I believe it's David Roark as per:
http://www.uscis.gov/portal/site/us...nnel=52a46c854523d010VgnVCM10000048f3d6a1RCRD
http://www.uscis.gov/portal/site/us...nnel=52a46c854523d010VgnVCM10000048f3d6a1RCRD
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
pang2008,
There's no such thing as a stupid question except the one that you don't ask. This is community of really good hearted volunteers and kudos to all members who are keeping this forum alive. Everyone shares their experiences and findings in their journey through the legal system and in the process, I hope everybody is a winner.
There's no such thing as a stupid question except the one that you don't ask. This is community of really good hearted volunteers and kudos to all members who are keeping this forum alive. Everyone shares their experiences and findings in their journey through the legal system and in the process, I hope everybody is a winner.
Please see attached file for the Complaint format. It's NOT a complete and final Complaint though but should help you on the format issue.
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Thank you guys for such quick response, more Qs (sorry)
Thank you Lazycis, Ok-boy and Jefkorn, for your encouragements and heart-felt words.
God, how I wish my husband could give me a hand in this process like palang!
I am not so sure about how to address the priority date issue when describing the principal’s case and approval in “STATEMENT OF FACTS’ section.
I know this is sticky, board members view I-140 file date as PD (which kept me up all night scared to death, he/we have been stuck in backlog elimination center for more than three years, if consider I-140 file date as PD, I would never see an end till I die) yet on his I-485 receipts and approval notice, it’s is labor certification’s file date. For the sake of my question, let me use labor date as PD.
He has three approved I-140 filings,
a. EB2 I-140 with PD March 2006 (when we gave up in BEC, tried perm)
b. Eb3 I-140 with PD Jan 2003
c. EB2 I-140 with PD Jan 2003 (his company lawyer did it, which carry over his old PD from Eb3), it is based on this I-140, we file I-485.
I would write something like the following in the “STATEMENT OF FACTS’ section,
9. Plaintiff pang2008’s husband brick (Axx xxx xxx) filed and applied through his employer for I-485, Application to Adjust to Permanent Resident Status, along with his wife, Plaintiff pang2008, as the derivative beneficiary with USCIS Texas Service Center on or around September, 2006. The application’s priority date was January, 2003. A Receipt Notice for I-485 was sent by USCIS on October, 2006 with the received date September XX, 2006 (EXHIBIT 1). Her assigned A number is Axx xxx xxx.
10. do I have to go into the details telling the court that he has three I-140 filings, and how to clearly establish his PD with the correct category, and not giving the defendants a chance to file MTD based on this item should the visa bulletin retrogressed again? What technical term to use to describe the PD carry over thing?
Thank you for any inputs!!
Thank you Lazycis, Ok-boy and Jefkorn, for your encouragements and heart-felt words.
God, how I wish my husband could give me a hand in this process like palang!
I am not so sure about how to address the priority date issue when describing the principal’s case and approval in “STATEMENT OF FACTS’ section.
I know this is sticky, board members view I-140 file date as PD (which kept me up all night scared to death, he/we have been stuck in backlog elimination center for more than three years, if consider I-140 file date as PD, I would never see an end till I die) yet on his I-485 receipts and approval notice, it’s is labor certification’s file date. For the sake of my question, let me use labor date as PD.
He has three approved I-140 filings,
a. EB2 I-140 with PD March 2006 (when we gave up in BEC, tried perm)
b. Eb3 I-140 with PD Jan 2003
c. EB2 I-140 with PD Jan 2003 (his company lawyer did it, which carry over his old PD from Eb3), it is based on this I-140, we file I-485.
I would write something like the following in the “STATEMENT OF FACTS’ section,
9. Plaintiff pang2008’s husband brick (Axx xxx xxx) filed and applied through his employer for I-485, Application to Adjust to Permanent Resident Status, along with his wife, Plaintiff pang2008, as the derivative beneficiary with USCIS Texas Service Center on or around September, 2006. The application’s priority date was January, 2003. A Receipt Notice for I-485 was sent by USCIS on October, 2006 with the received date September XX, 2006 (EXHIBIT 1). Her assigned A number is Axx xxx xxx.
10. do I have to go into the details telling the court that he has three I-140 filings, and how to clearly establish his PD with the correct category, and not giving the defendants a chance to file MTD based on this item should the visa bulletin retrogressed again? What technical term to use to describe the PD carry over thing?
Thank you for any inputs!!
