Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
waiting2006
Registered Users (C)
Card Production Ordered
Hello folks,
After a journey of 2 and half years, finally, I received today the fascinating e-mail “Current Status: Card production ordered.”
I would like to shre my story with every body; it might be helpful for some of you who have been waiting a long time for their Green Card.
I filed my I-485 in June/2006 (marriage based). I had my interview in Sep/2006.
Since then, my case was stuck in the name check.
Since I filed my I-485, I have made numerous attempts to have my I-485 adjudicated but nothing worked. Here what I did:
1) Made many infopass appointment;
2) Calling the hot line many times;
3) Contacting my Congressman and Senator twice;
4) Contacting the Ombudsman three times;
5) Contacting the First Lady;
The response from these attempts was that my name check was pending.
On Sep/2008, again, I contacted the First Lady, and she forwarded my request to the FBI as to the status of my name checks. A month later, I received a letter from the FBI that my name check was Finalized on 6/5/2008 and the decision was forwarded to the USCIS Headquarters, Washington DC on.
After I knew that my name check has been Finalized, I called the hotline and made infopass appointments many times and I mentioned to them the letter from the FBI. Unfortunately, their response was that my case is still pending. I was so pissed off because I knew my name check cleared and nothing moved on.
I decided to mail letters to whoever I think can help. In the letter, I explained that my case has been pending since 2006 and that my name checks has been Finalized. On 11/03/2008 I mailed these letters to the following:
1) Director of USCIS Garden City office, NY
2) District Director of New York USCIS
3) Director of USCIS National Benefits Service Center
4) Director of U.S. Citizenship and Immigration Services
5) Secretary of Department of Homeland Security
6) The ombudsman
7) The congressman
8) Senator
I sent all of these letters in one day and I waited.
Today 12/03/2008, I woke up in the morning and I went to check my e-mail, like I do every day, I found an e-mail indicating “Card production ordered.”
I was about to file a WOM, but I decided first to mail these letters and wait for a month or so.
I believe that those letters were the reason I got my Green Card. If your I-485 has been pending for a long time, I suggest that you write letters to anybody who you thing might help. It can’t hurt, but it might help and save you the efforts to file a WOM.
I wish a good luck to everybody in this forum. I will stay around, and if you have any question, feel free to ask.
Hello folks,
After a journey of 2 and half years, finally, I received today the fascinating e-mail “Current Status: Card production ordered.”
I would like to shre my story with every body; it might be helpful for some of you who have been waiting a long time for their Green Card.
I filed my I-485 in June/2006 (marriage based). I had my interview in Sep/2006.
Since then, my case was stuck in the name check.
Since I filed my I-485, I have made numerous attempts to have my I-485 adjudicated but nothing worked. Here what I did:
1) Made many infopass appointment;
2) Calling the hot line many times;
3) Contacting my Congressman and Senator twice;
4) Contacting the Ombudsman three times;
5) Contacting the First Lady;
The response from these attempts was that my name check was pending.
On Sep/2008, again, I contacted the First Lady, and she forwarded my request to the FBI as to the status of my name checks. A month later, I received a letter from the FBI that my name check was Finalized on 6/5/2008 and the decision was forwarded to the USCIS Headquarters, Washington DC on.
After I knew that my name check has been Finalized, I called the hotline and made infopass appointments many times and I mentioned to them the letter from the FBI. Unfortunately, their response was that my case is still pending. I was so pissed off because I knew my name check cleared and nothing moved on.
I decided to mail letters to whoever I think can help. In the letter, I explained that my case has been pending since 2006 and that my name checks has been Finalized. On 11/03/2008 I mailed these letters to the following:
1) Director of USCIS Garden City office, NY
2) District Director of New York USCIS
3) Director of USCIS National Benefits Service Center
4) Director of U.S. Citizenship and Immigration Services
5) Secretary of Department of Homeland Security
6) The ombudsman
7) The congressman
8) Senator
I sent all of these letters in one day and I waited.
Today 12/03/2008, I woke up in the morning and I went to check my e-mail, like I do every day, I found an e-mail indicating “Card production ordered.”
I was about to file a WOM, but I decided first to mail these letters and wait for a month or so.
I believe that those letters were the reason I got my Green Card. If your I-485 has been pending for a long time, I suggest that you write letters to anybody who you thing might help. It can’t hurt, but it might help and save you the efforts to file a WOM.
I wish a good luck to everybody in this forum. I will stay around, and if you have any question, feel free to ask.
Last edited by a moderator:
I received the confirmation of the my WOM being recorded with the pdf attachment. What is that for? Do I need to do anything?
Thanks
I found this - what does it mean? Is it to accept the judge assigned to our case?
TITLE 28 App. > FEDERAL > APPENDIX > Form 33
Form 33. Notice of Availability of a Magistrate Judge to Exercise JurisdictionIn accordance with the provisions of Title 28, U.S.C. § 636(c), you are hereby notified that a United States magistrate judge of this district court is available to exercise the court’s jurisdiction and to conduct any or all proceedings in this case including a jury or nonjury trial, and entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. Copies of the Form for the “Consent to Jurisdiction by a United States Magistrate Judge” are available from the clerk of the court.
http://www.law.cornell.edu/uscode/html/uscode28a/usc_sec_28a_03000033----000-.html
Thanks
I found this - what does it mean? Is it to accept the judge assigned to our case?
