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

can we post pacer docs ?

Can we post docs from pacer here ?
Iam looking at MSJ by AUSA posted in Elissaint v USCIS in ED-PA.
Womers will benefiting by preparing for the arguments put forth by AUSA here.
Notably it says:
i) if court grants plaintiff MSJ and order completion in 30 days.. and if FBI cannot complete processing(say 200 hits) by that time, USCIS will be compelled to deny petition and that is not judicially reviewable 1252(a)(2)(B)(i).. that is not a position amenable to plaintiff.
 
hi, how can i find names of local uscis directors and the addresses?

I searched on uscis website but i only see high level org chart!

Anyone knows NYC /Cali svc center directors names? or a link where i can get it?

TIA!!!
 
wom_ri said:
Can we post docs from pacer here ?
Iam looking at MSJ by AUSA posted in Elissaint v USCIS in ED-PA.
Womers will benefiting by preparing for the arguments put forth by AUSA here.
Notably it says:
i) if court grants plaintiff MSJ and order completion in 30 days.. and if FBI cannot complete processing(say 200 hits) by that time, USCIS will be compelled to deny petition and that is not judicially reviewable 1252(a)(2)(B)(i).. that is not a position amenable to plaintiff.
Click to expand...

Yes, it's a public record.
 
lazycis said:
Sorry, too many peoplae are on my list :) OK, anyway, I'd do just that. File a motion for leave to file a supplemental memorandum and just include Walji ruling and Etape ruling from the 4th circuit
http://pacer.ca4.uscourts.gov/opinion.pdf/061916.P.pdf

If you are comfortable with preparing MSJ, file MSJ.
Click to expand...


I am not that comfortable preparing the documents anymore. I had a courage to do that when I filed the complaint. But these AUSA'S pick on every words in any documents. So it could trigger any invalidity.. Is there any example anywhere so that I could predy much copy and change a bit and file.

any sample for motion to leave?

Thank you so much for all the help
future
 
related to mocanu(I-485 case of elissaint)

good material to read for anyone expecting a MSJ/MTD from AUSA
or wanting to file one.
 
futureuscitizen said:
I am not that comfortable preparing the documents anymore. I had a courage to do that when I filed the complaint. But these AUSA'S pick on every words in any documents. So it could trigger any invalidity.. Is there any example anywhere so that I could predy much copy and change a bit and file.

any sample for motion to leave?

Thank you so much for all the help
future
Click to expand...

future,
here is the sample MSJ. In your arguments section include two cases I referenced before and attach them as exhibits.
 
Ready to file WOM due to name check delaying 485

Hi,All

I have been reading those threads since Jan. All the post and information gave me encourage to fight for my right.

I sent my Greencard application on Oct 30th, 2006 base on marriage with US Citizen. I have interview on June 18th, 2007. Duing the interview, the office told me that he can't approval 485 since my name check is pending. He is very nice and walk me out to entrance but he can't do nothing about it. I knew I was stuck in the long black journey like people here. I heard of those case but it finally come to me.

I start to write letter to congressman, senator, Laura Bush, infopass. All effort equal to zero. The senator Kennedy office returned my call and suggest me to file WOM since I have been interviewed after 180. It has been hunt me since then... I am sleepless all the time.

I could not afford a attorney so I have to do by myself. I don't want just wait and wait years ...

1. I live in Boston. Does anybody have case example for filing WOM recently? I mean how to address those legal document? If you could gave a link or your attorney's document so I could file sounds professionally?

2. Does MA in favor of aliens?

3. My understanding is file suit at Federal Court?

Thanks in advance
 
suethem said:
waitingfori130
your district is Northern District of Geogia ~~~> www.gand.uscourts.gov
My wom is waiting for answer from AUSA in Minnesota. Both of my I-130 and I-485 stuck with CIS for 2 years so far. Could you tell more about your case? Why do you want to file wom just for I-130???
Click to expand...

I want to file a WOM because I have been in namecheck for almost a year. they won't process my case. I'm still waiting for a NOA2. My wife is still in China. It's very distressing.


as far as the district, I was thinking that one of the numbered districts such as the 10th district might emcompass a combination of a few districts, such as mine (northern district), thereby giving me a larger district to research. I have not had much luck finding information in my district to find tendencies in the court.
 
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waitinfori130 said:
how do you know what district you are in? my choices of cases in my particular case (I-130) are very limited in the northern georgia district court.

