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

Thank you. That was my question. On Monday I'm calling the court for a couple questions and I'm ready to go :)

Looking forward to it. Thank you so much
 
cregan,
When communicating with the court clerk, just keep in mind that they will not be able to give you any legal advice because they can't for liability reasons and aren't lawyers. They can give you procedural information specific to your federal court.

Good luck and don't get too carried away in the excitement :)

cregan said:
Thank you. That was my question. On Monday I'm calling the court for a couple questions and I'm ready to go :)

Looking forward to it. Thank you so much
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I know. At this moment even though I am 100% eligible, no criminal record and I have a good moral character I am choosen to never become a US Citizen. They can't give me a yes and they can't give me a no. I asked to have my application back so we could file again when we move out of state, but the IO said that I will be stuck just like I am. Therefore, the WOM gives me a little hope. If there is a possibility that it can work it is better than never.

:)

Meanwhile our plans are on hold :(
 
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Lost my mind

Happy for dad, he applied 2 months ago and got his IL today

Not me. I'm a good person, why would it pay off?
 
Valid to File WoM ? Need Advise

All,
Newbie to the forum ...please advise on if my status/case looks valid for WoM.

- Employement based adjustment of status - EB3, From India.
- Husband was the primary, me a derivative
- Filed concurrently using a substited labor certification in July 2005.
- Primary got approved and it has been abt 14 months now since we have the physical card.
- Both Husband and myself have been in this country for abt 10+ yrs now, never been out of status, well may be on February 30th in 2002 but there was tequila involved :). Mean to say never even for 1 day were out of status
- Derivative case has been pending and till the date of me posting this, I have opened 2 service requests, called up at different intervals close to 10-12 times, took an infopass, asked local congress man who denied to help in a Employment based case, etc..

Here is what I found ..
- Case is not stuck in FBI name check or any security clearence. Was told this over the phone and also confirmed in the infopass appointment.
- Case is with texas service center


And also I might have to fire my existing lawyer and go with rajeev's or murthy's firm if I end up filing WoM. My existing lawyer is either too busy or too dumb to answer my questions these days. Useless for me - what ever the reason might be.

Explored the option of filing WoM ourselves but not a feasible option for us...

Please advise if my case looks valid for filing a WoM against USCIS? Advise in any form will be greatly appreciated.
 
HeardGCHelps,

Is your PD current according to VB? It won't be easy to win a case if it's not current. Your primary was very lucky to get an approval, probably during July 07 when all dates where current.
 
HeardGCHelps,
Think of it from USCIS's point of view, if the primary is approved and derivative beneficiary's name check is cleared too (even it wasn't, I assume that it's been more than 180 days in your case, it's not an obstacle any more to AOS adjudication ) and Primary's PD is current, the derivative's case is as ripe for adjudication as it can be. CIS doesn't have any excuse. CIS needs to be "reminded" and WOM will do that. I agree with lazycis that time is of the essence here, act fast so you file WOM while your PD is current. I would add this fact in the Injury to the Petitioner section in the Complaint as well as in the Prayer that if application was not acted on while the PD is current, you will have to wait for an unknown period of time and your life plans will continue to be on hold causing you emotional distress.
 
I know it's silly to ask now, but what is PD current?

I filed my WOM this morning and mailed certified all defendants their summons and copy of complaint

thank you
 
cregan,
Good luck on your WOM. Nothing beats kicking off Holiday season with a WOM :) Silly is the question you don't ask. No worries!
In a family based case, the priority date(also known as PD) is normally the I-130 receipt date. In an employment based case, if a labor certification was required, the priority date is normally the date the labor certification was filed. If an LC was not required, then the priority date is generally the I-140 receipt date. These are the general rules, but there are certain exceptions and variations.

A Priority Date is current when it is earlier than the date appearing on the Visa Bulletin from the Department of State.
For example, according to visa bulletin for Dec 2008, date appearing in the box on the Visa Bulletin for the Family based applicants in the 2A category for nationals of China states:01APR04, then only people with Priority Dates earlier than April 1, 2004 have current Priority Dates.

AOS can only be approved when PD of the primary applicant is current.
cregan said:
I know it's silly to ask now, but what is PD current?

I filed my WOM this morning and mailed certified all defendants their summons and copy of complaint

thank you
Click to expand...
 