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porting priority date
See this case:
http://www.ilw.com/immigdaily/cases/2001,1008-Longwood.pdf
According to 8 C.F.R. § 204.5(e), in the event an alien is the beneficiary of multiple I-140 petitions, the alien shall be entitled to the earliest priority date unless the petition has been revoked or denied.
I do not think it is necessary to go into details about three I-140 though. It's enough to state that I-140 is approved and PD is current.
See this case:
http://www.ilw.com/immigdaily/cases/2001,1008-Longwood.pdf
According to 8 C.F.R. § 204.5(e), in the event an alien is the beneficiary of multiple I-140 petitions, the alien shall be entitled to the earliest priority date unless the petition has been revoked or denied.
I do not think it is necessary to go into details about three I-140 though. It's enough to state that I-140 is approved and PD is current.
Wommei,
Thanks a lot for the useful information!
Seems it was happened after the court hearing.
Thanks a lot for the useful information!
Seems it was happened after the court hearing.
Lazycis,
Thank you! Could you please instruct how I could use the fact that USCIS has no jurisdiction as a ground to fight back? What kind of motion (name of it?) should I file now? Do you happen to know any examples?
What if the judge remand it back to USCIS?
How do I explain why I provided 2 mismatching addresses? USCIS already rejected my explaination of poor memory and careless, which are the only true reasons I have.
Thanks a lot!
Thank you! Could you please instruct how I could use the fact that USCIS has no jurisdiction as a ground to fight back? What kind of motion (name of it?) should I file now? Do you happen to know any examples?
What if the judge remand it back to USCIS?
How do I explain why I provided 2 mismatching addresses? USCIS already rejected my explaination of poor memory and careless, which are the only true reasons I have.
Thanks a lot!
yourfirstname
Registered Users (C)
jefkorn,
Thank you very much for your detailed review of the complaint.
I've added following in the Grounds for relief, does it look ok?
53. Under 8 C.F.R. §337.3(a), court can grant Plaintiff an expedited oath administration ceremony after Plaintiff’s N-400 application is adjudicated by defendants.
and following in prayer for relief:
e. Compel Defendants (After Plaintiff’s application is adjudicated and approved by defendants in previous action) to expedite oath administration ceremony under 8 C.F.R. §337.3(a);
regarding your #44, how do you want me to word it? Do you think I need to add more cases in the complaint?
Thanks
You may not be able to ask for an expedited Oath ceremony without providing some compelling reasons as required by 8 C.F.R. 337.3(a). May be other members have some insight into asking for expedited oath ceremony. Please chime in.
Same as above, if you can provide the reasons for expedited oath, you should be able to ask for it in the prayer.
I used following in my AOS complaint:
"The inability to vote further compounds Plaintiff’s irreparable injuries by disenfranchising him from participation in the U.S. political process for an unknown period of time."
a question about getting the real "green card"
Hey, lazy and others,
I checked on my first amended complaint and it asked the court to compell the defendant USCIS to adjudicate my I485 applications. Does that mean I will have to dismiss the case when I got I485 approval notice? Or do I have legal basis to ask AUSA to wait until I got the real "green card"? How long do we usually have to wait to get the card after I485 is approved? Thanks a lot.
Hey, lazy and others,
I checked on my first amended complaint and it asked the court to compell the defendant USCIS to adjudicate my I485 applications. Does that mean I will have to dismiss the case when I got I485 approval notice? Or do I have legal basis to ask AUSA to wait until I got the real "green card"? How long do we usually have to wait to get the card after I485 is approved? Thanks a lot.
You know I was thinking of that. There have been instances where after the AOS approval, people have been waiting for real plastic card anywhere from two weeks to more than a month. You will be a permanent resident from the date of approval. Card is a proof of that nothing more.
Although in "normal" circumstances the plastic card should arrive within a week or two at the most. I don't have personal experience on this, of course if I did then I wouldn't have filed WOM.
Although in "normal" circumstances the plastic card should arrive within a week or two at the most. I don't have personal experience on this, of course if I did then I wouldn't have filed WOM.
I've got the card 10 days after i-485 approval. jefkorn is right, the permanent residency will be recorded as of I-485 approval date. However one member waited several years (!!!) for an actual card and got it only after going to court. Not trying to scare you, but it did happen. So I would not dismiss a lawsuit until you get a card.
Should the future AOS Complaints include receiving a card as part of the prayer? It would be an insurance against potential delay in card issuance.
Reposting it, what do you think?
wommei went through 4 extensions but to no avail and it only delayed the suit. I'm thinking of preparing a draft opposition to extension in anticipation of at least one extension request from AUSA. I may or may not agree to the first extension. What do you say?
