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

[wommei]

Yes, I did wear a suit. The AUSA didn't show up. I think someone from Homeland Security showed up (didn't wear suit) and explained that visa # was not available. I took your advice and said the "the visa # is not available in EB2 Chinese is factually incorrect. And even if it is correct, case shouldn't be dismissed due to unavailibility of the visa #. " I borrowed a lot of fancy legal words from Lazycis and read those in the court.
I guess I went on and on... When I start to cite authorities, the judge interupted me and said " I am not going to make a ruling today. But I will not dismiss your case either." And then the judge ordered the defendants to gather their facts within 4 weeks. And we have another status hearing 8 weeks later.

The person who represent the defendants today said that I should have served every defendants when I file first amended complaint. I don't know if that is true. I served only the AUSA and the new defendant. I will probably check on the relevant regulations.

good luck. do you need to wear a suit ?

 

[lazycis]

Yes, I did wear a suit. The AUSA didn't show up. I think someone from Homeland Security showed up (didn't wear suit) and explained that visa # was not available. I took your advice and said the "the visa # is not available in EB2 Chinese is factually incorrect. And even if it is correct, case shouldn't be dismissed due to unavailibility of the visa #. " I borrowed a lot of fancy legal words from Lazycis and read those in the court.
I guess I went on and on... When I start to cite authorities, the judge interupted me and said " I am not going to make a ruling today. But I will not dismiss your case either." And then the judge ordered the defendants to gather their facts within 4 weeks. And we have another status hearing 8 weeks later.

The person who represent the defendants today said that I should have served every defendants when I file first amended complaint. I don't know if that is true. I served only the AUSA and the new defendant. I will probably check on the relevant regulations.

I see that you did well. No earthquake was registered
Amended complaint is served upon defendants counsel and all new defendants, if any. You should've asked the guy whether he has authority to represent all defendants
You should not wait 4 weeks but to file opposition to MTD before the deadline and ask judge to order defendants to answer to your complaint.

 

[wommei]

Thanks, Lazycis!

It is comforting to know that I don't have to serve all the defendants again for the first amended complaint. The judge only gave the defendants 4 weeks deadline and didn't give me any deadline. But I filed the Opp. to MTD today with the court and will serve US attorney tomorrow.
Although I wanted to ask the judge if the defendants should file something after I file the Opp. to MTD. But I have a feeling that the judge want to move to the next case. So I want to be reasonably agressive, not obnoxiously agressive...
Hopefully I can do better at next status hearing. With the long speech I gave today, I guess the judge will be very careful in the future not to give me a chance to speak.

I see that you did well. No earthquake was registered
Amended complaint is served upon defendants counsel and all new defendants, if any. You should've asked the guy whether he has authority to represent all defendants
You should not wait 4 weeks but to file opposition to MTD before the deadline and ask judge to order defendants to answer to your complaint.

 

[jefkorn]

Nice going wommei! By the way, does the court record the proceedings in status hearings? Curious as to what happens when you get to court for a status hearing, step by step. In your spare time, may be you will be writing your memoir which goes something like this: "..and when I leaned forward to answer his question, the judge solemnly smiled .... in the end it was all worth it and in the process I learned the biggest lesson, NEVER be afraid to stand up for yourself ..."

It is comforting to know that I don't have to serve all the defendants again for the first amended complaint. The judge only gave the defendants 4 weeks deadline and didn't give me any deadline. But I filed the Opp. to MTD today with the court and will serve US attorney tomorrow.
Although I wanted to ask the judge if the defendants should file something after I file the Opp. to MTD. But I have a feeling that the judge want to move to the next case. So I want to be reasonably agressive, not obnoxiously agressive...
Hopefully I can do better at next status hearing. With the long speech I gave today, I guess the judge will be very careful in the future not to give me a chance to speak.

 

[justindian]

Time taken for a WOm

Hi Guys, Juts wanted to get an idea on:

1. Whats the average time to prepare for a WOM
2. How much time does it take to get a decision on average. I guess it will vary by case but just wanted to get an idea on average.

Thanks

EB2(India) PD; Jan 2003
Name check pending since 2005
DON'T THINK THEY ARE APPLYING FEB MEMO

 

[lazycis]

Hi Guys, Juts wanted to get an idea on:

1. Whats the average time to prepare for a WOM
2. How much time does it take to get a decision on average. I guess it will vary by case but just wanted to get an idea on average.

