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

lazycis said:
Sounds encouraging. AUSA will try to resolve it because it's much easier for AUSA to push USCIS than to fight the case in court.
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Thank you Lazycis ... I have explaind to him my situation. I am going overseas end of June to get married and my 120 days will be up when I am overseas. I have explained that to the IO who interviewed me and she told me it should be done before I leave. I am not sure if I should believe her or not. I thought they were not doing any interviews withouth the full file being there...:confused:
 
mustafa34kc, I'm sorry to hear that. I hope it will be resolved soon. I'm sad it happened. When USCIS de-scheduled I immediately contacted the AUSA and I'm sure it's because of her that I had my interview stay on the schedule. Keep us in touch
 
cregan said:
mustafa34kc, I'm sorry to hear that. I hope it will be resolved soon. I'm sad it happened. When USCIS de-scheduled I immediately contacted the AUSA and I'm sure it's because of her that I had my interview stay on the schedule. Keep us in touch
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Thank you Cregan and Vital .. I was really shocked when I heard the words form the IO officer. The AUSA sounded promising when I talked to him. Hopefully he will be able to get something resolved. I am not sure if I needed to contact anyone else to get the case moving. I will keep you guys updated on my progress. Keep me in your prayers and thoughts .. Thank you very much
 
Lazycis, I'd really appreciate if you could respond to my questions below. I do not want to make any mistakes dealing with the Courts and USCIS.


b0nd said:
I am preparing my 1447(b) documents. Are there any latest sample Summons and js44 available on the forum or elsewhere? I found some that are posted at the start of this thread and they are way too old. As I have 0 knowledge of the law so I do not want to mess up anything. I'd appreciate if I can get some help.
As I will be mailing the complaint, I wanted to know how will the Summons process work. Can someone please explain? Do I just fill all the Summons and include them with the complaint being sent to the Court? To my understanding and from what I gathered from the forum the Court will return the Summons with the case number and stamp and then I will include necessary paper work (Complaint and exhibits) with the Summons and mail them to defendant?
About the sample Complaint template for 1447(b) posted on wikipedia, is it up to date and does it have all relevant laws correctly mentioned in it or do I need to make any changes to it?
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Thanks lazycis. It's much clear now. I believe there should be a FAQ section.
One last thing, the sample complaint template for 1447(b) posted on wikipedia, is it up to date and does it have all relevant laws that apply to my case correctly mentioned in it?
 
my friend filled in 2002 for citizenship........and still hasn't been approved. apparantly, we understand that the USCIS lost his files. what can i tell him to do?
 
thomas5 said:
my friend filled in 2002 for citizenship........and still hasn't been approved. apparantly, we understand that the USCIS lost his files. what can i tell him to do?
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It may be easier to file a new application at this point. Did he do any inquires since 2002?
 
Hi Guys .. I have a question .. I contacted the AUSA on Tuesday about my case and he said he will make some calls and get back with me. I still have not heard back from him. When do you think I should call him back ? Also, would it be beneficial to call the USCIS 800 and speek with an IO ? I did send a request yesterday to USCIS OMBUDSMAN and this morning I sent a new request to my senator to help me out.
 
PD 2001, finally started preparing for WOM

My PD is 2001. I know, I get :eek: when I say that. So finally I started preparing for WOM. I will need lot of help from here. Thanks in advance for your help!

My 485 was filed at the end of 2006, now I've waited 2 years 4 months. I have 2 responses from USCIS service request (the same 'delayed due to background check, contact us after 6 months' crap), one infopass receipt (the officer told me everything is ready on my case, no sure why it's not adjudicated). I had just sent letters to the congressman and 2 senators yesterday. Planning on sending letters to the first lady and FBI this week. I have some questions now:

1. How long should I wait before I file the WOM? Assuming soon I should get one or two responses from those offices that I wrote to. Do I need to write to more people?

2. There is one complication in my case: I used labor substitute. But I didn't take any advantage. My own labor was also filed in 2001 and by 2006 it was still stuck in BEC. At that time my employer had another labor approved and the employee was long gone, so they gave it to me. 140 approved without issue. That Labor was in MA and I live in CA. I am a consultant who works at client's site. Per company lawyer's suggestion, I worked in some east coast projects for a year. Company didn't change my payroll, they still shows that I am a California resident.

Then 1.5 years after 485 was filed, I moved back to CA. USCIS had already issued an RFE asking for current employment status. My lawyer responded saying title and duty are the same for the past 8 years. I moved 1.5 years after 485 filing, per AC21 this is ok.

But, do you think this might be a problem? Does USCIS 'discriminate' labor substitute?

Thank you again!
 
Mustafa,
I would suggest giving AUSA some time may be until middle of next week and then call back or better yet, send an email politely asking if he had an update from USCIS. Regarding speaking to IO, it doesn't always produce results.
mustafa34kc said:
Hi Guys .. I have a question .. I contacted the AUSA on Tuesday about my case and he said he will make some calls and get back with me. I still have not heard back from him. When do you think I should call him back ? Also, would it be beneficial to call the USCIS 800 and speek with an IO ? I did send a request yesterday to USCIS OMBUDSMAN and this morning I sent a new request to my senator to help me out.
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OhReally,

I think you have good enough proof of efforts to get your AOS resolved.

1. Sadly for the purpose of WOM, your delay will be counted from I-485 filing date. Typically anything over two years is good point to file but then even 18 months mark is not bad to go for WOM. Having proof of exhausting your efforts in the form of letters etc to concerned departments/officials is important but if you can't wait any more, I would send bunch of letters at once and not necessarily wait for their responses and mention in your Complaint that you wrote to such and such and haven't received reply as of MM/DD/YYYY.