Are there anymore I-130 WOM filers??... I feel so alone and without a lot of sources. I need you guys very much, I feel helpless. USCIS could care less about my life.
Click to expand...

waitinfori130,
Are you a U.S. citizen? If yes, have you filed for a K-3 visa (Form I-129F) for your wife & dependants? This way, at least they can get into USA while your I-130 is pending and your WOM is going on. Once inside U.S. they can file for AOS. And I believe there is no filing fee for I-129F if you have already filed I-130. You can check with USCIS Cust Svc for more info.
 
lazycis said:
future,
here is the sample MSJ. In your arguments section include two cases I referenced before and attach them as exhibits.
Click to expand...

thanks lazycis and wom_ri

But I do have one more question. AUSA didnt ask the judge to dismiss the case YET. He only denied some parts of the case. Now the judge is going to decide on the case without oral argument.

so still I have to file MSJ?
 
visa number arguments

lazycis, wom_ri and others:
Finally, I draft something to argue about the visa number issue. But I really do not have any faith in my arguments, especially in the later part. I am not sure about the rules, but monday may be the last day for me to file my response. I upload the document here, please advise and feel free to edit (please use the edit mood,tools-trackchanges).
Is it possible to add DOS as defendant at this stage? The court has granted my MSJ.

Thank you so much, without this board, I would never ever reach this step.
 
futureuscitizen said:
thanks lazycis and wom_ri

But I do have one more question. AUSA didnt ask the judge to dismiss the case YET. He only denied some parts of the case. Now the judge is going to decide on the case without oral argument.

so still I have to file MSJ?
Click to expand...

Yes, that what I would do. However your case is somewhat special - I am not sure if regular rules apply to your case.
 
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veryfree said:
lazycis, wom_ri and others:
Finally, I draft something to argue about the visa number issue. But I really do not have any faith in my arguments, especially in the later part. I am not sure about the rules, but monday may be the last day for me to file my response. I upload the document here, please advise and feel free to edit (please use the edit mood,tools-trackchanges).
Is it possible to add DOS as defendant at this stage? The court has granted my MSJ.

Thank you so much, without this board, I would never ever reach this step.
Click to expand...

Hi, veryfree
I might have a same situation to you since my case has no movement after AUSA file motion of extension time. I still don't understand about availibity of visa #. Is it not available nation-wide? or just some district??? I live in Minnesota, could you please explain me about the visa # ! The due date for answer for AUSA is Feb. 24th for my case. I-485 stuck in name check for 2 years.

Thank you for time.
 
I vaguely remember having seen in some declarations that only 1% of the name checks last longer than 6 months; Meaning that 99% of the name checks are done within 6 months. Can any one provide me with the reference?
Thanks,
 
lazycis said:
If you are in Texas, I recommend you to file motion for summary judgment and attach the decision from the fifth circuit court of appeals.

http://www.ca5.uscourts.gov/opinions/pub/06/06-20937-CV1.wpd.pdf

Or at least print the opinion and file it with the court using motion for leave to file a supplemental memorandum.
Click to expand...

Lazycis,
In this case with future, given that a no-oral arguments hearing is scheduled within a week for the case, what do you recommend: MSJ or motion for leave to file a supplemental memorandum ? AUSA has just filed an answer it is likeley one of this ie MSJ or motion for leave to file a supplemental memorandum will serve as an answer to answer and may help his case. Not sure which one ? What is your opinion ?
 
mt100 said:
waitinfori130,
Are you a U.S. citizen? If yes, have you filed for a K-3 visa (Form I-129F) for your wife & dependants? This way, at least they can get into USA while your I-130 is pending and your WOM is going on. Once inside U.S. they can file for AOS. And I believe there is no filing fee for I-129F if you have already filed I-130. You can check with USCIS Cust Svc for more info.
Click to expand...

yes, i'm a native citizen. If I file the I129f, I don't think it would speed up the process and then we would have the issues of having to get work permits and being able to leave the US and the name check all over again.

I feel it is my right to get the I-130 and I'm being denied.
 
Feb2005 said:
hi, how can i find names of local uscis directors and the addresses?

I searched on uscis website but i only see high level org chart!

Anyone knows NYC /Cali svc center directors names? or a link where i can get it?

TIA!!!
Click to expand...

Christina Poulos, Director
USCIS California Service Center
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

Andrea J. Quarantillo, Director
USCIS New York City District
Jacob Javits Federal Building
26 Federal Plaza, Room 1104
New York, NY 10278
 
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