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Thank you :) I had no reason to worry :)

It does feel good to start the Holidays like that. I've been good this year, I hope Santa will bring me good news :) at least I tried

It's such an unknown territory, I hope I did everything ok with the paperwork.

Thank you for your support
 
Good job, cregan!
Please update us on the development, we are here to help.
I am attaching a favorable order from your district to cheer you up. It may come up handy if government decides to fight.
 
Everyone has been so helpful :) I was so scared of the overload of information :) I am ready to read the rest.

I read through more of this thread. When does my 60 days start? Is it when the US Atty receives the complaint or when the US District Atty receives the copy of the complaint? Should I follow up with them? Do I follow up with the US District Atty or each one of them?

See I'm just full of questions, I'm keep everyone busy :)
 
60 days start when District US Att. receives the complaint. That's why it's important to properly serve a copy of the complaint to district US Att. asap.
 
I saw lazycis's response after I had already typed mine. Here goes:
The 60 day clock starts from the time US Attorney receives the complaint or legally speaking, served. If you hand delivered the complaint to US Attorney's office, then your 60 day clock has already started.
You are using the US Attorney and District Attorney interchangeably. See following links for details:

United States Attorney

District Attorney

Most likely an Assistant US Attorney (AUSA) will be representing the Govt and there will be just one representing all defendants. You may want to get in touch with the assigned AUSA 3-4 weeks before the 60 day deadline. This is just my opinion but again the idea is to "remind" them of your case and send across the message that you are on top of things. Although they don't really need much reminding as they are required by law to respond to your complaint within 60 days.

cregan said:
Everyone has been so helpful :) I was so scared of the overload of information :) I am ready to read the rest.

I read through more of this thread. When does my 60 days start? Is it when the US Atty receives the complaint or when the US District Atty receives the copy of the complaint? Should I follow up with them? Do I follow up with the US District Atty or each one of them?

See I'm just full of questions, I'm keep everyone busy :)
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I mailed certified with the green receipt each defendants. I read that it should be served correctly if they sign on that card.

Thank you :)

Ironic ... and I don't know how to feel about that. Im certain the process isn't that fast. I called USCIS after work. The phone representative said I was stuck witha "qc" note. She transferred me to an Officer. The Officer told me that they scheduled me for a 2nd fingerprint today. I am scheduled for 12/16 and she said to called them back after the fingerprints to make sure they are scheduling me for an interview. I just mailed the complaints with summons today. I'm sure they are not that fast. Will that hurt me? My thoughts are to go with it and wait and see ... What do you think?

Thanks
:)
 
What matters is the delivery of complaint and summons to AUSA for counting the 60 days. The online proof of delivery may even work for the named defendants, you will need that when you file something called Certificate of Service or Proof of Service.

I don't think CIS is reacting to the lawsuit just yet in terms of expediting FPs for you. The WOM will not hurt your case. I personally think that USCIS doesn't even start to care until AUSA communicates with them.

In any case after the FP call USCIS and get the interview scheduled. I'm not sure if they do that over the phone. This is a positive development, don't worry about it.

cregan said:
I mailed certified with the green receipt each defendants. I read that it should be served correctly if they sign on that card.

Thank you :)

Ironic ... and I don't know how to feel about that. Im certain the process isn't that fast. I called USCIS after work. The phone representative said I was stuck witha "qc" note. She transferred me to an Officer. The Officer told me that they scheduled me for a 2nd fingerprint today. I am scheduled for 12/16 and she said to called them back after the fingerprints to make sure they are scheduling me for an interview. I just mailed the complaints with summons today. I'm sure they are not that fast. Will that hurt me? My thoughts are to go with it and wait and see ... What do you think?

Thanks
:)
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Alright, I will take a break from my case for a couple of weeks :) they followup on the timeline you proposed :)

Thanks for everyones' help

jefkorn & lazycis - I don't want to say thank you too many times, but I really want to let you know how much I appreciate the support :)
 
Guys, I don't know if it was because of WOM or not but I just received my welcome notice email a few minutes ago (exactly one week after filing WOM):

"Current Status: Notice mailed welcoming the new permanent resident.
On December 2, 2008, we mailed you a notice that we had registered this customer's new permanent resident status ..."

I'm very happy and I like to think that it was WOM that made them move. I am going to call the court clerk and dismiss the case when I receive the physical green card in mail. I like to thank all members of this forum, especially jefkorn and lazycis, for their tremendous help and support. File WOM. It does wonders :)
 
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