Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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sweetapple
Registered Users (C)
Thanks for the news! This news release is probably for the publicity. About 2 weeks ago when I checked with my local congressman's office, I was informed that my 2+ years' pending name check is nothing compared with
someone that's been pending for 4-5 yrs..
I really wish that they do what was stated in the news release.
someone that's been pending for 4-5 yrs..
I really wish that they do what was stated in the news release.
meroncluster
Registered Users (C)
This goes against what the USCIS news bulletin claims. There it says FBI has already eliminated cases pending for more than four years. Perhaps you should take this bulletin to the congressman's office and ask them if either their office is in error or USCIS is playing games with all of us.
But in any case the memo is something that will come handy in future WOM cases. It would be difficult for the AUSA to argue they can take forever to adjudicate applications. Also the memo clearly indicates that if they want they can act quickly, it is just that they have not been serious for so long. After all we are all immigrants, who cares if we have to wait for a few years for something which perhaps can be done in a few months.
But in any case the memo is something that will come handy in future WOM cases. It would be difficult for the AUSA to argue they can take forever to adjudicate applications. Also the memo clearly indicates that if they want they can act quickly, it is just that they have not been serious for so long. After all we are all immigrants, who cares if we have to wait for a few years for something which perhaps can be done in a few months.
N400-Misery
Registered Users (C)
Help me clarify this new development
Experts,
When the USCIS / FBI say they plan to process all cases pending one year or more by November 2008. Does that mean that every case with NC pending for one year or more will be completed on or before 11/31/08?
Or, does it mean that they will start working on cases with NC pending for one year or more in November 08 and finish in Feb. 09.
Will this development actually hurt WoM cases for the short run?
Here’s what I think ... Judges might consider this new move as a positive step in the right direction and start dismissing cases under the excuse that "The USCIS is aware of the delay, and is working hard to get to your case by a specified date"
The argument of "Leaving aliens in a state of limbo, languishing there indefinitely" is no longer acceptable.
However, should the USCIS fail to deliver this time, tens of thousands of cases will be filed and the USCIS will be in a bigger mess that it is right now. This is why I feel that they really mean business this time.
What do you guys think? Am I close... or sound like a desperate guy who's willing to try anything at this moment.
Experts,
When the USCIS / FBI say they plan to process all cases pending one year or more by November 2008. Does that mean that every case with NC pending for one year or more will be completed on or before 11/31/08?
Or, does it mean that they will start working on cases with NC pending for one year or more in November 08 and finish in Feb. 09.
Will this development actually hurt WoM cases for the short run?
Here’s what I think ... Judges might consider this new move as a positive step in the right direction and start dismissing cases under the excuse that "The USCIS is aware of the delay, and is working hard to get to your case by a specified date"
The argument of "Leaving aliens in a state of limbo, languishing there indefinitely" is no longer acceptable.
However, should the USCIS fail to deliver this time, tens of thousands of cases will be filed and the USCIS will be in a bigger mess that it is right now. This is why I feel that they really mean business this time.
What do you guys think? Am I close... or sound like a desperate guy who's willing to try anything at this moment.
Can someone help me to file a response to answer by defendants?
N-400 Filing on 03/23/2006
Passed interview on 07/10/2006
waiting for the oath letter because of the name check...
Lawsuit(Pro Se) Filed on 01/02/2008
AUSA asked 2 weeks extension to answer on 03/04/2008
AUSA second motion for extension of time to answer on 03/13/2008
AUSA filed ANSWER to Complaint on 04/01/2008
Civil No. 08-0003-CV-W-FJG
THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
Lazycis and others:
Could you provide me a draft template(N-400) to write a response to Answer filed by AUSA?
Thanks for your timely help!
N-400 Filing on 03/23/2006
Passed interview on 07/10/2006
waiting for the oath letter because of the name check...
Lawsuit(Pro Se) Filed on 01/02/2008
AUSA asked 2 weeks extension to answer on 03/04/2008
AUSA second motion for extension of time to answer on 03/13/2008
AUSA filed ANSWER to Complaint on 04/01/2008
Civil No. 08-0003-CV-W-FJG
THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
Lazycis and others:
Could you provide me a draft template(N-400) to write a response to Answer filed by AUSA?