TITLE 28 App. > FEDERAL > APPENDIX > Form 33
Form 33. Notice of Availability of a Magistrate Judge to Exercise JurisdictionIn accordance with the provisions of Title 28, U.S.C. § 636(c), you are hereby notified that a United States magistrate judge of this district court is available to exercise the court’s jurisdiction and to conduct any or all proceedings in this case including a jury or nonjury trial, and entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. Copies of the Form for the “Consent to Jurisdiction by a United States Magistrate Judge” are available from the clerk of the court.
http://www.law.cornell.edu/uscode/html/uscode28a/usc_sec_28a_03000033----000-.html
Last edited by a moderator:
mustafa34kc
Registered Users (C)
Hi everyone .. I am new to this thread and I am planning on filing my WOM on this coming Monday. I do appologize in advance if some the questions I have have been asked in the past. The first part of the questions is regarding the cover sheet. Here we go ...
1) On section III, Citizenship of Principal Parties, which boxes I need to check for myself and the the plaintiff ?
2) Section IV, What is the U.S. Civil Statute under which I am filing under? What is a brief description of the statute
Now for the actual civil complaint ..Here are my questions
1) Statement of claim.. what would my statement of claim would be? Are there examples out there I can use ?
2) Relief ..what I should state for the relief section?
3) Question IV, Do you claim the wrongs alleged in your complaint are continuing to occur at the present time? I would assume the answer would be a YES ?
4) Question VII, Administrative Procedures. Have the claims which you make in this civil action been presented through any type of administrative procedures within any goverment agency? Is this Yes or No?
These are the questions I have for now. Once again, I do appoligize if they have been asked before. I really appreciate all your help.
Thanks again in advance
1) On section III, Citizenship of Principal Parties, which boxes I need to check for myself and the the plaintiff ?
2) Section IV, What is the U.S. Civil Statute under which I am filing under? What is a brief description of the statute
Now for the actual civil complaint ..Here are my questions
1) Statement of claim.. what would my statement of claim would be? Are there examples out there I can use ?
2) Relief ..what I should state for the relief section?
3) Question IV, Do you claim the wrongs alleged in your complaint are continuing to occur at the present time? I would assume the answer would be a YES ?
4) Question VII, Administrative Procedures. Have the claims which you make in this civil action been presented through any type of administrative procedures within any goverment agency? Is this Yes or No?
These are the questions I have for now. Once again, I do appoligize if they have been asked before. I really appreciate all your help.
Thanks again in advance
Magistrate judge is like a junior judge, but in civil cases (like yours), his/her decisions have the same power as regular judge's. You can contact AUSA and ask wheter they are willing to consent, but the answer is usually "no" (magistrate judge usually has less load so the case is moving quicker). So technically you do not have to do anything.
As for PDF attachment, all cases are usually scanned into the US court system. You can access PACER system online and see all filings.
You can find a sample coversheet here
http://boards.immigration.com/attachment.php?attachmentid=17679&d=1227303092
Note that it's for AOS so just change AOS (green card) to naturalization.
Looks like you are trying to use complaint form from the pro se package. I've made the same mistake.
You do not have to sweat it out regarding the complaint, here is the template for you:
http://boards.immigration.com/showpost.php?p=1910469&postcount=16572
mustafa34kc
Registered Users (C)
Thank you Lazycis .. I do have the template from the complaint which I got from Cregan.. after I asked my question, I thought what I got would replace the form I got. As for the sample coversheet, it looks like it is an older version . I did not notice they have marked anything for section III about the citizinship of the principal parties, what should I mark?
You can skip section III as it's not relevant for your case (it's for diversity cases only).
Lacycis & jefkorn, here is another one for you. What to I do?
What do I do? Jonathan Scharfen was one of my defendants and he resigned the day I filed my WOM. Do I need to file an amendment?
Just letting you know that the USCIS Jonathan Scharfen, Acting Director, USCIS Office of Chief Counsel Resignated on Tuesday. Yep, the day that I filed my WOM.
http://www.dhs.gov/xnews/releases/pr_1228315709873.shtm
If so, who do I name as the defendant, the next person up?
Thanks
What do I do? Jonathan Scharfen was one of my defendants and he resigned the day I filed my WOM. Do I need to file an amendment?
Just letting you know that the USCIS Jonathan Scharfen, Acting Director, USCIS Office of Chief Counsel Resignated on Tuesday. Yep, the day that I filed my WOM.
http://www.dhs.gov/xnews/releases/pr_1228315709873.shtm
If so, who do I name as the defendant, the next person up?
Thanks
No you don't need to file an amended complaint. See FED. R. CIV. P. 25(d)(1) at http://www.law.cornell.edu/rules/frcp/Rule25.htm
"When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer’s successor is automatically substituted as a party"
"When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer’s successor is automatically substituted as a party"
Last edited by a moderator:
mustafa34kc
Registered Users (C)
Thank you Lazy .. I am almost done with my complaint. I have a question .. I have only 11 Exhibits to go with my case..is that enough. I do not have as much as mention in the sample complaint
Do not worry, put whatever you have.
mustafa34kc
Registered Users (C)
Thank you Lazycis, I am working on my cover sheet now.Do I need once cover sheet for each defendant or one for all would be enough?
You only need one cover sheet - you give it to court clerk when you file your complaint.
mustafa34kc
Registered Users (C)
that makes me feel better .. Looks like Monday is going to to be the day for me. Hope all goes well
mustafa34kc
Registered Users (C)
Thank you sir.. I'll just name Mr Chertoff as the defendant ..