexander the Great, till the days of PUBLICUS
When I found out about the 120-days rule, I knew it was my salvation. CIS conducted my interview in Feb 2005. I was ready to sue them in June 2005 but some personal issues caused me to move. As soon as I settled, I set sight on the lawsuit and I did it. Everyone I talked to advised me to get a lawyer. But I refused, I decided to follow my inner-voice which told me to stay away from the band of chicken and fight for my rights on my own. I read some lawsuits, educated myself, and decided I can do this. Therefore I filled by myself. I was by the way, the FIRST member of this forum to represent himself in court. I knew many were watching my case, trying to learn as much as possible, and see what would the outcome be. GUYS IT IS WORTH IT. MY LAWSUIT TOOK LESS THAN THREE MONTHS. How long do you think I would have waited if I did not sue?
THE BUSIEST FRIDAY IN MY LIFE
I have spoken with some members on Saturday, and I feel terribly sorry for not telling them about my Oath Ceremony on Monday. But please know that when you had two interviews cancelled, and had your file being lost twice, you tend not to believe in Miracles. Everything happened so fast. It started with a phone call from the Assistant US attorney informing me that the second name check of my new name has been completed and that USCIS will schedule me an oath ceremony as soon as possible. Minutes later the US attorney informs me that the lawsuit must be dismissed for USCIS to adjudicate the case. Without the dismissal, nothing can be done since the Jurisdiction belongs to the court. I wasn’t sure about just dismissing the case since my level of trust in CIS was weak, so I asked the US attorney to add a clause to the language of the dismissal stipulation to protect myself: “In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter.” I signed the stipulation, and my case and hard work were dismissed in a matter of minutes. (I felt a little bit sad about that) Later, I received a phone call form a CIS officer who informed me that they are going to fax me the Oath letter, scheduled for January 9, 2006. I am in disbelief. I give her the number, and 10 minutes later I received the fax. I am about to die of happiness. I wasn’t thinking straight. I was ecstatic, happy, wanted to cry, fly, I was feeling every happy human emotion in one moment. It is important to notice that the CIS officer told me before she hang up: “Drive safely!” I almost cried.
THE OATH CEREMONY
The Oath was on Monday @ 2PM. I took two days off. I decided to drive up there on Sunday afternoon. The Ceremony was 5 hours away from where I live. I spent the night in a Hotel, two blocks away from the convention center where the ceremony is being held. Needless to say that I spent the night doing my reconnaissance of the building. I knew where I had to be in the next day.
I couldn’t sleep that night. I swear I woke up every 30 minutes. I went to bed at 3 AM and woke up at 7AM. I had breakfast, and drove around the city for awhile. I also went to a Fine Cigar store, and bought me a Robusto Bolivar Churchill Cigar. I called it, my victory Cigar. I DEFEATED CIS AND ITS ARMADA. I am this forum’s Simon Bolivar.
THE FINAL CHALLENGE
At 2:10 pm, I was at the door. A CIS officer checked my oath letter and noticed the answer to question four: “Have you been arrested, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, including traffic violations?” She asked me if I brought documentation regarding this point. I told her: Yes. When I went to my line, an officer handling the line next to mine refused a person in front of me. At that moment, a solemn and grave spirit hanged around me. I knew at the time that the journey was not over yet. My smile disappeared, and I became extremely focused. While waiting in line, I studied everyone’s encounter with the officers. When I got to my officer, she asked me about number 4. Her first question was: When was your interview. I replied, Feb 2005. She said what happened here: I said I had two tickets, one was dismissed and one was paid. The next thing she did, caused me to really panic.
even with the court order, USCIS refuse to adjudicate my case
Last month, the Court granted my MSJ and ordered USCIS to adjudicate my case before Jan 15th, 2008. On Jan 10th, USCIS sent a declaration to the Court arguing why they can not adjudicate my case. Basically they argued that there are no visa numbers available. These are the arguments:
USCIS permits an individual to apply for adjustment of status only if the applicant’s priority date is current. However, an USCIS does not actually request a visa from DOS until the application for adjustment of status is ready for approval.
Because the Visa Bulletin is just an estimate of the number of visas that are likely to be available, there are times when date of projected availability of visa actually goes backward. This could be the result of a surge in applications at particular time or when USCIS adjudicates a usually high number of applications. Accordingly some applicants for adjustment who appeared to be eligible for a visa when they applied for adjustment don’t actually have a visa available when USCIS is ready to approve the application.
It is USCIS’s policy to hold these case in abeyance until a visa number does become available. If USCIS were forced to adjudicate such an application, it would have to deny.
USCIS closely monitors cases such as plaintiffs’, and adjudicates such cases as soon as the visa numbers become current.
Good news is that FBI has finished my name check on 12/28/07, however I will schedule an Infopass appointment to confirm that.
Should I send a response asking USCIS to request a visa number for me? Does anyone have an example case on how to argue about the visa number issues? USCIS claimed they will adjudicate my case as soon as the visa numbers become current. But without a clear deadline such as “adjudicate the case in 14 days after the visa numbers become current”, the USCIS' promise would not be accountable. How can I convince the judge to add such a sentence in the order?
Last month, the Court granted my MSJ and ordered USCIS to adjudicate my case before Jan 15th, 2008. On Jan 10th, USCIS sent a declaration to the Court arguing why they can not adjudicate my case. Basically they argued that there are no visa numbers available. These are the arguments:
USCIS permits an individual to apply for adjustment of status only if the applicant’s priority date is current. However, an USCIS does not actually request a visa from DOS until the application for adjustment of status is ready for approval.
Because the Visa Bulletin is just an estimate of the number of visas that are likely to be available, there are times when date of projected availability of visa actually goes backward. This could be the result of a surge in applications at particular time or when USCIS adjudicates a usually high number of applications. Accordingly some applicants for adjustment who appeared to be eligible for a visa when they applied for adjustment don’t actually have a visa available when USCIS is ready to approve the application.
It is USCIS’s policy to hold these case in abeyance until a visa number does become available. If USCIS were forced to adjudicate such an application, it would have to deny.
USCIS closely monitors cases such as plaintiffs’, and adjudicates such cases as soon as the visa numbers become current.
Good news is that FBI has finished my name check on 12/28/07, however I will schedule an Infopass appointment to confirm that.
Should I send a response asking USCIS to request a visa number for me? Does anyone have an example case on how to argue about the visa number issues? USCIS claimed they will adjudicate my case as soon as the visa numbers become current. But without a clear deadline such as “adjudicate the case in 14 days after the visa numbers become current”, the USCIS' promise would not be accountable. How can I convince the judge to add such a sentence in the order?