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

Backlog in Naturalization Applications

First published by Migration Policy Institute:

USCIS: Backlog in Naturalization Applications Will Take Nearly Three Years to Clear

http://www.migrationinformation.org/USfocus/print.cfm?ID=673
"...
According to previously unpublished figures that USCIS has given the Migration Policy Institite, during May, June, and July 2007, the agency received 737,223 applications — three-and-a-half times the number of applications (207,536) received during the same period a year earlier. As of October 2007, USCIS had almost 1 million naturalization applications pending approval.

The surge caused the processing time to more than double — now standing at 16 to 18 months for applications filed during the summer of 2007, compared to the six-to-seven-month timeframe for applications filed in 2006.

....

"USCIS Director Emilio Gonzalez has stated that he hopes these efforts will reduce processing times to presurge levels by April 2010."

Media is picking up on the Citizenship delays as well as memo related to NC delays in relation to AOS applications. NYT has covered this issue as well,

http://www.nytimes.com/2008/02/17/o...fd&ei=5124&partner=permalink&exprod=permalink

"You can tell a country’s priorities from what works and where the money goes. With billions for border and workplace enforcement, the government has been rushing to impose ever more sophisticated and intrusive means to keep immigrants out. Yet it continues to tolerate a creaky, corrosively inept system for welcoming immigrants in — an underperforming bureaucracy that takes their money and makes them wait, with a chronic indolence that is just another form of hostility."
 
The effect all the lawsuits had on USCIS

The lawsuits have definitely paid off and gotten USCIS finally to correct its practices in some ways(recent example revised NC memo,hiring more adjudicators etc)

http://s202395528.onlinehome.us/200...g-to-feel-the-effects-of-a-very-bad-decision/

"
The United States Attorney’s office has a policy of not litigating cases they they feel they cannot win. When faced with cases they feel they may not win, they attempt to settle the case so that district court judges will not decided against the government in weak cases. While a great many mandamus cases have been dismissed on procedural grounds, an unusually large number of such cases have proceeded to a decision on the merits. Almost uniformly, judges have ruled in favor of the plaintiffs and against the government in these cases. Worse, from the government’s perspective, judges are using increasingly harsh language to describe the behavior of the CIS. Judges who have had CIS mandamus cases before them, and ruled against the CIS, are now much more likely to disregard the excuses offered by the government in similar cases in the future.
"
 
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Can't get enough mandmaus? Here's another dose!

Ok I am getting little obsessed with it but it is a good obsession. Dug up some articles that may be be of interest to us all.

Federal Court Litigation to Remedy Agency Delays

http://www.klaskolaw.com/library/files/litiga~1.pdf

Following article discusses the background on AOS, worth a read!
Adjustment of Status: Law and Practice [It was written before the revised NC memo, so it doesn't mention it]
http://www.klaskolaw.com/library/files/adjustment_of_status_law_and_practice.pdf

This is old news but if you thought the answer to the following question is yes:

Are USCIS Security Clearances Really Making Us More Secure?

http://www.klaskolaw.com/library/fi...y_clearances_really_making_us_more_secure.pdf
 
Anyone filed WOM after memo?

Does anyone know if anyone filed WOM after the memo and what was the AUSA's response? Did anyone have any success with sending demand letters to Service Center or local USCIS office?

I have faxed such a letter to NSC but plan to mail one too to NSC and of course it will go as an exhibit if they didn't move on my application.
 
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Thanks mmlulin!

I'm more interested in AOS cases. I should've been legally correct. I didn't mean response in the strict sense of the word. Did AUSA contact the plaintiff promptly via email or phone to say something to the effect: "Now after the memo, it will be a breeze now to pressure USCIS to adjudicate your case because of the memo etc..."

mmlulin said:
Search http://dockets.justia.com/
There're around 78 cases listed Chertoff as defendant filed after Feb 4. A lot of them are Nat cases or unrelated cases. I don't think it's time for AUSA to respond any of them yet.
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2nd time called USCIS since the memo has been out

I've contacted California Svcs Center again today. I called them last time after I heard about the memo.

Last time, customer svc person said- my fingerprint expired so they would send me a new appointment letter and she was also going to assign my case to an AO. I'm not sure what was she talking about. But anyway, today I called just to check where things stand now.

Well, the one answered me today seemed to know about the memo and said it just got out so it'll take few months to get my case processed since they have lots of cases pending for name check from long time ago. My one is not recent either, three years going strong.

