It would be nice to see the first paragraph as well. Did you put 1447(b) in your complaint? The government attorney is wrong. You need to send him this:
http://www.ailf.org/lac/chdocs/Yakubova-sett.pdf
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
It would be nice to see the first paragraph as well. Did you put 1447(b) in your complaint? The government attorney is wrong. You need to send him this:
http://www.ailf.org/lac/chdocs/Yakubova-sett.pdf
Yes I did mention 1447(b) in my original summons.
Do you have an email address so i can forward you the entire answer I received from the AG?
As for the attached "Yakobova" file, do I send it as is or should I rewrite it to reflect my case?
Thank You Again,
NaserH
Do you have an email address so i can forward you the entire answer I received from the AG?
As for the attached "Yakobova" file, do I send it as is or should I rewrite it to reflect my case?
Thank You Again,
NaserH
Ehhh...ok, again, I don't know your case but normally an officer can't just backdate your approval.
This is the reason why I post my story here.
In the I551 stamp, the issued date is 2008, but the green card effective date is 2006. In my complaint, I clearly state they should backdate my green card. And I win.
Let them backdate. You can win, too.
Visa will no longer be available for me starting Oct. 1. Latest visa bulletin shows April 1, 2004 for my category and country. My PD is September 2005.
Only 2 weeks left in September. I don't know if the TRO will still work in such a short timeframe.
Only 2 weeks left in September. I don't know if the TRO will still work in such a short timeframe.
Visa will no longer be available for me starting Oct. 1. Latest visa bulletin shows April 1, 2004 for my category and country. My PD is September 2005.
Only 2 weeks left in September. I don't know if the TRO will still work in such a short timeframe.
File complaint ASAP and file TRO right after. Server TRO upon district attorney. Ask court to schedule an emergency hearing within 10 days.
Attached is Alibeik decision.
It will work, if you look at my post( I didn't know at the time of posting the message that case I was looking for was Srinivasan v Rice (civil action # 07-02299, D.D.C. Dec., 2007). You can see the time line of the TRO and how USCIS not only cleared plaintiff and his dependents' NC but approved their I-485s on the last day before the first of Jan. 2008 when the applicants' PD was to retrogress.
Last edited by a moderator:
mondaycitizen
New Member
Hi,
I filed a WOM in February, and now I had interview and the oath will be Monday. AUSA wants to dismiss without costs. Is there a way to make an argument that the case should be dismissed WITH costs, so that I can get the money I spent on filing the case back?
thanks
I filed a WOM in February, and now I had interview and the oath will be Monday. AUSA wants to dismiss without costs. Is there a way to make an argument that the case should be dismissed WITH costs, so that I can get the money I spent on filing the case back?
thanks
yourfirstname
Registered Users (C)
MondayCitizen,
Did you file the case through an attorney?
I believe you will have to prove that you are the prevailing party to get costs compensated. I have seen lots of assistance in this board in filing simple cases and wining them but have not seen much on this topic. When I filed my WOM as pro se then my focus was to keep things simple and winning it. I did not want to handle any complicated situation in a field I am not expert in. I thought things may turn uglier if try to get costs recovered. In fact, I saved lot of attorney fees by filing it Pro Se.
In my personal opinion, if you filed the case as Pro Se then you might want to keep things simple but if you filed the case through an attorney then he/she can help you.
Last edited by a moderator:
Just when you though USCIS could not get any dumber...
I faxed a letter to TSC on Sept. 8 this Monday to request them to adjudicate my AOS case (I knew it wouldn't work...just wanted to use the fax in WOM). Then yesterday I receive a letter from TSC tell me that "we have updated your address in our systems as you requested". Along with that letter, they attached my original faxed letter, a faxed request from another girl living in Massachusetts requesting CIS to expedite her EAD which will expire end of Sept, along with copies of her EAD form and current card. I logged to my account on USCIS website and found that my I-140, I-485 and two previous advanced parole application have all been updated on 09/09. Fantastic - now I live in Massachusetts in USCIS's system!