Thanks for your timely help!
Sure. What you really need to do now is to file motion for judgment on the pleadings.
You can start by reading this wonderful opposition written by one of the thread great contributors, paz1960.
http://boards.immigrationportal.com/showpost.php?p=1601763&postcount=8445
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Experts,
When the USCIS / FBI say they plan to process all cases pending one year or more by November 2008. Does that mean that every case with NC pending for one year or more will be completed on or before 11/31/08?
Or, does it mean that they will start working on cases with NC pending for one year or more in November 08 and finish in Feb. 09.
Will this development actually hurt WoM cases for the short run?
Here’s what I think ... Judges might consider this new move as a positive step in the right direction and start dismissing cases under the excuse that "The USCIS is aware of the delay, and is working hard to get to your case by a specified date"
The argument of "Leaving aliens in a state of limbo, languishing there indefinitely" is no longer acceptable.
However, should the USCIS fail to deliver this time, tens of thousands of cases will be filed and the USCIS will be in a bigger mess that it is right now. This is why I feel that they really mean business this time.
What do you guys think? Am I close... or sound like a desperate guy who's willing to try anything at this moment.
It may make your job harder. Now you will have to convince the judge that the USCIS is lying yet again. Wait a minute, that's not so difficult to do, right?
HEARING ON “BACKLOG REDUCTION PLAN FOR IMMIGRATION APPLICATIONS”
BEFORE THE SUBCOMMITTEE ON IMMIGRATION, BORDER SECURITY AND CLAIMS HOUSE COMMITTEE ON THE JUDICIARY
June 17, 2004
http://judiciary.house.gov/OversightTestimony.aspx?ID=196
"These objectives have started USCIS in the right direction and have begun to deliver improvements, but there is much more to be done. Just as the backlog was created over time, we must recognize that there is no quick fix to all our challenges – only through our commitment will we be able to claim success.
Thankfully, we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President’s vision of 'welcoming immigrants with open arms…not endless lines.'
...
USCIS will ensure that all customers are provided an opportunity to receive a decision within six months or less. However, we recognize that even after the backlog is eliminated, some cases may take longer than six months, such as those cases where security checks have indicated a possible significant terrorist risk or criminal activity.”
EDUARDO AGUIRRE, JR. DIRECTOR, U.S. CITIZENSHIP AND IMMIGRATION SERVICES (emphasis added)
Eduardo goes on and states that the USCIS processes 140,000 background checks and issues 20,000 green card daily.
That's just one of many examples where the USCIS promises do not pass reality check.
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soccergirl
Registered Users (C)
Experts,
When the USCIS / FBI say they plan to process all cases pending one year or more by November 2008. Does that mean that every case with NC pending for one year or more will be completed on or before 11/31/08?
Or, does it mean that they will start working on cases with NC pending for one year or more in November 08 and finish in Feb. 09.
Will this development actually hurt WoM cases for the short run?
Here’s what I think ... Judges might consider this new move as a positive step in the right direction and start dismissing cases under the excuse that "The USCIS is aware of the delay, and is working hard to get to your case by a specified date"
The argument of "Leaving aliens in a state of limbo, languishing there indefinitely" is no longer acceptable.
However, should the USCIS fail to deliver this time, tens of thousands of cases will be filed and the USCIS will be in a bigger mess that it is right now. This is why I feel that they really mean business this time.
What do you guys think? Am I close... or sound like a desperate guy who's willing to try anything at this moment.
I understand that you are in the North Texas area. I would like to compare notes when you have the time if possible. My friend is also and has been waiting on Name check since October of 2006. I pray this News Release holds up. In reading it though they are "target milestones" and not guaranteed completion dates but I would think it is one more thing to be able to add to a WOM. Have you filed your WOM yet and if so what is your status? If I remember correctly you have been waiting on name check for about the same amount of time. This is all so unfair.......ANd as I write this I hear the words my mom used to tell me as a kid...... "life's not fair"......why are mom's always right?
.....at the very least, we know we are not alone! Thank you for your information, Lazycis!