2. I don't know if USCIS discriminates against labor subs. But just so that you know normally adjudicating I-485 doesn't involve looking all the way to labor esp. if you I-140 has already been approved.

Good luck!

OhReally said:
My PD is 2001. I know, I get :eek: when I say that. So finally I started preparing for WOM. I will need lot of help from here. Thanks in advance for your help!

My 485 was filed at the end of 2006, now I've waited 2 years 4 months. I have 2 responses from USCIS service request (the same 'delayed due to background check, contact us after 6 months' crap), one infopass receipt (the officer told me everything is ready on my case, no sure why it's not adjudicated). I had just sent letters to the congressman and 2 senators yesterday. Planning on sending letters to the first lady and FBI this week. I have some questions now:

1. How long should I wait before I file the WOM? Assuming soon I should get one or two responses from those offices that I wrote to. Do I need to write to more people?

2. There is one complication in my case: I used labor substitute. But I didn't take any advantage. My own labor was also filed in 2001 and by 2006 it was still stuck in BEC. At that time my employer had another labor approved and the employee was long gone, so they gave it to me. 140 approved without issue. That Labor was in MA and I live in CA. I am a consultant who works at client's site. Per company lawyer's suggestion, I worked in some east coast projects for a year. Company didn't change my payroll, they still shows that I am a California resident.

Then 1.5 years after 485 was filed, I moved back to CA. USCIS had already issued an RFE asking for current employment status. My lawyer responded saying title and duty are the same for the past 8 years. I moved 1.5 years after 485 filing, per AC21 this is ok.

But, do you think this might be a problem? Does USCIS 'discriminate' labor substitute?

Thank you again!
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Last edited by a moderator:
jefkorn said:
Mustafa,
I would suggest giving AUSA some time may be until middle of next week and then call back or better yet, send an email politely asking if he had an update from USCIS. Regarding speaking to IO, it doesn't always produce results.
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Thank you Jefkorn.. I believe we are on the same page. I will give him sometime to look things up hopefully by the time I call him, he will have some good news or even better I will have an answer from USCIS waiting for me in the mail. Do you think I should have my papers ready to file after the 120 days are over now and my current case would be enough for that ?
 
jefkorn, thank you very much for the prompt reply. Yeah I know my PD doesn't help much. It's the 485 RD. That's why I waited till now (2+ years after 485 RD). I think this week I will send letters to the first lady, FBI and the DHS Ombudsman's office, and then wait for a couple months or so while I study the whole WOM process. After all, I've waited 8 years, wouldn't mind waiting for a couple months more.

Should I send an 'Intend to sue'?

By the way as I read this mega thread, I saw people talking about certain district is friendly/unfriendly to this kind of cases. I am in CALIFORNIA CENTRAL District, is that good or bad?


jefkorn said:
OhReally,

I think you have good enough proof of efforts to get your AOS resolved.

1. Sadly for the purpose of WOM, your delay will be counted from I-485 filing date. Typically anything over two years is good point to file but then even 18 months mark is not bad to go for WOM. Having proof of exhausting your efforts in the form of letters etc to concerned departments/officials is important but if you can't wait any more, I would send bunch of letters at once and not necessarily wait for their responses and mention in your Complaint that you wrote to such and such and haven't received reply as of MM/DD/YYYY.

2. I don't know if USCIS discriminates against labor subs. But just so that you know normally adjudicating I-485 doesn't involve looking all the way to labor esp. if you I-140 has already been approved.

Good luck!
Click to expand...
 
lazycis, Here's my final list of defendants. Can you please confirm if it's correct.

Michael Aytes, Director U.S. Citizenship and Immigration Services;
Andrea J. Quarantillo, District Director, U.S. Citizenship and Immigration Services. New York;
Janet Napolitano, Secretary of the Department of Homeland Security;
Eric H. Holder Jr, Attorney General U.S Department of Justice;
Robert S. Mueller, III, Director of the Federal Bureau of Investigation;
Benton J. Campbell, U.S. Attorney for the Eastern District of New York
 
lazycis, I have included U.S. Attorney for the Eastern District of New York as defendant, what law applies in this case?


Marty_the said:
Thanks guys.

Now the 1447b template that the wiki page has does not include the AG as defendant. So there is nothing under Parties about AG. I found below info under Parties section of the complaint on another example:

Attorney General of the United States, has been conferred the authority to naturalize persons as citizens of the United States by INA § 310(a), 8 U.S.C. § 1421(a), and is sued here in his official capacity.

Will this above statement still be good for me to include? I guess I do not really know what these INA § 310(a), 8 U.S.C. § 1421(a) mean.
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bond,

Aytes is Acting Director.
Also, while you need to prepare summons for Benton J. Campbell and serve summons and complaint to his office, there is no need to include him as a defendant.
 
I would say don't wait longer and start preparing WOM as just waiting won't do much good. 2+ years is just fine.

Judging from the forum posts, sending "Intent to Sue" letter has not been effective in the past . But it doesn't hurt, it "MAY" do you some good but I have my doubts. In any case, it will be a good exhibit in your docs. regardless of its effectiveness.

CA is WOM friendly, not sure if central CA in particular has been known to be unfriendly. Don't worry about it too much.
OhReally said:
jefkorn, thank you very much for the prompt reply. Yeah I know my PD doesn't help much. It's the 485 RD. That's why I waited till now (2+ years after 485 RD). I think this week I will send letters to the first lady, FBI and the DHS Ombudsman's office, and then wait for a couple months or so while I study the whole WOM process. After all, I've waited 8 years, wouldn't mind waiting for a couple months more.

Should I send an 'Intend to sue'?

By the way as I read this mega thread, I saw people talking about certain district is friendly/unfriendly to this kind of cases. I am in CALIFORNIA CENTRAL District, is that good or bad?
Click to expand...
 
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