Thanks

EB2(India) PD; Jan 2003
Name check pending since 2005
DON'T THINK THEY ARE APPLYING FEB MEMO

1. If you use a template from wiki, one weekend is enough.
2. Depends on a district and a judge. What district are you in? I'd say between 4 and 6 months on average.

 

[wommei]

jefkorn

I think the court has court reporter who does this kind of job. But i was kind of nervious and didn't pay much attention about that. I definitely saw two judge's clerks sitting in front of or next to the judge. Both the defendants' attorney and I have to stand and answer questions.
Although it seems to be stressful to be in the middle of lawsuit, I think we should have some fun and enjoy it since life is so short!! And there is not much that I could lose in the process--maybe $350, which is nothing compare to the torture that USCIS has put me through...

Nice going wommei! By the way, does the court record the proceedings in status hearings? Curious as to what happens when you get to court for a status hearing, step by step. In your spare time, may be you will be writing your memoir which goes something like this: "..and when I leaned forward to answer his question, the judge solemnly smiled .... in the end it was all worth it and in the process I learned the biggest lesson, NEVER be afraid to stand up for yourself ..."

 

[amasamas]

PD july 2005

Does anyone know if there has been any change in the actual speediness of oath letters after waiting for more than 2.5 years after the Interview?
Just curious to know if the new posted timelines proposed by USCIS/FBI are starting to go into effect?!

July 05: Filed N-400
July 05: Priority Date
August 05: Fingerprinted
Oct 05: Interviewed (Pittsburgh DO, PA)
status: waiting on background check.

 

[wommei]

I just found these information on Pacer (the Judge's order). Does any one know what "Reply" and "Response" mean here?

Set deadlines as to motion to dismiss 26 . Response due by 4/24/2008. Reply due by 5/8/2008. Defendant Secretary of State answer to the complaint due 5/22/2008. Status hearing set for 6/19/2008 at 10:00 AM.

 

[jefkorn]

Time to update the WIKI page

Lazycis and other forums "elders"!
In the light of recent development regarding USCIS policy regarding FBI Name Check, post-memo court cases, AILF's updated arguments incorporating the 02/04/2008 memo, Mocanu ruling, FBI/USCIS joint plan to eliminate FBI NC delays etc. There have been lot of useful material posted in the forum but it would be nice to have it updated at the WIKI page http://en.wikibooks.org/wiki/FBI_name_check

I posted some backgrounder type of information on WOM in the forum which may be useful for people who want to read the theory and legal practice behind it.

What do you think?

 

[lazycis]

I just found these information on Pacer (the Judge's order). Does any one know what "Reply" and "Response" mean here?

Set deadlines as to motion to dismiss 26 . Response due by 4/24/2008. Reply due by 5/8/2008. Defendant Secretary of State answer to the complaint due 5/22/2008. Status hearing set for 6/19/2008 at 10:00 AM.

Response is your opposition, reply is defendants reply to your opposition.

 

[lazycis]

Lazycis and other forums "elders"!
In the light of recent development regarding USCIS policy regarding FBI Name Check, post-memo court cases, AILF's updated arguments incorporating the 02/04/2008 memo, Mocanu ruling, FBI/USCIS joint plan to eliminate FBI NC delays etc. There have been lot of useful material posted in the forum but it would be nice to have it updated at the WIKI page http://en.wikibooks.org/wiki/FBI_name_check

I posted some backgrounder type of information on WOM in the forum which may be useful for people who want to read the theory and legal practice behind it.

What do you think?

Good idea. I did not have time to update wiki page since Aslam ruling.

 

[wommei]

Thanks, Lazycis!

It is very helpful information. It is good that I filed the Opp. on April 24th. Otherwise I just broke the Honorable Judge's order. It is good that the judge want to move the case forward fast. The only thing that USCIS good at is to DELAY, and everyone including the federal judges know that very well.

Response is your opposition, reply is defendants reply to your opposition.

 

[justindian]

Time for a WOm

1. If you use a template from wiki, one weekend is enough.
2. Depends on a district and a judge. What district are you in? I'd say between 4 and 6 months on average.

Not sure, I am in alameda county in SF bay area, CA.
What district is that ? Has anyone done a WOM in this district ?

