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

With the new USCIS memo regarding the new procedure for cases pending FBI NC, I am thinking to file with the court to request it to compel USCIS to act on my case. I'll acttach the memo. I'll still respond to MTD though.

Any thought?

Judge: Mona Majzoub
AUSA: Susan DeClerco.

Slow_CIS said:
hyyz,
who is your judge? and who is your AUSA?
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Looks like USCIS is scrambling to come up with a procedure to tackle the new batch that became eligible for adjudication.

Was congressman or senator particularly helpful to you after the memo? Earlier they did have the excuse of inability to do anything because NC was pending? What are they saying now?

Please share your experience.

Another user posted InfoPass feedback related to memo:

http://boards.immigration.com/showpost.php?p=1860843&postcount=2816
 
Once again! lazy rocks!!!

It's definitely not on their home page..must be buried somewhere so mere mortals can't find it.
 
What Do We Do Now ???

I have tried reaching an IO on the 1800 number with no luck.
i always get those customer support guys that know nothing.
i had to dictate to the lady today what to say on my complaint because she had not idea about the memo.

if anyone knows the trick to get to an IO please share it with us.

i also sent certified mail letters to my local office and the NBC.
i had a personnal letter with my A# and all the cases i had with them.
also sent the memo and the approved I-130. i know they have access to those files, but its less work for them when its just there.

i will contact my congressman office tomorrow and have them contact USCIS.
i am keeping records off all that stuff and in 3 months if my case does not get processed i will file a WOM.
i will show the judge that i did every possible thing to get my case resolved.
they cannot blame FBI now !!

anythoughts ???

are you guys proceding differently ?
 
Palang Wom

HI LazyCIS/others,
I just recieved a message from AUSA that he has recieved an approval notification on our WOM and would like to speak to me regarding this.... HURRAY.... I dont know how to thank the people/lazycis others in this forum. HOwever before I talk to him, I like to know exactly what i need to ask for.... Should I agree to file a joint motion to dismiss with ........
Please help. if you have a sample so document you can send me so that I sound Like i know what I am doing.... when I talk to him....
:):)
this is an incredibly happy news.

PALANG
my wifes CASE:
I485 Filed: august 2004
Interiew: April 2005
WOM: Jan 10, 2008
Call from AUSA: TODAY Feb 11, 08


thank you everyone
PALANG
 
Palang WOM

I just got done talking to AUSA and he was the nicest government representative I have ever talked to. He said that it is an approval notice and adjudication is complete.

CASE CLOSED......
EVERYONE
I have no idea how to thank lazycis/paz1960/wom_ri/jefkorn.......manyothers who are supporting people in this forum...another success story...

DONT GIVE UP GUYS...success is in sight....

Best of luck to all you
PALANG
 
I tried to send you a PM but got this message:

Jeff Cui has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

What's your email address or please email me at mikezuber70@hotmail.com. Thanks,

OK-Boy

Jeff Cui said:
There is a third part of complaint. For whatever reason, I could not upload.
If you need it, please PM me. I will email to you.
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Palang! so happy for you.

Great news and definitely we all need words of encouragement so keep them coming. By the way, it may be a good idea to post a "lessons learned" from WOM winners or even others who are in the process where they share tip and tricks or may be pitfalls to be aware of.

This will help the current WOMers and future WOMers.
 
Faxed demand letter to NSC and requested congressman's help

Update on my efforts:

1. Faxed to two numbers mentioned in lazycis' post about NSC accepting expedite requests. Attached copy of memo, web printout of processing times, receipt notices and transfer notices. I requested to expedite my I-485 based on a couple of reasons:
a. Memo makes my application eligible for immediate adjudication.
b. Financial/Emotional distress
c. possibility of getting stuck longer in case of future retrogression
d. lost work time to pursue AOS in the form of phone calls and Info Pass appointments

2. Asked the case worker in my congressman's office about requesting NSC to expeditiously adjudicate our(my and my spouse) I-485 applications. She was little surprised that why her contact at USCIS didn't send her the memo. Said she would forward my email request to NSC and see what they have to say. She has been very responsive in the past and usually Service Centers have congressional liaison that deals with this inquiries/requests.


What are you doing to take advantage of memo and what the results look like of your efforts so far?
 
Can a WOM be used for an I-130 that is extremely outside processing times?