Then I called the EAD applicant (her number is in the letter) and let her know what happened. We will both need to call USCIS on Monday to find out what they did to our cases. How much fun!
Should I include this letter in my WOM complaint to show how they messed up people's cases?
I faxed a letter to TSC on Sept. 8 this Monday to request them to adjudicate my AOS case (I knew it wouldn't work...just wanted to use the fax in WOM). Then yesterday I receive a letter from TSC tell me that "we have updated your address in our systems as you requested". Along with that letter, they attached my original faxed letter, a faxed request from another girl living in Massachusetts requesting CIS to expedite her EAD which will expire end of Sept, along with copies of her EAD form and current card. I logged to my account on USCIS website and found that my I-140, I-485 and two previous advanced parole application have all been updated on 09/09. Fantastic - now I live in Massachusetts in USCIS's system!
Then I called the EAD applicant (her number is in the letter) and let her know what happened. We will both need to call USCIS on Monday to find out what they did to our cases. How much fun!
Should I include this letter in my WOM complaint to show how they messed up people's cases?
Last edited by a moderator:
If the court ruled that the delay was unreasonable, then you can recover your costs.
mondaycitizen
New Member
Hi,
I filed pro se, but after AUSA promised that I would get interviewed in a few months, I postponed further motions until now, and now I am getting sworn in on Monday, so the case has to be dismissed. It's just a question of costs. I imagine it would be almost impossible to recover costs easily, or at all.
I filed pro se, but after AUSA promised that I would get interviewed in a few months, I postponed further motions until now, and now I am getting sworn in on Monday, so the case has to be dismissed. It's just a question of costs. I imagine it would be almost impossible to recover costs easily, or at all.
You can look at this to get an idea about what are the circumstances in which you could claim costs under EAJA. In your case, looks like you won't be able to recover costs.
Draft complaint
lazycis, jefkorn, (and other WOM experts)
Thanks to your template and advice, I finally worked out the first draft of the complaint. Here it is. I'd appreciate your comments and suggestions.
My questions on a few specific items, as highlighted in gray color through the document:
10. Some cases from my district court (Northern District of Texas). The quoted documents are MTD denials. Please see if they are properly quoted and used here.
15. Should I point out that my PD was current and visa was available from June 2007 until November 2007, but my case was not processed due to 1. pending FBI namecheck until Oct 2007; 2. USCIS inaction from Oct to Nov 07. If so, will USCIS argue that since they can not process AOS when visa number is only available, my waiting period should only be considered as during the time my PD was current?
18. Should I elaborate here that my name check was pending for 2 years and I sought help from senators, etc. (eventually FBI responded to First Lady's inquiry)
32. As mentioned in my previous post, USCIS was messing with my case after I faxed them a I-485 adjudication request. They sent me a letter telling me they updated my address and attached someone else's EAD expedite requests. I called TSC this Monday and was told my address was still correct. I called again today just to confirm and got same answer. I couldn't find out what else they might have done to my case though. Do you think it's ok to include this event in the complaint (the USCIS letter attachment contains someone else's information. is this ok)? I kinda want to show how stupid USCIS can be.
37. Successful cases in my district court. However, seems it was stated in the Goldschmidt v. U.S. Atty. Gen. case that "Judges of this Court have consistently held that persons who have filed immigration related applications have a clear right to have the discretionary adjudication of their applications completed within a reasonable period of time." What do you think about this? While in 38 (this is from Jefkorn's template and I didn't change any quoted cases), other courts say "non-discretionary duty".
Last but not least, should I explicitly state the visa number unavailability under INJURY TO PLAINTIFF that due to the delay I am affected by retrogression in Dec 2007 and now AGAIN?
And, should I add DHS to defendants in regard of the visa problem?
Thank you so much for your help. I am still working on the Preliminary Injunction and TRO document and hopefully can get it done this evening.
