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

Should I include Atterny General in the defendants. Some of the sample complaints I got seems no this person?
Another question is: Should I attach the 180 dyas memo for name check into complaint? What I means is they can prove my I-485 without name check result, although I put director of FBI into defendants too.
 
Shugemama said:
Should I include Atterny General in the defendants. Some of the sample complaints I got seems no this person?
Another question is: Should I attach the 180 dyas memo for name check into complaint? What I means is they can prove my I-485 without name check result, although I put director of FBI into defendants too.
Click to expand...

It does not make sense not to include US AG as a defendant as you have to serve him in any case.
 
Judges in District Court of Massachusetts

Hello,

Today my WOM case has been assigned to senior trial Judge Senior Judge Edward F. Harrington and Magistrate Judge Dein (Flaherty, Elaine). Any body has any idea about these guys? whether they are supportive of WOM cases?
 
Tro?

Lazycis,

Please forgive me for my ignorance but what is TRO as you mentioned in the above post?

Thanks for your help to forum members. May God bless you.

Vital
 
vital2006 said:
Lazycis,

Please forgive me for my ignorance but what is TRO as you mentioned in the above post?

Thanks for your help to forum members. May God bless you.

Vital
Click to expand...

In your case, TRO is a motion (court filing) for preliminary injunction. Because government is clearly in violation of the law, you can ask court to decide the matter expeditiously.
 
GC_09_2003 said:
Hello,

Today my WOM case has been assigned to senior trial Judge Senior Judge Edward F. Harrington and Magistrate Judge Dein (Flaherty, Elaine). Any body has any idea about these guys? whether they are supportive of WOM cases?
Click to expand...

You avoided WOM unfriendly judge. In any case, I seriously doubt the case will linger for more than 1-2 months.
 
GC_09_2003 said:
Hello,

Today my WOM case has been assigned to senior trial Judge Senior Judge Edward F. Harrington and Magistrate Judge Dein (Flaherty, Elaine). Any body has any idea about these guys? whether they are supportive of WOM cases?
Click to expand...

my case is assigned to Douglas P Woodlock in Mass Dist Court
 
Latest Update

Lazycis and other gurus,

I went to Boston-CIS and asked about my green card. The IO told me that ,my file had been sent to NSC on Jan 26. He put 551 stamp on my passport for 6 months.

My WOM was filed on Dec 29, 2008. Shall I submit voluntary dismissal notice or wait till Feb 28, 2009?
 
watertown said:
Lazycis and other gurus,

I went to Boston-CIS and asked about my green card. The IO told me that ,my file had been sent to NSC on Jan 26. He put 551 stamp on my passport for 6 months.

My WOM was filed on Dec 29, 2008. Shall I submit voluntary dismissal notice or wait till Feb 28, 2009?
Click to expand...

Do not dismiss it until you get the card. They won't refund court fees if you dismiss the case early :) If AUSA contacts you, explain the situation.
 
lazycis said:
Do not dismiss it until you get the card. They won't refund court fees if you dismiss the case early :) If AUSA contacts you, explain the situation.
Click to expand...


Lazycis, Boston-CIS had sent AUSA a copy of the aproval letter last month and subsequently she filed the motion for dismissal. Its been more than a month and I haven't replied her MTD or filed proof of service yet. But the 60 days clock is ticking fast and it will end on Feb 28, 2009.
 
watertown,

It's better to be overzealous when you deal with USCIS. File proof of service and file an amended complaint. Just modify your original complaint by describing recent events and asking for a court order to issue I-551 card within 30 days. Title it "first amended complaint" and file with the court. No need to serve it to all defendants, just send it by regular mail/hand deliver it to AUSA and include certificate of service when you file complaint with the court. Cite these decisions in your support: Loa-Herrera v. Trominski, 231 F.3d 984, 988 (5th Cir. 2000) (“federal law guarantees LPR's certain rights of documentation they can use to prove, to potential employers and others, their right to be in the United States”); Etuk v. Slattery, 936 F.2d 1433, 1444 (2d Cir. 1991) (“The INA mandates that the Attorney General provide LPRs who register with proof of their legal status”).
Contact AUSA and explain what are you going to do and why.
 
Getting ready for WOM - should I?

Here's my timeline. Says something when timeline can't even fit into signature!!:eek:

DO - Baltimore

07/21/07 Sent I-485/130/765/693/G325a to Lockbox

01/17/07 Interview date. Office closed. :mad:

08/19/08 Rescheduled AOS interview. I-72 for
Birth Cert. & Divorce Decree originals

09/05/08 Docs sent via usps - signature request

09/05/08 Recieved by DO & signed for

10/07/08 Infopass. 2nd FP
'Approvable. In Final review' -supervisor

12/22/08 Raised SR 1

02/02/09 DHS-7001 to ombudsman
E-mail to Senator
Letter to USCIS Director

02/05/09 Raised SR 2

02/02/09 Reply from senators office and USCIS
"Awaiting requested evidence - BC and
Divorce decree before further processing
can resume" I SENT IT 6 MONTHS AGO!!! :mad::mad::mad:

02/03/09 conversation with Senator's
office-will help

Considering WOM
 
homealready, yes you should. I believe if I would have waited, it would still be waiting and lazycis is great at holding our hands through the process :)
 
Congrats cregan and mustafa, good luck to all others

Congratulations cregan and mustafa! I had been away, recovering from jet lag now. Lot of activity here, good luck to all who have taken action and are making things happen. Lazy and cregan, you guys are the best, helping and motivating others who need your help.
 
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