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

jefkorn said:
Great, thanks again lazycis! You don't remember these things by heart, do you? :) I'm not splitting hairs but trying to put my anxiousness to rest. So bear with me. If nothing else , at least we will be better informed.

I understand that association if legal may not be held against an alien. But if the alien didn't disclose (because of mistake) any association which if reported would not have affected his/her eligibility, will the fact that this association was not disclosed albeit by honest mistake be an issue?
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Because it would not change the outcome of the USCIS decision, you should not worry.
BTW, I found the response from my lawyer in my archive (from Feb 2004). She wrote: "I would not include church memberships, I think they are asking more along the lines of political and professional memberships."

All I need to remember is a reference to the information. The rest is easy.
 
Now we are getting somewhere :) About professional membership, I was a IEEE student member at my university and member of of Engineering Council in my country of birth but have not indicated that on I-485. I'm assuming that should be fine? I have entered NONE in that section on I-485 form as I said earlier. The section asks the applicant to list "political and professional associations" since age 16.
lazycis said:
Because it would not change the outcome of the USCIS decision, you should not worry.
BTW, I found the response from my lawyer in my archive (from Feb 2004). She wrote: "I would not include church memberships, I think they are asking more along the lines of political and professional memberships."

All I need to remember is a reference to the information. The rest is easy.
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I see... You should be fine... I was approved despite army service in a hostile to America state (I listed it on my I-485). You can also write to the USCIS and ask them to update your I-485, I do not see any harm in doing that. May boost your chances to be of a good moral character :)
 
I just realized that I didn't list a traffic citation(speeding ticket) from many years ago on my N-400 application. Now I am in the middle of a WOM lawsuit. The citation has been cleared after paying fine and attending traffic school. Should I amend my N-400 or just bring all the related paperwork during the interview? Will the omission have an adverse impact to my WOM lawsuit?
 
WOM - No Interview

I'm exploring the possibility of filing a WOM if I don't receive an IL by September 4, when my application will turn 12 months old. As you can see from my timeline, my background checks have been completed. I've already attended 2 InfoPass appointments, and was told at each one to wait 1-2 months to receive an IL. Meanwhile, NYC is actively processing 2008 applicants. I have a feeling that I won't see an IL for a long, long time, unless I obtain judicial remedy through WOM.

I've been a casual reader of this thread and have already begun gathering supporting evidence (letters to politicians, service inquiry responses, copies of InfoPass appointment letters, etc.). My question is this: is it feasible to file WOM despite the fact that my name check has been cleared?
 
Offcourse; because in this situation you have to fight ONLY with one Defandant; USCIS. FBI wouldn't be a defendant in your WOM but make sure you have all the background efforts to show that WOM is your last resort. GoodLuck!

Vorpal said:
I'm exploring the possibility of filing a WOM if I don't receive an IL by September 4, when my application will turn 12 months old. As you can see from my timeline, my background checks have been completed. I've already attended 2 InfoPass appointments, and was told at each one to wait 1-2 months to receive an IL. Meanwhile, NYC is actively processing 2008 applicants. I have a feeling that I won't see an IL for a long, long time, unless I obtain judicial remedy through WOM.

I've been a casual reader of this thread and have already begun gathering supporting evidence (letters to politicians, service inquiry responses, copies of InfoPass appointment letters, etc.). My question is this: is it feasible to file WOM despite the fact that my name check has been cleared?
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The questioner in the following thread had forgotten to list his affiliations and Ron, an Immigration Lawyer and a very good one at that, thinks that he could change his answers all the way up to the interview.
http://immigration-information.com/forums/showthread.php?t=5197
meteor8 said:
I just realized that I didn't list a traffic citation(speeding ticket) from many years ago on my N-400 application. Now I am in the middle of a WOM lawsuit. The citation has been cleared after paying fine and attending traffic school. Should I amend my N-400 or just bring all the related paperwork during the interview? Will the omission have an adverse impact to my WOM lawsuit?
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OK-Boy said:
Offcourse; because in this situation you have to fight ONLY with one Defandant; USCIS. FBI wouldn't be a defendant in your WOM but make sure you have all the background efforts to show that WOM is your last resort. GoodLuck!
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Thanks for the reply! That's exactly what I was thinking. If anything, it would be easier to deal with 1 defendant. Besides contacting politicians and making InfoPass appointments, should I contact anyone else and/or obtain any other evidence to prove that this is my last resort?
 