But she kinda gave me contradictory info. She said on Feb 11, 08 my fingerprint cleared and it's good for a year! I saw a LUD on my case on Feb 8, 08. But I noticed for the last few times whenever I talked to someone at Cali Svc Center (my case is there) I always got a LUD change. But one of my friends whose case is in Texas Svc Center said she never gets any LUD change when she talks to them on phone. Does anyone here see LUD change if you talk to a Svc center person? I've been curious about that.

And she told me not to call every other week- LOL... at least to give them 30 days!

I also sent an email to the lady at Congressman's office who I spoke to before. Well, before she said she couldn't do anything for the name check thing, but this time I hope she can. I also gave her the link to the new memo. I hope I'll at least get a hi from her if nothing else.
 
This lawyer has filed some expedite requests with San Diego office, he is getting 90 day time period for adjudications for memo-affected cases!

"
I have also filed several requests to expedite cases based on the new memo and here is the response from our local San Diego Office:

yes, over 180 days, some of them had finger prints expired and your case is one of them. The office is in the process of sorting them all out. The ones that had finger print expired will be scheduled. Cases in which the finger print had not expired and over 180 days will be reveiwed which will take time because the Officers had all their work divided prior to having this good news. It will take at least until 90 days these cases to get adjudicated. The sooner you will have the finger prints done the better. Please remember only CASES that are plain Security Checks are pending and no other issues involved. If there are I-72 outstanding and other issues it will not be adjudicated.
"
Source: http://www.visalawyerblog.com/2008/02/san_diego_immigration_lawyer_f.html

I don't get LUD every time I speak to IO at NSC and I do call them pretty frequently.

I was also told that my FP were expired and will receive appointment letter in two weeks, which I haven't even after two weeks. When called to confirm, the officer said something to the effect that he refreshed them and will be sent appointment letter if needed.

May be they do have the capability now to run a check without calling you to ASC not sure about that though.


Feb2005 said:
I've contacted California Svcs Center again today. I called them last time after I heard about the memo.

Last time, customer svc person said- my fingerprint expired so they would send me a new appointment letter and she was also going to assign my case to an AO. I'm not sure what was she talking about. But anyway, today I called just to check where things stand now.

Well, the one answered me today seemed to know about the memo and said it just got out so it'll take few months to get my case processed since they have lots of cases pending for name check from long time ago. My one is not recent either, three years going strong.

But she kinda gave me contradictory info. She said on Feb 11, 08 my fingerprint cleared and it's good for a year! I saw a LUD on my case on Feb 8, 08. But I noticed for the last few times whenever I talked to someone at Cali Svc Center (my case is there) I always got a LUD change. But one of my friends whose case is in Texas Svc Center said she never gets any LUD change when she talks to them on phone. Does anyone here see LUD change if you talk to a Svc center person? I've been curious about that.

And she told me not to call every other week- LOL... at least to give them 30 days!

I also sent an email to the lady at Congressman's office who I spoke to before. Well, before she said she couldn't do anything for the name check thing, but this time I hope she can. I also gave her the link to the new memo. I hope I'll at least get a hi from her if nothing else.
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Boston USCIS phone and fax numbers

I found Boston USCIS phone and fax number from http://www.visaportal.com/page.asp?page_id=132#Boston, hope it helps. I'm not sure how accurate the information is.

Boston District Office
John F. Kennedy Federal Bld. Government Ctr., Rm. 1700 Boston, MA 02203
District Director: Steve Faquhat
Phone: 617-565-4214
Fax: 617-565-3097


suesue said:
I just called IO and ask for how to expedite my case regarding the new memo. She mentioned that I need to fit the critial which everybody here are over 180days. USCIS should contact with me by Mar 10th. If I was not contacted by that time, call them. That is newest policy she advised. When I ask for tel and fax for Boston office, she said no.

That is the update from my phone call.
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I a have a question not related to the lawsuit but Jefkorn might have the answer. Can my employer force me to pay the I-129 base ($320) filing fee ? If not where can I find the regulation ?

Thanks to all for your help
 
If FP are code 3, they CAN be refreshed digitally (source: NSC IO on phone)

Spoke to IO at NSC, summry:
"If I had done code 3 FP after I submitted I-485(which includes the ten prints, picture, prints for index fingers and signature captured digitally), I won't need to go in for FP at ASC. It may take some time for their batch scan/sweep process to catch up with expired FPs. Didn't give me a concrete estimate on how long it may take for my I485 to process. Not yet assigned to an officer"

Someone received their GC even though only FP were done more than 15 months ago.
http://www.trackitt.com/discussion-forums/i485-1/70463163/

Didn't get to ask about memo and its effect on their processing times etc, may be someone else can do that?

mmlulin said:
Yeah, I got a similar wording for FP issue at TSC, but the rep still mentioned to have somebody to sent out an appointment.
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MDwatch

Disclaimer: Following is a result of Google search.
Employer CANNOT ask you to pay the application fee. Attorney fees are a different story:

http://www.osp.state.nc.us/hr/Foreign Nationals/H-1B Visa Training Presentation 3-21-06.pdf

Couldn't find official regulation on this. Following links discuss the same issue:

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1581043951

http://www.rediff.com/getahead/2007/dec/12abr1.htm

http://www.greencardmaker.com/user/frmH1b.asp

MDwatch said:
I a have a question not related to the lawsuit but Jefkorn might have the answer. Can my employer force me to pay the I-129 base ($320) filing fee ? If not where can I find the regulation ?