Could I know your fax number, so I could fax to you the ANSWER filed by my AUSA, they just filed ANSWER, is it the same thing MOTION TO DISMISS or not, i am not sure. So I don't know this opposition by paz1960 is right for my case or not?
Thanks for the help!
Could I know your fax number, so I could fax to you the ANSWER filed by my AUSA, they just filed ANSWER, is it the same thing MOTION TO DISMISS or not, i am not sure. So I don't know this opposition by paz1960 is right for my case or not?
Thanks for the help!
Answer is much better than MTD as you can file for summary judgment right away. It speeds up the process. The government does not deny any of your allegations so it will be easy for you.
meroncluster
Registered Users (C)
Here's my two cents: It seems like a joint decision between USCIS and FBI. That seems like a positive move. If they dont keep up their word both the agencies will be in trouble. Ofcourse may be USCIS could be lying and FBI never admitted to the time lines?
I guess I want to be in a positive mood. So I will delude myself into thinking that this time they will get it straight.
I guess I want to be in a positive mood.
So I will delude myself into thinking that this time they will get it straight.Experts,
When the USCIS / FBI say they plan to process all cases pending one year or more by November 2008. Does that mean that every case with NC pending for one year or more will be completed on or before 11/31/08?
Or, does it mean that they will start working on cases with NC pending for one year or more in November 08 and finish in Feb. 09.
Will this development actually hurt WoM cases for the short run?
Here’s what I think ... Judges might consider this new move as a positive step in the right direction and start dismissing cases under the excuse that "The USCIS is aware of the delay, and is working hard to get to your case by a specified date"
The argument of "Leaving aliens in a state of limbo, languishing there indefinitely" is no longer acceptable.
However, should the USCIS fail to deliver this time, tens of thousands of cases will be filed and the USCIS will be in a bigger mess that it is right now. This is why I feel that they really mean business this time.
What do you guys think? Am I close... or sound like a desperate guy who's willing to try anything at this moment.
lazycis and other gurus,
I finally filed my WOM case yesterday. And mailed out the summons today.
In the document I received from the court, one is called 'consent to proceed before a United states magistrate judge'. From previous posts, I don't see a problem with going before a magistrate judge. Should I just sign it and mail it to the court clerk? Do I need to send a copy to the US Attorney?
Thanks a lot!
I finally filed my WOM case yesterday. And mailed out the summons today.
In the document I received from the court, one is called 'consent to proceed before a United states magistrate judge'. From previous posts, I don't see a problem with going before a magistrate judge. Should I just sign it and mail it to the court clerk? Do I need to send a copy to the US Attorney?
Thanks a lot!
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I just got a call from white house regarding my letter to them on Nov, 07. I was frastrated by the name checking pending and wrote numerious letter to Laura Bush etc. I finally got GC on Feb base on the new memo.
On the phone, the lady said she needd Alien number and birth date. I told them that everything is all set. She said I still could get a letter from them regarding my case status. So I gave the information. My husband also told me that our calling ID showed FBI called without leaving message.
I don't know what is deal. It is still a background checking? I still don't know my name check cleared or not even I got green card. I am so tired of dealing with them so I did not bother to ask.
On the phone, the lady said she needd Alien number and birth date. I told them that everything is all set. She said I still could get a letter from them regarding my case status. So I gave the information. My husband also told me that our calling ID showed FBI called without leaving message.
I don't know what is deal. It is still a background checking? I still don't know my name check cleared or not even I got green card. I am so tired of dealing with them so I did not bother to ask.
Update on my case
I have received my approval notice in the mail. Also received status update email that the Card has been mailed. Now the hard work starts for me.
AUSA will file a status report with the circuit on April 25.
The circuit will probably remove the abeyance and put the case in active dockets.
AUSA will then file for mootness and I will respond.
Lazy-
I have got an idea and was wondering if it makes sense to you and other experienced folks on backdating forum. The idea is to take on the offensive and file a motion to remove abeyance and present my argument for mootness there and mention further relieves that the court can offer including nunc pro tunc even though backdating was not explicitly requested in my original complaint. If the government decides to file for mootness, I will have another chance to present further argument.
Does it sound good to you or should I wait for them to file mootness and then respond?
