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

Did you send a letter to director of service center or Ombudsman? That may have triggered the call. I personally don't think it will do much to adjudicate your case but I do hope it does.

See following links for what this number is about:

http://www.trackitt.com/discussion-forums/i485-1/165991831/
http://www.trackitt.com/discussion-forums/i485-1/167400477/
http://www.trackitt.com/discussion-forums/i485-1/173553581/last-page/
http://www.trackitt.com/discussion-forums/i485-1/175117783/

If you PD was current at the time of filing and you have DOS in your defendants list, you may have a chance to fight it out.
pang2008 said:
Dear all,

Finally i went to the court and filed WOM this monday, and mailed everything out via certified mail tuesday. the bad news though, rumor has it that visa number is already used up for this fiscal year if you are not EB2 Rest of the World. I don't know what's in store for me.

one interesting thing is that, yesterday i missed two calls from CIS in Washington DC when visiting my child's ped. A female officer even left me a voicemail and asked me to call her back in regards to my immigration worksheet? what is that anyway? I am feeling so lucky to be contacted by USCIS after so many years, without any further delay I called back ... and guess what?

During the past 24 hours, I have tried all the numbers 202-272-18XX, 202-272-17XX, and I have yet to be able to reach that officer again. Of course, the number she left in voicemail doesn't work; the other persons within USCIS was not allowed to transfer; nobody could locate that person because she doesn't leave her last name, even though I could pronounce her first name clearly. the funniest answer is that, one person told me, starting right at yesterday, they've taken off the hotline trying to fix some technical problems, they will set up a new hotline for customer support within the next 60 days. I asked, how may i know the new number then? the reply was, you could try number permutation again.

LOL!! I have serious doubts why do I want to become the permanent resident of this country, am I out of my mind?

Thank you all for your time reading.
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I just got off the phone with a congressmen office representative. He told me that he the FBI told him my name check is finally cleared. (Which is probably why I get a 2nd fingerprint notice). I don't think it was because of the WOM because my fingerprint notice was generated before I file. Anyway, at least my case is moving forward but I am not done until Oth.
 
This is good news. On less hurdle in getting you to final oath.Good luck to you.
eg0788 said:
I just got off the phone with a congressmen office representative. He told me that he the FBI told him my name check is finally cleared. (Which is probably why I get a 2nd fingerprint notice). I don't think it was because of the WOM because my fingerprint notice was generated before I file. Anyway, at least my case is moving forward but I am not done until Oth.
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Update on my wife's AOS

I replied to RFE on my wife's AOS and response was acknowledged by USCIS on 08/26 by changing the online status. Sent an email to AUSA on 08/27 to update her on statuses of both of I-485s and also asking her what would be the best way to move forward. Mentioned my desire to get my wife's AOS adjudicated. I haven't heard anything back from AUSA yet. I may call her on 09/02. Her 60 days deadline is up on 09/08.

What's your experience been when communicating with AUSAs?

Do they respond on promptly? Should I try calling her office and follow up?

I think USCIS is moving on my wife's AOS and without AUSA's push, they will still do it but may not do it as promptly as they would under AUSA's request.

PS: I didn't ask for my adjudication for my wife's AOS or named her as plaintiff in my original complaint.
 
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Follow-up email to AUSA, what do you think?

I sent another follow-up email to AUSA on 09/02 but haven't heard anything yet. I may call her office tomorrow to see what's cooking. It's making me antsy as AUSA's deadline (09/08) approaches. She could very well ask me to dismiss the case as primary's (mine) AOS is approved as that's what I asked in my prayer. I assumed(!!) that USCIS will adjudicate wife's AOS with that. The RFE and FP appointment indicated that they are working on the case but again there's no telling when they will adjudicate it. USCIS received the response to RFE on wife's AOS and case processing resumed on 08/26.

I may ask AUSA to file a mutual extension for another 30 days to have wife's AOS adjudicated. Do I stand a chance for making AUSA sign an extension for time to answer to Complaint?

What do you think, folks?

Keeping my fingers crossed.

jefkorn said:
I replied to RFE on my wife's AOS and response was acknowledged by USCIS on 08/26 by changing the online status. Sent an email to AUSA on 08/27 to update her on statuses of both of I-485s and also asking her what would be the best way to move forward. Mentioned my desire to get my wife's AOS adjudicated. I haven't heard anything back from AUSA yet. I may call her on 09/02. Her 60 days deadline is up on 09/08.

What's your experience been when communicating with AUSAs?

Do they respond on promptly? Should I try calling her office and follow up?

I think USCIS is moving on my wife's AOS and without AUSA's push, they will still do it but may not do it as promptly as they would under AUSA's request.