Thanks

 

[lazycis]

Not sure, I am in alameda county in SF bay area, CA.
What district is that ? Has anyone done a WOM in this district ?

Thanks

This is the best area for Wom - Northern California District. In fact, all 11 judges ruled in our favor. Expect a positive outcome, more likely your case will be resolved (I-485 approved) within 3 months.

You can locate your court using this link:
http://www.uscourts.gov/courtlinks/

Here is one of many favorable decisions in your district:
http://bibdaily.com/pdfs/Dong 9-6-07.pdf

Follow the steps posted here
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

and save aggravation and money (no more EAD/AP renewals).

 

[wommei]

Lazycis is absolutely right about that. I would move to SF and file WOM there if I could find a job in that area. The truth is: SF is the paradise for WOMers!

Not sure, I am in alameda county in SF bay area, CA.
What district is that ? Has anyone done a WOM in this district ?

Thanks

 

[wom_ri]

Did you take infopass yet. What is USCIS telling about your case ?
Best approach for you is to apply for WOM and TRO together. I posted a template at
http://boards.immigrationportal.com/showthread.php?p=1884196&highlight=tro#post1884196
Be aware that EB visa numbers will soon be unavailable my friend.

Look at the following warning in May visa bulletin:
Many of the Employment cut-off dates have continued to advance more rapidly than might ordinarily be expected. This is a result of consultations with U.S. Citizenship and Immigration Services (USCIS) regarding their pending demand, which is currently using approximately 90% of all Employment numbers. USCIS has indicated that they would prefer to review a substantial number of cases at this time to ensure that number use in the various categories can be maximized. Should USCIS projections of the resulting number use prove to be incorrect it may be necessary to adjust the cut-off dates during the final quarter of FY-2008.

Hi Guys, Juts wanted to get an idea on:

1. Whats the average time to prepare for a WOM
2. How much time does it take to get a decision on average. I guess it will vary by case but just wanted to get an idea on average.

Thanks

EB2(India) PD; Jan 2003
Name check pending since 2005
DON'T THINK THEY ARE APPLYING FEB MEMO

 

[Derek]

Lazycis and others, what should I do now?

AUSA filed Motion to Dismiss Plaintiff's Lawsuit As Moot. They attached Approved Application as Exhibit. But I haven't received my oath letter yet, what should I do now?

Basic information:
N-400 Filing on 03/23/2006
Fingerprint taken on 04/27/2006
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
Judge Order that Proposed discovery plan and scheduling order shall be filed by April 25, 2008
Filed MSJ on 04/09/2008
AUSA asked 2 weeks extension to respond MSJ
Fingerprint re-taken on 04/21/2008
Application was adjudicated and approved on 04/23/2008
Waiting for the oath letter...

Civil No. 08-0003-CV-W-FJG
THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

 

[yellowmango]

Delay in serving the AUSA

I filed my 8 USC 1447(B) lawsuit on 3/3/08, in forma pauperis, which the magistrate judge approved and ordered the US Marshall to serve the defendants. The defendants got served on 4/4/08, however the AUSA has still not been served by the US Marshal and I am not able to get any further information from the court clerk about how long that will take.

What are my options at this point? Should I serve the AUSA myself, or should I wait until the US Marshal gets around to serving the AUSA? Also, when does the deadline for the defendants to respond start counting from? Is it 60 days from when the defendants are served, or is it 60 days from the date that the AUSA is served?

What is the last day to serve the AUSA from the date the case was filed?

 

[lazycis]

I filed my 8 USC 1447(B) lawsuit on 3/3/08, in forma pauperis, which the magistrate judge approved and ordered the US Marshall to serve the defendants. The defendants got served on 4/4/08, however the AUSA has still not been served by the US Marshal and I am not able to get any further information from the court clerk about how long that will take.

What are my options at this point? Should I serve the AUSA myself, or should I wait until the US Marshal gets around to serving the AUSA? Also, when does the deadline for the defendants to respond start counting from? Is it 60 days from when the defendants are served, or is it 60 days from the date that the AUSA is served?

What is the last day to serve the AUSA from the date the case was filed?

Serve AUSA via certified mail+return receipt. It's important as 60 day count for a response starts from the date of service upon AUSA, not upon the defendants. You have 120 days to serve the complaint after it is filed.