I have received my approval notice in the mail. Also received status update email that the Card has been mailed. Now the hard work starts for me.
AUSA will file a status report with the circuit on April 25.
The circuit will probably remove the abeyance and put the case in active dockets.
AUSA will then file for mootness and I will respond.
Lazy-
I have got an idea and was wondering if it makes sense to you and other experienced folks on backdating forum. The idea is to take on the offensive and file a motion to remove abeyance and present my argument for mootness there and mention further relieves that the court can offer including nunc pro tunc even though backdating was not explicitly requested in my original complaint. If the government decides to file for mootness, I will have another chance to present further argument.
Does it sound good to you or should I wait for them to file mootness and then respond?
Slow_CIS
Very happy for you, my friend! It was overdue and I know that you have mixed feelings about it, but it's good to finally get the card.
I think it's a good idea to file a motion to resume proceedings. There is no point in holding the case now. We have to build arguments that the district court does have jurisdiction to consider whether delay was unreasonable in the first place and that the district court is potentially able to grant further relief. The appelate court may not consider new arguments (not presented in the district court), but if it remands the case back, it will be huge as well.
Very happy for you, my friend! It was overdue and I know that you have mixed feelings about it, but it's good to finally get the card.
I think it's a good idea to file a motion to resume proceedings. There is no point in holding the case now. We have to build arguments that the district court does have jurisdiction to consider whether delay was unreasonable in the first place and that the district court is potentially able to grant further relief. The appelate court may not consider new arguments (not presented in the district court), but if it remands the case back, it will be huge as well.
Congrats!!
Yes.. when I saw my approval mail first up.. I want not thrilled.. but I did sleep well the next few nights. Fighting for further relief is all that much easier on the mind when you know that you have been granted GC.
(Atleast that will quell the fears in the minds of many people that USCIS has the resources, knowledge and will to punish applicants who litigate)
Yes.. when I saw my approval mail first up.. I want not thrilled.. but I did sleep well the next few nights. Fighting for further relief is all that much easier on the mind when you know that you have been granted GC.
(Atleast that will quell the fears in the minds of many people that USCIS has the resources, knowledge and will to punish applicants who litigate)
katrina0007
Registered Users (C)
Well im a physical therapist and i need to visit usa on J 1 , My J1 employer said he will not mention any thing on the the invitation about my non practise or next visit to usa , so he said ill have no probs in case i want to practise in the usa .. well i still have to do that J1 waiver stuff? i need to convert my J1 to H1b later in the year... will i have any probs?
My usa emplyer (H1b) said he can file for the cap exempt syuff only if i have a J1 waived
well i know that only a waiver is exempt of cap.. but as im goin to apply for the J1 i do not know whether mine will be the one waived or i still have to do the 2 yr req .. i case i do not get the waiver .. what do i do .. ?how do i get it waived?
plz help
My usa emplyer (H1b) said he can file for the cap exempt syuff only if i have a J1 waived
well i know that only a waiver is exempt of cap.. but as im goin to apply for the J1 i do not know whether mine will be the one waived or i still have to do the 2 yr req .. i case i do not get the waiver .. what do i do .. ?how do i get it waived?
plz help
I am not sure... I believe H1B can be filed before you apply for a waiver. There are different reasons to request a waiver and you can file separate waivers for every reason, AFAIK. If you do not get J1 waiver, you have to complete the 2 year requirement.
MSJ or Opposition to MTD
Hey, Lazycis and other members,
US attorney told me that she will file a motion to dismiss next week. I guess she will state that the FBI name check was cleared on Dec 2007. But there is no visa number available for EB2 since Dec 2007. So My case should be dismissed.
My question is: Do I have to file a Opposition to MTD first? Or can I file a Motion for summary judgement directly? Is there any difference in the format and content?
Hey, Lazycis and other members,
US attorney told me that she will file a motion to dismiss next week. I guess she will state that the FBI name check was cleared on Dec 2007. But there is no visa number available for EB2 since Dec 2007. So My case should be dismissed.
My question is: Do I have to file a Opposition to MTD first? Or can I file a Motion for summary judgement directly? Is there any difference in the format and content?