PS: I didn't ask for my adjudication for my wife's AOS or named her as plaintiff in my original complaint.
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jefkorn,

Was your wife plantiff in the case?

If she was not party on the case then AUSA will, most certainly, ask to dismiss the case. You may want to file a motion with court to amend the complaint to add your wife in the complaint.

Thanks


jefkorn said:
I sent another follow-up email to AUSA on 09/02 but haven't heard anything yet. I may call her office tomorrow to see what's cooking. It's making me antsy as AUSA's deadline (09/08) approaches. She could very well ask me to dismiss the case as primary's (mine) AOS is approved as that's what I asked in my prayer. I assumed(!!) that USCIS will adjudicate wife's AOS with that. The RFE and FP appointment indicated that they are working on the case but again there's no telling when they will adjudicate it. USCIS received the response to RFE on wife's AOS and case processing resumed on 08/26.

I may ask AUSA to file a mutual extension for another 30 days to have wife's AOS adjudicated. Do I stand a chance for making AUSA sign an extension for time to answer to Complaint?

What do you think, folks?

Keeping my fingers crossed.
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mka said:
jefkorn,

Was your wife plantiff in the case?

If she was not party on the case then AUSA will, most certainly, ask to dismiss the case. You may want to file a motion with court to amend the complaint to add your wife in the complaint.

Thanks
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No motion is necessary to amend if it's the first amendment and no answer was filed. It's definitely easier to amend it now for jefkorn. That what I would probably do: tell AUSA that I am going to amend a complaint and ask to file a stipulation to extend time to answer amended complaint for 30 days after amended complaint is filed.
 
Thanks mka and lazycis for your responses!

I left a voice mail on AUSA's phone letting her know that I tried to reach her via email and haven't heard back from her. Let see if I hear back from her.
With 60 day deadline on 09/08, is it going to infuriate AUSA if I amend the complaint at this time?

Do I have to give a reason anywhere or just file the First Amended complaint? I hope that AUSA does call me back so I can discuss these things with her. If she prefers the complaint to be amended for her to get wife's AOS adjudicated, then that's what I will do.

If I don't hear from her, I will just go ahead and file the amended Complaint anyway?

What are your thought?
 
She wasn't a named plaintiff.
mka said:
jefkorn,

Was your wife plantiff in the case?

If she was not party on the case then AUSA will, most certainly, ask to dismiss the case. You may want to file a motion with court to amend the complaint to add your wife in the complaint.

Thanks
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Urgent: Filing First amended Complaint, I need to draft it tonight!!!

lazycis and others,
1. So I need to change the title, add new plaintiff, get it signed by the new plaintiff, serve AUSA the complaint + exhibits, file the certificate of service with the court. Right?

2. In the The Parties section, my original complaint says that my AOS is pending as of the Complaint. Do I need to change it to say that my AOS has been approved?

3. Do I need to serve a copy of the amended complaint+exhibits to named defendants in addition to AUSA?

4. Do I need to mention about my wife's recent FP and RFE in the amended Complaint and attach the appointment letter? I just don't want to redo the complaint, looking for easy way out by just adding my spouse as plaintiff.

5. I have a feeling that AUSA just wants wife as the named plaintiff so she can work with CIS. The other details don't really matter at this point.?
 
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AUSA's response

AUSA returned my call and and agreed that I could go ahead and file an amended complaint adding my spouse as a plaintiff.I am going to file it tomorrow( hopefully!).
 
jefkorn said:
AUSA returned my call and and agreed that I could go ahead and file an amended complaint adding my spouse as a plaintiff.I am going to file it tomorrow( hopefully!).
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Excellent. You are on the right track. I would update the complaint with the latest developments though.
 
Thanks lazycis! Please see my questions above regarding amending complaint. I am little confused regarding that. I need help!!!
lazycis said:
Excellent. You are on the right track. I would update the complaint with the latest developments though.
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jefkorn said:
lazycis and others,
1. So I need to change the title, add new plaintiff, get it signed by the new plaintiff, serve AUSA the complaint + exhibits, file the certificate of service with the court. Right?

2. In the The Parties section, my original complaint says that my AOS is pending as of the Complaint. Do I need to change it to say that my AOS has been approved?

3. Do I need to serve a copy of the amended complaint+exhibits to named defendants in addition to AUSA?

4. Do I need to mention about my wife's recent FP and RFE in the amended Complaint and attach the appointment letter? I just don't want to redo the complaint, looking for easy way out by just adding my spouse as plaintiff.

