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

18 months or 24 months, that's the question!!

Thank you paz1960! I wanted to know that to decide if I should file at 18 month mark in Boston. So it looks like if the judge just dismissed the case WITH prejudice after looking at the delay factor being 18 months although the case has all the proof of exhausting all remedies(letters, calls to USCIS, FOIPA request, senator, congressman, Ombudsman etc), then there's nothing I could really do?

So the decision to file at 18 month or 24 month mark is crucial!!!

paz1960 said:
That depends how the lawsuit was dismissed. If it was dismissed WITH prejudice, you can't file again exactly for the same reason in the same district court. If the case was
dismissed WITHOUT prejudice, you can file again anytime; it is up to the judge what s/he will consider unreasonable delay.
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there is no status update on her case. Her fingerprint is more than 1 year, mine is about 2 years. what do you mean answer when you say " before answer is received" ? Thanks.

lazycis said:
First of all, congrats!!! You should get your card within a week.
Do not worry, she will get it too. Was her I-485 status changed to approved? What about her fingerprint results, are they current? You can certainly add your wife at any time before answer is received, but I think it won't be necessary.
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gcca_2004 said:
there is no status update on her case. Her fingerprint is more than 1 year, mine is about 2 years. what do you mean answer when you say " before answer is received" ? Thanks.
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I mean before you receive an answer (not MTD) to your complaint from AUSA.
 
Another Mandamus Victory in Seattle!

By the way keep any eye on http://www.bibdaily.com/ for Mandamus victories!

http://www.bibdaily.com/pdfs/Amirparviz 2-4-08.pdf

"The lack of evidence explaining the delay in adjudicating Mr. Amirparviz’s application is fatal to the Government’s position." Amirparviz v. Mukasey, W.D. Wa., Feb. 4, 2008.

It has good points :

1. How USCIS abdicates the responsibility for Name Check after it hands it off to FBI.
2. How did FBI clear dependent's name check so quickly and not the primary applicant's esp. when FBI doesn't have any proof that the primary applicant poses any threat or needs a complex name check clearance
3. Cutting in line arguments is also very well countered.

"When an applicant has been waiting for years for adjudication, knowing that others have received decisions much more quickly, it is not enough to say, to paraphrase the Government’s response: "This is the system." The APA provides Mr. Amirparviz with a means to challenge the system, and he has done so successfully in this case."
 
another reason to file WOM

My wife just came back from DMV. Her license was up for renewal. The DMV morons asked her for work permit. Her work permit was valid Aug07-Aug08. They refused to renew her license saying:
1. we issue drivers license for a minimum period of 1 year.
2. So, for them to issue license, she needs a valid work permit for atleast a year

I looked at Real ID act and it clearly states that DMV should issue temporary
drivers license for a period of 1 year for AOS applicant.

However, I asked her to take AAA membership and renew at AAA office. No questions asked.. and her license is renewed for 5 years.

Another reason for filing WOM!
 
WOM and Renewal for Work permit

I've an important question (which questions aren't important here anyway ). I am going to file wom (whether pro se or with lawyer's help as I've too much on my plate anyway) and my work permit needs to be renewed.

It's really important for me that I get my work permit. Now question is, can I file wom and renewal of work permit simultaneously? Did anyone here do that? I just can't afford to lose permission to work under any circumstance as I am the only one working currently. If you did, was it approved?

Thanks!! :)
 
It also depends on the state you live in. In MA, you will get driver's license valid upto 5 years for even H4, H1 or AOS applicants. I remember in NJ, they would issue the driver's license valid only up to the validity of your immig. status.
wom_ri said:
My wife just came back from DMV. Her license was up for renewal. The DMV morons asked her for work permit. Her work permit was valid Aug07-Aug08. They refused to renew her license saying:
1. we issue drivers license for a minimum period of 1 year.
2. So, for them to issue license, she needs a valid work permit for atleast a year

I looked at Real ID act and it clearly states that DMV should issue temporary
drivers license for a period of 1 year for AOS applicant.

However, I asked her to take AAA membership and renew at AAA office. No questions asked.. and her license is renewed for 5 years.

Another reason for filing WOM!
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Feb2005 said:
I've an important question (which questions aren't important here anyway ). I am going to file wom (whether pro se or with lawyer's help as I've too much on my plate anyway) and my work permit needs to be renewed.

It's really important for me that I get my work permit. Now question is, can I file wom and renewal of work permit simultaneously? Did anyone here do that? I just can't afford to lose permission to work under any circumstance as I am the only one working currently. If you did, was it approved?

Thanks!! :)
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You can combine I-485 and I-765 (EAD) Wom or add EAD later on, but you have to apply for EAD first and wait for more than 90 days. So my advice is to apply for EAD 4 months in advance to avoid issues. If you do not get a renewal in 90 days, you can go to USCIS office and request expedite and also add it to your Wom. I do know some successfull cases where AOS and EAD were combined in one WOM. In one case a person was waiting for more than a year for EAD renewal and got EAD after filing Wom.
 
work permit renewal laws do not state WOM as a reason to dismiss

I filed WOM aug 07. I am filing EAD renewal(expires July 08) now.
I don't see a reason how USCIS can revoke my EAD renewal bcos of WOM
alone.
Sure, they might dig deep into my 485 application to find a reason to revoke my EAD(and/or my 485). I don't know the answer to that.