Lazycis:

I got some good news to report to you and others who helped me with my lawsuit. Today I got the Form N-445, Notice of Naturalization Oath Ceremony. After 2 yrs and 7month in waiting, I finally will get what I was entitled to in the first place.

Anyway, I don't think that this notice is triggered by my lawsuit because USCIS just got
my summons and complaint today. It's a such coincidence that USCIS sent me the N-445 Form on the same day that they received my lawsuit. But, I don't think that they have time to even open up the envelope of my lawsuit.

Now, the question is what to do with my lawsuit? I just submitted my summons to the defendants and is waiting for the return receipt to file the proof of service. My ceremony is scheduled on June 20.

Also, since my interview I got a traffic ticket from the video camera, so I have to get the report from MVA. Any other advises?

Thank you for your help.
 
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Congrats on the letter! Coincidence or not, it doesn't matter. Enjoy being a citizen! As for lawsuit, file a notice of voluntary dismissal.
 
Hi Lazycis:

I think I should wait after I am done with the oath ceremony.

I appreciated very much of your help. And also others who answered many questions from me.

lazycis said:
Congrats on the letter! Coincidence or not, it doesn't matter. Enjoy being a citizen! As for lawsuit, file a notice of voluntary dismissal.
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sweetapple said:
Hi Lazycis:

I think I should wait after I am done with the oath ceremony.

I appreciated very much of your help. And also others who answered many questions from me.
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Technically, you do not need to do anything. Eventually AUSA will file a motion to dismiss as moot.
 
sweetapple, congrats!

Hey, sweetapple,

That is great that you will have your oath ceremony soon! I am really happy for you!:)

sweetapple said:
Hi Lazycis:

I think I should wait after I am done with the oath ceremony.

I appreciated very much of your help. And also others who answered many questions from me.
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a question about MSJ

Hey, lazycis,

I emailed my AUSA, trying to find if she has plans to file more motions. And her reply is as follows:
"I would like the Judge to set a briefing schedule. And I think that should come after he rules on the Motion to Dismiss, as it essentially raises the same arguments. I think a MSJ is premature at this time."

Do you think the judge will rule on MTD first before he grants the MSJ? Or maybe he will grant MSJ in favor of the plaintiffs if he wants to? Thanks a lot.
 
The judge can issue one ruling for all motions.
Accelerated decision is authorized "upon proper showing of the lack of a genuine, triable issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 327 (1986). The issue that defeats summary judgment must be one that requires further proceedings to find facts; "[a]n issue of law is no barrier to a summary judgment." Agustin v. Quern, 611 F.2d 206, 209 (7th Cir. 1979).
 
thanks, lazy!

Hey, lazycis,

Thanks for sharing this information and it is very helpful.:)
lazycis said:
The judge can issue one ruling for all motions.
Accelerated decision is authorized "upon proper showing of the lack of a genuine, triable issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 327 (1986). The issue that defeats summary judgment must be one that requires further proceedings to find facts; "[a]n issue of law is no barrier to a summary judgment." Agustin v. Quern, 611 F.2d 206, 209 (7th Cir. 1979).
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Lazycis:

I haven't filed the proof of service with the court yet., since there is no need to do this if I get the citizenship. The lawsuit is dismissed automatically if there is no proof of service filed within 120days of the judge's order to serve the summon. Maybe I just wait until AUSA files a motion to dismiss as moot.

lazycis said:
Technically, you do not need to do anything. Eventually AUSA will file a motion to dismiss as moot.
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Hi Wommei:

Thanks for your kind wishes. Continue your fight and I believe that you'll get your greencard soon. I am not knowleagable enough to help you with your lawsuit, but I hope that I can provide some emotional support to you and others who are still fighting for their rights.


wommei said:
Hey, sweetapple,

That is great that you will have your oath ceremony soon! I am really happy for you!:)
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