Note: I just received a letter back from the CIS Ombudsman saying they have contacted USCIS and asked me to wait for 45 days. I have modified the corresponding content in the complaint.
lazycis, jefkorn, (and other WOM experts)
Thanks to your template and advice, I finally worked out the first draft of the complaint. Here it is. I'd appreciate your comments and suggestions.
My questions on a few specific items, as highlighted in gray color through the document:
10. Some cases from my district court (Northern District of Texas). The quoted documents are MTD denials. Please see if they are properly quoted and used here.
15. Should I point out that my PD was current and visa was available from June 2007 until November 2007, but my case was not processed due to 1. pending FBI namecheck until Oct 2007; 2. USCIS inaction from Oct to Nov 07. If so, will USCIS argue that since they can not process AOS when visa number is only available, my waiting period should only be considered as during the time my PD was current?
18. Should I elaborate here that my name check was pending for 2 years and I sought help from senators, etc. (eventually FBI responded to First Lady's inquiry)
32. As mentioned in my previous post, USCIS was messing with my case after I faxed them a I-485 adjudication request. They sent me a letter telling me they updated my address and attached someone else's EAD expedite requests. I called TSC this Monday and was told my address was still correct. I called again today just to confirm and got same answer. I couldn't find out what else they might have done to my case though. Do you think it's ok to include this event in the complaint (the USCIS letter attachment contains someone else's information. is this ok)? I kinda want to show how stupid USCIS can be.
37. Successful cases in my district court. However, seems it was stated in the Goldschmidt v. U.S. Atty. Gen. case that "Judges of this Court have consistently held that persons who have filed immigration related applications have a clear right to have the discretionary adjudication of their applications completed within a reasonable period of time." What do you think about this? While in 38 (this is from Jefkorn's template and I didn't change any quoted cases), other courts say "non-discretionary duty".
Last but not least, should I explicitly state the visa number unavailability under INJURY TO PLAINTIFF that due to the delay I am affected by retrogression in Dec 2007 and now AGAIN?
And, should I add DHS to defendants in regard of the visa problem?
Thank you so much for your help. I am still working on the Preliminary Injunction and TRO document and hopefully can get it done this evening.
Note: I just received a letter back from the CIS Ombudsman saying they have contacted USCIS and asked me to wait for 45 days. I have modified the corresponding content in the complaint.
Last edited by a moderator:
vijay_anand_v
Registered Users (C)
Hi lazycis and jefkorn
You guys have been doing an awesome job helping out folks on individual basis. Actually, We are working on a similar issue but want to create a bigger impact. we want USCIS to be more responsible towards treating the legal immigrants.
Here is the link for more details
http://immigrationvoice.org/forum/showthread.php?t=21493
With your experience on lawsuits, I will definitely need your help in this. Iam not doing this just for personal benefit. I would like to help everyone out there who are facing this scenario for years and years. I, for one, filed by GC in 2003 and still waiting. Lot of people have filed even before me and are still waiting. I want to help every one. Please let me know your thoughts. Incase, If i want to reach you guys outside this forum, is it ok. Based on your response, I will discuss further.
Thanks
Vijay
You guys have been doing an awesome job helping out folks on individual basis. Actually, We are working on a similar issue but want to create a bigger impact. we want USCIS to be more responsible towards treating the legal immigrants.
Here is the link for more details
http://immigrationvoice.org/forum/showthread.php?t=21493
With your experience on lawsuits, I will definitely need your help in this. Iam not doing this just for personal benefit. I would like to help everyone out there who are facing this scenario for years and years. I, for one, filed by GC in 2003 and still waiting. Lot of people have filed even before me and are still waiting. I want to help every one. Please let me know your thoughts. Incase, If i want to reach you guys outside this forum, is it ok. Based on your response, I will discuss further.
Thanks
Vijay
lvla, here you go:
Replace Tx. with Tex. The rest looks fine.
