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

You're strong. I'm in California Central district. The process time that AUSA mentioned was about the stalled cases I think.

Questions,

1. How to get the statistic results of the granted or denied? I have access to pace.
2. What about the assigned FBI analyst? Do I need to ask the AUSA to find out?

The AUSA claimed that FBI/USCIS didn't provide him any information about the progress of my case, except, they told him that my file was there, not lost.


wom_ri said:
Double check what AUSA said about 10 granted and 12 denied.
Which district court are u in ? is this Green Card or naturalization case ?
If AUSA lied.. let your Judge know about it.
Also ask AUSA to tell Judge how many cases were dismissed as moot before they came up for hearing..
Also.. the court should have recorded transcripts of hearing.. that should give you proof about who said what during
the hearing.
The AUSA answered that FBI was processing cases that filed at end of 2003
That is a damn lie!! Ask him to provide details on that. FBI namechecks are processed in 48hours in >70% of cases.
Ask them to tell the court how many hits your namecheck cleared and how many have been processed to date.
Has the FBI assigned an analyst to your case yet ?
Click to expand...
 
Free access to PACER from selected locations

I didn't know this but found out after googling what's the best way to utilize PACER. As a new user I got carried away in the search but other users will agree that after a while you could spend quite a bit on researching.

http://www.uscourts.gov/Press_Releases/libraries110807.html

People living close to the place can take advantage of free access to PACER. This can come real handy when researching on your own.
 
Thank God for Judge Baylson!

Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
 
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WOM in Boston, please share cases and analysis/strategy

I'm researching Boston or MA in general cases for I485 WOM cases and trying to get a sense of what's the trend in terms of "what is considered unreasonable delay", judge's point of view on whether court has jurisdiction over delayed I485 applications etc..

I did a search on Chertoff in Boston federal court's web site and found a bunch of cases. One of them sounds troubling:

http://pacer.mad.uscourts.gov/dc/opinions/stearns/pdf/vorontsova.pdf

"Given defendants’ representation that the FBI processed 3.4 million name checks in fiscal year 2006 alone, a twenty-one month delay in adjudicating Vorontsova’s application is not per se unreasonable"

Others planning to file in Boston, please chime in!
 
Vorontsova is in process of appeal, Apparently she hired lawyer from Yong Tang case after filing Pro Se. The lawyer warned Vorontsova that the judge is pro-government. So it's a game of chance :)
 
Does it mean what I think it means? :)

Thanks lazycis for WONDERFUL news! Now my NC along with lot of others has been pending for more that 180 days, my priority date is current and case was recently transferred from TSC to NSC, what can I do to ask/request NSC to adjudicate my I-485 now that NC results are not required to adjudicate the I-485 applications?

lazycis said:
Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit can be adjudicated!!!
Click to expand...
 
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Jeff

I guess you can call them and tell the news. You can also fax an expedite request and attach the memorandum :)
 
lazycis, I just love it !!!

I think that's not a bad idea. I may fax them an expedite request and call them too. I also have an infopass appointment but I am wondering what can I do there to get NSC moving on my case..can't wait !!

Thanks to all the WOMers across the country who stood up for their rights!!!
 
lazycis said:
Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
Click to expand...

That sad, yet another "backlog reduction".
 
Palang Wom

Hi Lazycis and Others,
Lazycis, thanks for posting the CIS memo. Does this mean that many WOMers really dont need to follow through with the lawsuit? I filed wom in Cent Dis Ca on January 10th. I checked pacer last night and the attached query shows the status. My question is: It list filing date and date last filing, which is the date I filed summons with the court... which date is the start date which 60 days calculated from? secondly, in the space where it says demand: empty, is that an issue? should it be something, i didnt fill out the demand section on cover sheet.
third, what is the next step ..should I wait until hearing from court or AUSA and expect MTD?
In light of Lazycis posting of this new memo, is there anything we should do?
Thanks to all the help
Palang
 
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60 days start from the date when your AUSA received your complaint (check return receipt). It does not really matter when you filed return of service. Your status looks OK. I think lawsuit will help to speed up things regardless of CIS memo, but the memo itself should help a lot.
 
Great!

lazycis said:
Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
Click to expand...

My PD was current for most of last year, but got stuck in name check. Now my category is "U" ( it is expected it will be U for another 2 years for people with my PD ).
 
lazycis said:
Finally, the decisive victory for all us sufferers! The USCIS issued a memorandum to change its policy regarding name checks. The completion of FBI name check is no longer required before application for immigration benefit (except naturalization applications) can be adjudicated!!!
Click to expand...

WOM! Thanks for the great news lazycis. A well deserved victory for everyone who fight hard for this.
 
Finally it is over

Today I received two emails from USCIS regarding my I-485 application:

"Current Status: Card production ordered.
On February 6, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you."

I guess it is finally over now but I dont feel a single bit of excitement after the long hail of I-485 and fighting in the court.

I-485 receipt date: Feb 16, 2005
Filed WOM lawsuit in Maryland: April 2007
Filed Response to MTD: Oct 2007
Filed Request for Emergency Travel: Feb 1, 2008

I really want to thank LazyCIS and other senior members of this forum to give me advice and encouragement during the long and painful process. Lazycis, your support is especially critical for me to preparing the lawsuite.
Good luck to all your folks.

Have a wonderful chinese new year!
 
This is great news, zlcjf! Very happy for you!
You may not feel a relief yet, but because of you and all other people who boldly fought the issue in courts and sent letters to government officials many people will be relieved.
 
The Great News

lazycis said:
I guess you can call them and tell the news. You can also fax an expedite request and attach the memorandum :)
Click to expand...

LAZYCIS, THIS IS GREAT NEWS.
I DID NOT SLEEP ALL NIGHT BECAUSE OF THE EXCITEMENT.
THANKS TO ALL OF US WOMER'S IT PAID OFF FINALLY.

DO YOU THINK I SHOULD FAX MY LOCAL OFFICE A LETTER AND THE MEMORANDUM AND ASK THEM TO ADJUCATE MY APPLICATION OR THE SERVICE CENTER ?? I CANNOT FIND THE NUMBER FOR THE NBC.
WE ALL KNOW THAT WAITING FOR THEM DOES NOT WORK :D
WHAT ABOUT INFOPASS ???
 
eliama regarding NSC

I called NSC and apparently they haven't received any policy change notification etc. Anybody else had similar experience with them?

My case was transferred from TSC to NSC on Nov 26,2007. The guy on the phone said that the case is still new in the system and needs some time to settle down in the system.

Please share your experience about NCS or InfoPass if this memo is being recognized by them and are they entertaining the request to look into the cases?

eliama said:
LAZYCIS, THIS IS GREAT NEWS.
I DID NOT SLEEP ALL NIGHT BECAUSE OF THE EXCITEMENT.
THANKS TO ALL OF US WOMER'S IT PAID OFF FINALLY.

DO YOU THINK I SHOULD FAX MY LOCAL OFFICE A LETTER AND THE MEMORANDUM AND ASK THEM TO ADJUCATE MY APPLICATION OR THE SERVICE CENTER ?? I CANNOT FIND THE NUMBER FOR THE NBC.
WE ALL KNOW THAT WAITING FOR THEM DOES NOT WORK :D
WHAT ABOUT INFOPASS ???
Click to expand...
 
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