And if so can both spouse be joint plaintiffs, or is it only the USC that can be the plaintiff on the WOM. Thanks for kind responses.
 
jefkorn said:
Update on my efforts:

1. Faxed to two numbers mentioned in lazycis' post about NSC accepting expedite requests. Attached copy of memo, web printout of processing times, receipt notices and transfer notices. I requested to expedite my I-485 based on a couple of reasons:
a. Memo makes my application eligible for immediate adjudication.
b. Financial/Emotional distress
c. possibility of getting stuck longer in case of future retrogression
d. lost work time to pursue AOS in the form of phone calls and Info Pass appointments

2. Asked the case worker in my congressman's office about requesting NSC to expeditiously adjudicate our(my and my spouse) I-485 applications. She was little surprised that why her contact at USCIS didn't send her the memo. Said she would forward my email request to NSC and see what they have to say. She has been very responsive in the past and usually Service Centers have congressional liaison that deals with this inquiries/requests.


What are you doing to take advantage of memo and what the results look like of your efforts so far?
Click to expand...


I missed lazycis's post on the fax numbers for expedite requests - I filed mine at Vermont, does anyone have that number?

Today I used POJ method to get through Vermont; the lady there was very uncooperative, and just rushing me to get off the phone. She asked me to call the 800 number, and then not enter the receipt number, and talk to the rep and ask them to escalate my call (just really weird and unclear). When I told her about the memo, she said that I was the second caller inquiring about it and that she didn't know anything about it.

Would it hurt to write a demand letter anyways to the CIS, even though I have a WOM filed in the court and is pending?
 
imhrb said:
I missed lazycis's post on the fax numbers for expedite requests - I filed mine at Vermont, does anyone have that number?

Today I used POJ method to get through Vermont; the lady there was very uncooperative, and just rushing me to get off the phone. She asked me to call the 800 number, and then not enter the receipt number, and talk to the rep and ask them to escalate my call (just really weird and unclear). When I told her about the memo, she said that I was the second caller inquiring about it and that she didn't know anything about it.

Would it hurt to write a demand letter anyways to the CIS, even though I have a WOM filed in the court and is pending?
Click to expand...

I have a number for Vermont, but looks like it's no longer working. Follow the new procedure described here:
http://www.murthy.com/news/n_vscexp.html
 
PALANG said:
I just got done talking to AUSA and he was the nicest government representative I have ever talked to. He said that it is an approval notice and adjudication is complete.

CASE CLOSED......
EVERYONE
I have no idea how to thank lazycis/paz1960/wom_ri/jefkorn.......manyothers who are supporting people in this forum...another success story...

DONT GIVE UP GUYS...success is in sight....

Best of luck to all you
PALANG
Click to expand...

Dude, that was fast! Congratulations!
 
hyyz said:
With the new USCIS memo regarding the new procedure for cases pending FBI NC, I am thinking to file with the court to request it to compel USCIS to act on my case. I'll acttach the memo. I'll still respond to MTD though.

Any thought?

Judge: Mona Majzoub
AUSA: Susan DeClerco.
Click to expand...

You should certainly file you opposition to MTD.
The good thing is that you have not got the worst AUSA in E.D Mich. But Mona Majzoub is not a judge, she is a majistrate judge. Who is your judge and has he reffered the case to the majistrate?
 
Palang Wom

lazycis said:
Dude, that was fast! Congratulations!
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Hi Lazycis/others,
thanks very much, that was fast, I am still in disbelief thats why I just went to check on line and noticed that the case status is as before. (it still says pending creating of record.......)

AUSA did email me a copy of the approved USCIS form I181 and the I485 with approved stamp dated Feb 9. AUSA asked me to send him authorization to file motion to dismiss with prejudice and I did right away since the case has been adjudicated (as far as I can tell from the form he sent me).
I am thinking maybe I should ask him to add that case to be dismissed upon the issuance of LRP something similar??? what do u think??

Thanks,
Palang
 
I am affected too

I am still awaiting for MSJ. The AUSA called me today to postpone the date.
wom_ri said:
I am affected by retrogression(so r many others on this forum).
Iam preparing a memo to court to establish that estoppel claims are valid in this case. Please let me know if you r affeced too and we can prepare a uniform document and cross reference each other. That ways a victory in a plaintiff friendly district can apply to others too.
We should also send the document to the USCIS adjudications officer whose declaration AUSA attached to their MTD's.
Iam sure.. USCIS is now employing a divide-and-conquer policy. For their mistakes, they havent yet admitted that visa numbers have ran out bcos of their errors.
I have the name of the IO who during infopass said that my application was preadjudicated under review on Nov 1, 2007.
We can also quote two specific lawsuits filed around Dec 2007 in D.D.C where two plaintiffs got GC's before Dec 31. I am not sure if their expedited namechecks was conducted and indeed completed before Dec 31.
If we fight united again.. we stand a better chance of winning sooner.
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