You may want to leave out this part if this shows that USCIS inaction was only for one month. You can mention that your case has been pending because of NC and now after the new NC policy, USCIS has itself admitted that NC was never a requirement for AOS adjudication. You want to add the references to new policy (NC > 180 days, if AOS otherwise approvable should be approved) and then how USCIS announced that it will adjudicate all qualifying AOS application by mid-March 2008.
Yeah, by all means. You spent two years in just NC which now only has to be pending for 180 days before the adjudication can be completed. You can document your efforts saying that you tried every avenue to get your application adjudicated and NC was quoated to you as the reason for not adjudicating your AOS, so pursued all avenues available to you to find the status of NC or expedite it.
Yes, you can mention that your believe that USCIS was not able to match your request to your file and you are afraid that it may have mishandled your case. You can redact(/black out) the private information and put a little note saying "information masked for privacy reasons".
That could be a typo. I haven't looked at the case but court can only compel USCIS to perform non-discretionary duty owed to plaintiffs which includes adjudication. Also change Tx. to Tex. in case citations.
Definitely, accentuate the injury and make the possibility of waiting for an unknown period of time in abseence of a visa number prominent. You can mention that because of previous visa number retrogression, you are afraid that you will miss the this opportunity to get your AOS adjudicated if the USCIS doesn't act promptly.
I think you meant DOS, you already have DHS as the first named defendant. You want to add DOS(Dept. of State, Ms. Rice) because of the visa retrogression issue.
You don't need to wait for 45 days for Ombudsman's response. It's not going to be useful.
Last edited by a moderator:
Thanks for the quick reply, jefkorn.
I found this link related to the USCIS claim you talked about - see Q7. Do you think this is sufficient as an exhibit or should I attach the FBI Feb memo as well?
http://www.uscis.gov/portal/site/us...nnel=098daca797e63110VgnVCM1000004718190aRCRD
Thanks again, jefkorn. I am starting to work on the 2nd draft now.
Will revise based on your advice.
I found this link related to the USCIS claim you talked about - see Q7. Do you think this is sufficient as an exhibit or should I attach the FBI Feb memo as well?
http://www.uscis.gov/portal/site/us...nnel=098daca797e63110VgnVCM1000004718190aRCRD
Thanks. will add this in the 2nd version.
I have attached the case (page 2). It could be a typo as it says otherwise in the court order. But still I think I should probably leave this one out? I have collected 5 cases in my district court with favorable decisions since 2007.
Yes, DOS - my typo. Will do as suggested.
Thanks again, jefkorn. I am starting to work on the 2nd draft now.
jerrylexus
New Member
How to set up Court Hearing Date
I filed my I-485 through marriage to a USC on Nov 14 2005. Ever since i have made several inquiries with USCIS both at the office and through the phone and mail but i have had no luck in getting my case processed. After reading so many posts on this site my wife and I filed a WOM on 07/10/2008 and USCIS filed a response arguing why they should not process my case blaming the FBI for the delay. After reading their response, it was just a basic response that hardly addressed my issue. Right now i was asking for advice on how i can set up a court date for a hearing as i have enough evidance to go aaginst them in court. How do i schedule a court hearing and typically how long is the wait time before i get a court date. I currently reside in Dallas, Texas.
I filed my I-485 through marriage to a USC on Nov 14 2005. Ever since i have made several inquiries with USCIS both at the office and through the phone and mail but i have had no luck in getting my case processed. After reading so many posts on this site my wife and I filed a WOM on 07/10/2008 and USCIS filed a response arguing why they should not process my case blaming the FBI for the delay. After reading their response, it was just a basic response that hardly addressed my issue. Right now i was asking for advice on how i can set up a court date for a hearing as i have enough evidance to go aaginst them in court. How do i schedule a court hearing and typically how long is the wait time before i get a court date. I currently reside in Dallas, Texas.
You need to file Motion for summary judgment. See example here:
http://immigrationportal.com/attachment.php?attachmentid=16629&d=1183571753