I filed WOM bcos I know my rights under APA.
I filed 485 cos.. I know this country honors the laws that grant
employment based green cards.

Most likely, the agents handling EAD renewal have no idea that you have
filed WOM. WOM is handled by AUSA for USCIS.
I think they need >1 Million grant( and 1 yr timeline) to add a boolean flag to their online-database indicating that an applicant has filed WOM :)
Then they will spend >10 million to educate the adjudicators on what that means and how to use it correctly.
Feb2005 said:
I've an important question (which questions aren't important here anyway ). I am going to file wom (whether pro se or with lawyer's help as I've too much on my plate anyway) and my work permit needs to be renewed.

It's really important for me that I get my work permit. Now question is, can I file wom and renewal of work permit simultaneously? Did anyone here do that? I just can't afford to lose permission to work under any circumstance as I am the only one working currently. If you did, was it approved?

Thanks!! :)
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wom_ri

My wife was able to renew DL for 5 years without any issues (she had no EAD, no H1, just pending I-485) at Rhode Island mall DMV in September 07. No questions were asked. So it may be something new.
 
lazycis said:
You can combine I-485 and I-765 (EAD) Wom or add EAD later on, but you have to apply for EAD first and wait for more than 90 days. So my advice is to apply for EAD 4 months in advance to avoid issues. If you do not get a renewal in 90 days, you can go to USCIS office and request expedite and also add it to your Wom. I do know some successfull cases where AOS and EAD were combined in one WOM. In one case a person was waiting for more than a year for EAD renewal and got EAD after filing Wom.
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lazycis, thanks for the reply.

I am ready to file for renewal as I've four months exaclty.

I just want to clarify, ok, let's say if I apply for renewal of work permit this month, can I file for wom only for I-485 let's say next month or in April before I get the work permit.

Can USCIS reject my application for renewal of work permit because I filed wom later on for I-485?

Thanks!
 
Feb2005 said:
lazycis, thanks for the reply.

I am ready to file for renewal as I've four months exaclty.

I just want to clarify, ok, let's say if I apply for renewal of work permit this month, can I file for wom only for I-485 let's say next month or in April before I get the work permit.

Can USCIS reject my application for renewal of work permit because I filed wom later on for I-485?

Thanks!
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USCIS cannot reject EAD renewal just because you filed WoM. I believe most of us renewed EAD without a problem while our court cases were pending. File I-485 Wom and do not wait until EAD renewal comes. Do not delay filing for renewal, from my experience the biggest issue is that people do not file EAD renewal on time.
 
2008 changes in DMV

I think many DMV's need to comply with Real ID act in 2008.
http://www.dmv.ri.gov/realid/realidsummary05.pdf

A federal agency may not accept a driver’s license or personal identification
card (DL/ID) after May 11, 2008, unless the state has been certified by the U.S. Department of Homeland Security (DHS) in consultation with the U.S.
Department of Transportation (DOT) to meet the requirements of the law

I will try the Mall DMV this weekend. Thanks!

lazycis said:
wom_ri

My wife was able to renew DL for 5 years without any issues (she had no EAD, no H1, just pending I-485) at Rhode Island mall DMV in September 07. No questions were asked. So it may be something new.
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dhs budget for 2009 has nothing for namechecks ?

http://www.washingtontechnology.com/online/1_1/32191-1.html

The 50 billion $$ for DHS has nothing earmarked to improve namechecks.
for example it has
$100 million for E-Verify, which is a program operated by U.S. Citizenship and Immigration Services. The program allows registered employers to check on the Social Security numbers of prospective employees.
 
only at main DMV

Just back from RI Mall DMV. I have to go to Pawtucket DMV(main DMV). I showed them the Real ID ACT from DMV website. Atleast the lady replied politely that main DMV can fix the problem for me. She did not pretend to know immigration laws.. only required that I have a Work permit with validity for a year. They ask about Work permit bcos.. SSN card is required now..
The SSN card say.. valid for work with DHS authorization only..
I am sure.. I have to fight at Pawtucket DMV to get a temporary License(1 year validity) tomorrow.
I plan to write to local senators/congressman about this whole thing of paying 31 bucks per year to get a license. Imagine.. going abroad for a trip around this time and not having a valid license when we come back. I can understand that they don't want illegal immigrants here.. But c'mon.. Legal immigrants should not be put thru this...

lazycis said:
wom_ri

My wife was able to renew DL for 5 years without any issues (she had no EAD, no H1, just pending I-485) at Rhode Island mall DMV in September 07. No questions were asked. So it may be something new.
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Motion To Reconsider

LAZYCIS, and others
my Lawyer is considering filing a motion to reconsider.
Not many successfull cases here in Michigan and i was wondering if i should do that or file a new WOM in few months hoping of getting another judge.

thanks
 
eliama said:
LAZYCIS, and others
my Lawyer is considering filing a motion to reconsider.
Not many successfull cases here in Michigan and i was wondering if i should do that or file a new WOM in few months hoping of getting another judge.

thanks
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Motion to reconsider should be filed within 10 days after the entry of judgment. File another Wom in another district (i.e in the district where the USCIS service center is located). Michigan did not have a single AOS success. Maybe Slow-CIS will change the situation.
 
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