Let say if I agree to first 30 day extension, I should vehemently opose the second, we've all seen these delaying tactics or even if they are because the client agency (CIS/DOS/DHS) is not providing guidance to AUSA in a timely manner, the plaintiff shouldn't suffer and continue to wait.
wommei went through 4 extensions but to no avail and it only delayed the suit. I'm thinking of preparing a draft opposition to extension in anticipation of at least one extension request from AUSA. I may or may not agree to the first extension. What do you say?
Let say if I agree to first 30 day extension, I should vehemently opose the second, we've all seen these delaying tactics or even if they are because the client agency (CIS/DOS/DHS) is not providing guidance to AUSA in a timely manner, the plaintiff shouldn't suffer and continue to wait.
Can you please share your insight about the issue of initial contact with AUSA?
From Lawsuit Steps:
"14. 2 weeks before the expiration of the deadline, call the US Attorney, introduce yourself, and ask about your case."
Is this necessary and how has this played out in your cases?
Does AUSA feign "ignorance" about the case and say "oh! you know I just got to your case, was bz so why don't you give me 30 day extension and I can see waht I can do blah blah". I simply don't want to fall prey to old tricks.
From Lawsuit Steps:
"14. 2 weeks before the expiration of the deadline, call the US Attorney, introduce yourself, and ask about your case."
Is this necessary and how has this played out in your cases?
Does AUSA feign "ignorance" about the case and say "oh! you know I just got to your case, was bz so why don't you give me 30 day extension and I can see waht I can do blah blah". I simply don't want to fall prey to old tricks.
Hey, jefkorn,
I think you should contact AUSA as early as possible if you know who is in charge of your case. I know this is hard, but try to maintain a good relationship with him/her if the AUSA is being reasonable. The AUSA can push the USCIS to do their job expeditiously if he is willing to help you. Address the injuries that the USCIS inflicted on you by unreasonably delaying your case.
I think you should contact AUSA as early as possible if you know who is in charge of your case. I know this is hard, but try to maintain a good relationship with him/her if the AUSA is being reasonable. The AUSA can push the USCIS to do their job expeditiously if he is willing to help you. Address the injuries that the USCIS inflicted on you by unreasonably delaying your case.
Thanks wommei. How early? AUSA was assigned a day after I filed my WOM. It's been 9 business days since. How do you break the ice with AUSA?
"Hi AUSA, This is jefkorn and what's going on with my case #"
AUSA is still well within 60 day period. Believe me I am anxious to get CIS move on my AOS.
"Hi AUSA, This is jefkorn and what's going on with my case #"
AUSA is still well within 60 day period. Believe me I am anxious to get CIS move on my AOS.
Jefkorn,
I would wait 3 weeks away from the deadline and call the AUSA. You could tell her that you understand that the AUSA has multiple cases to handle and don't want to increase her workload. However, it has been real difficult for you and your family because the USCIS doesn't do their job properly. You can tell her that you could dismiss this case if the AUSA can push the USCIS to adjudicate your cases timely.
If the AUSA ask for extension, I would give 30 day extension. After that, I won't agree with any extension if your applications aren't adjudicated. If you are very anxious, then negoniate the time to 2 weeks and oppose it after the first extension.
I would say you should be polite and firm on your standing to AUSA.
I would wait 3 weeks away from the deadline and call the AUSA. You could tell her that you understand that the AUSA has multiple cases to handle and don't want to increase her workload. However, it has been real difficult for you and your family because the USCIS doesn't do their job properly. You can tell her that you could dismiss this case if the AUSA can push the USCIS to adjudicate your cases timely.
If the AUSA ask for extension, I would give 30 day extension. After that, I won't agree with any extension if your applications aren't adjudicated. If you are very anxious, then negoniate the time to 2 weeks and oppose it after the first extension.
I would say you should be polite and firm on your standing to AUSA.
Thanks wommei. How early? AUSA was assigned a day after I filed my WOM. It's been 9 business days since. How do you break the ice with AUSA?
"Hi AUSA, This is jefkorn and what's going on with my case #"
AUSA is still well within 60 day period. Believe me I am anxious to get CIS move on my AOS.
Thanks, lazycis!
Hey, lazy,
That is very good point and I will remember that. I am definitely not up to the second lawsuit and feel emotionally drained for the first one.
Hey, lazy,
That is very good point and I will remember that. I am definitely not up to the second lawsuit and feel emotionally drained for the first one.