Thanks to all for your help
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lazycis said:
Is that H1B? The employer should pay everything. including legal fees. I can give you reference to applicable law and regulations.
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That would be great. In question is the $320 filing fee. I am filling out all the paperwork, preparing the letters and getting the LCA for the renewal. So there are no lawyer's fees ... go figure my company finally believes that I can fill out all the paperwork myself without the lawyer :) No they are asking me to pay the filing fee ... seen otherwise, they are asking me to pay them for the right to work .... feb 4th memo please kick in quick :D and I was about to file my mandamus action next week ....
 
MDwatch said:
That would be great. In question is the $320 filing fee. I am filling out all the paperwork, preparing the letters and getting the LCA for the renewal. So there are no lawyer's fees ... go figure my company finally believes that I can fill out all the paperwork myself without the lawyer :) No they are asking me to pay the filing fee ... seen otherwise, they are asking me to pay them for the right to work .... feb 4th memo please kick in quick :D and I was about to file my mandamus action next week ....
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Here it is
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

Here is the link to the law
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

See also
20 CFR Ch. V. § 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);


http://frwebgate1.access.gpo.gov/cg...ISdocID=41788073114+1+1+0&WAISaction=retrieve
(page 132)

Here is the thread from immigrationvoice regarding the similar issue
http://immigrationvoice.org/forum/showthread.php?t=16674
 
http://www.klaskolaw.com/library/files/are_uscis_security_clearances_really_making_us_more_secure.pdf[/url][/QUOTE]



Is it possible to use an article such as this in your WOM ?? If so, how would it be presented ?
 
I am planning to a file a 1447b lawsuit as a pro se petitioner in my federal district court and was wondering about the ethics of copying the text of someone else's lawsuit already filed under the same statute. Is it okay to take the text of someone else's lawsuit or not? I'm not a lawyer nor legally trained, so I might make critical errors in my complain causing it to get dismissed. What do guys suggest that I should do? Write my own or copy from someone else? Thanks.
 
Almost all of us are non-lawyers :) and have embarked upon the pro-se journey quite fruitfully. Please use the "search this forum" option to look at answer to most of the general FAQ. I had the same question 6 months back(cut-&-paste from other cases drafted by lawfirms. I think it is ok. You cannot copyright sentences.. Anyways each case is different and you take the fall if the sentence is not right in your context.
Register for pacer and look for various cases in your district.
Look up cases using dockets.justia.com
If you know someone in universities, check for lexis-nexis academic account(invaluable to search judge opinions for free).
Good luck and keep at it(the lawsuit)..
In the end.. plaintiffs always get justice..

yellowmango said:
I am planning to a file a 1447b lawsuit as a pro se petitioner in my federal district court and was wondering about the ethics of copying the text of someone else's lawsuit already filed under the same statute. Is it okay to take the text of someone else's lawsuit or not? I'm not a lawyer nor legally trained, so I might make critical errors in my complain causing it to get dismissed. What do guys suggest that I should do? Write my own or copy from someone else? Thanks.
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Question

Are there any poster in this thread whos child have aged out despite the enactment of the CSPA ? If so please go to www.expatsvoice.org and search the thread for aging out.

I currently have a law suit pending with the uscis et al , and if I win this will help others. The site is in the process of setting up on line petitions for two main issues,

1. for a compassionate visa on a case by case basis, subject to documentary evidence

2. To protect all children from aging out


Just so you know if the petitioner passes away, the surviving spouse pending green card is cancelled, the spouse can bury their loved one, yet their work autho is cancelled

We have to obtain a no nonsence immigration reform that is fair, secures the boarders and has common sense and has compassion

Activists, needed to help the core team. your time only, no money involved Please help us to support you and others like you
 
I have sent a demand letter to request expedite my I485 case last week. My husband who is non immigration attornry wrote the letter. I plan to go to infopass this Friday to check if there is any update.

My case is in Boston Office. Jefkon provide boston office phone number. I will ask him to call.

Thanks
 
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