5. I have a feeling that AUSA just wants wife as the named plaintiff so she can work with CIS. The other details don't really matter at this point.?
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1. Right
2. Mention that it was approved after you filed the original complaint
3. File with the court and serve to AUSA only.
4. I would.
5. You never know, it's easier to amend now and be prepared for the fight if need be.
 
Regarding # 2, should I just add that my AOS was approved and leave the the remaining paragraphs that say in effect that my AOS is still pending at the time of the Complaint. Or should I take out the "as of the Complaint" part. I can;t locate my final draft that I posted on the forum, but if you could please look at it and advice accordingly, I will be grateful. Thanks

I'm going to be up late tonight and will be on the forum as much as possible or as much as my toddler allows :) Folks, give me your feedback.

lazycis said:
1. Right
2. Mention that it was approved after you filed the original complaint
3. File with the court and serve to AUSA only.
4. I would.
5. You never know, it's easier to amend now and be prepared for the fight if need be.
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jefkorn said:
Regarding # 2, should I just add that my AOS was approved and leave the the remaining paragraphs that say in effect that my AOS is still pending at the time of the Complaint. Or should I take out the "as of the Complaint" part. I can;t locate my final draft that I posted on the forum, but if you could please look at it and advice accordingly, I will be grateful. Thanks

I'm going to be up late tonight and will be on the forum as much as possible or as much as my toddler allows :) Folks, give me your feedback.
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Your draft is posted here,
http://www.immigrationportal.com/showpost.php?p=1915848&postcount=16680
but I cannot open it for whatever reason. I would not say anything in the parties part, just your name and the fact that you filed I-485 2 years ago.
 
More questions on how to go about amending the complaint?

A quick glance at the Complaint, I noticed few things:

1. Should I modify prayer to take out my part? For example
"d. Order Defendants and those acting under them to perform their duty or duties to adjudicate Plaintiff’s I-485 Application without further delay;"

Should it say adjudicate Jane Doe(wife's name) I-485 application?

2. In para 41, "Plaintiff’s I-485 Application remains pending and un-adjudicated.", should this be taken out? Similar language is in other paras in the Complaint.

3. In paras under "Grounds for Relief", references to plaintiff can easily be converted Plaintiffs.

4. In Injury section, item (g), again mentions primary not able to advance career. Should this be changed too?

5. Would just adding the updates in one paragraph in the beginning of the complaint will be enough or I need to fish for AOS references to the primary remove them?

This whole thing is confusing me. I thought amending the Complaint would be a matter of adding new plaintiff and that would be it. What makes it tricky is that my AOS is approved and of course the original complaint says that my I-485 is pending and un-adjudicated etc.

What do you think guys?
 
Please review: Draft first amended complaint

Here's the draft I put together in a rush. Let me know your comments and feedback asap, your help is much appreciated.

Few things to keep in mind when reviewing the complaint:

Me: John Doe
Wife: Jane Smith

I and my wife don't share the common last name.

I am not asking for adjudication of my (John Doe) AOS in the prayer, rather I'm asking for adjudication of Mrs. Smith. This should be fine?

I have highlighted some parts but haven't highlighted all that's is critical, please go through the complete complaint if you can and let me know I handled it ok.

Is the on-liner in para 1 sufficient to update the court on status of my AOS?

The other big question I have is the my claim is moot because of the fact that my requested relief has been granted and is it even possible for me to still be a plaintiff and add or "substitute" wife to an already moot case? Or may be it's not important at this point to ponder these questions and just satisfy AUSA's request of having my wife as named plaintiff?

Should I know some more reasons to remain a plaintiff in addition to what I have in the complaint? Like although Mr. doe. AOS is granted, he is concerned that his wife's AOS is still pending etc??

Thank you in lazyzis and all others who are just great and helpful.
 
How to use electronic filing?

I just received my electronic filing account and would like to use it except that I have never used it to file any documents with the court before. I want to file the amended complaint tonight if possible so it will save me a trip to the court.

I have few questions, can someone please answer them. Thanks

1. Is there a limit on the PDF size that can be uploaded? I think it was 2 MB.

2. Does this limit apply to Complaints and exhibits?

3. I will be able to electronically sign the documents but my wife who is new named plaintiff, how can she electronically sign, does she need to be added to ECF account? I may ask the ECF support and will update here if I get the answer

4. I don't want to be stuck just because I want to use ECF, please share your tips and things to watch for when elec. filing?

5. I think I need a "Certificate of Service" paragraph at the end of the amended Complaint. Right?
"
Certificate of Service​
I, John Doe, certify that I served the foregoing Amended Complaint on Mr. AUSA's name, Assistant United State Attorney, AUSA ADDRESS by electronic filing,effected Sep. 05, 2008."
 
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