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

Hi LM,
Do include your wife as a plaintiff and FBI as a defendant. Your wife will have to sign all papers you file with the court, but she will get approval at the same time as you. I think it's a good reason to include her.

Thanks, lazycis.

I plan to file my wom next month and may need your more ideas and suggestions in the future. Have a nice weekend!
 
Hi LM,
Absolutely add your wife's name. Speaking from experience, after filing WOM my AOS was approved but when I asked AUSA about my wife's case, her response was that since she is not a named plaintiff, she won't be able to work with USCIS about her case. I ended up filing an amended complaint just to add her as plaintiff.
Hi Lazycis,

I have question concerning the plaintiff name. Do I need to put my wife's name as plaintiff also? I am the primary applicant of the I-485 and my wife is the derivation beneficiary. Also do I need to put the FBI on the defandants list? I was told both me and my wife's name check were already cleared when I did infopass at local office.

Thanks,

LM
 
Finally I was able to see light at the end of the tunnel.

My GC got approved on 04/01 and completed I-89 today. Thanks to folks who hang over in this forum and helping others. Million thanks to Jefkorn, Lazycis & Cregan.

Regards

hi, gc_09, congrats. Just wait until you get your card in your hand.
Me too, my process went on from 2000 until Feb 2009 and many of my friends got their Citizenship 3 years ago. But hey whatever let's enjoy it.
All the best.
 
I missed all of you - almost done with tax season :eek:

mustafa34kc, keep being a squeeky wheel ... I'm still tired from my squeekyness ...

hereismygc and GC_09_2003 - There's lots of good progress. I'm happy to see that!
 
I missed all of you - almost done with tax season :eek:

mustafa34kc, keep being a squeeky wheel ... I'm still tired from my squeekyness ...

hereismygc and GC_09_2003 - There's lots of good progress. I'm happy to see that!

hi, cregan, hope you are doing great; I filed my tax last month received my refund too :D

After my GC I visit often and wandering around the posts; if I know something of to answer and do answer for it; otherwise just check what kind of issues people are encountering and what pros are answering (bascially wandering on this forum on and off)

I live in Boston and would love to meet the pros jefkorn, lazycis, and you and gc_09 (like a tea party) just to say thanks and keep in touch.

Is it possible to meet all ? :)
 
Does anyone have any template for "intent to sue" that I can mail to DO Director, etc
My timeline indicates that I'm approved but I have 2 IOs told me on the phone that my case is still pending supervisor approval so I plan to go ahead with a suit after 30 days from my supposedly "approval" (3/26).

My case is similar to bOnd in that we were told that our case is approved pending supervisor approval and there is no progress.
 
I missed all of you - almost done with tax season :eek:

mustafa34kc, keep being a squeeky wheel ... I'm still tired from my squeekyness ...

hereismygc and GC_09_2003 - There's lots of good progress. I'm happy to see that!
Hi Cregan ..it is good to see you again on here. We missed you for sure. I am doing my best for sure. I am going to keep bugging them them for sure. Hopefully I will get my oath on the 21st of May :)
 
I believe filing a lawsuit is better than sending them the intenet to sue. For lawsuit you can read http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps


Does anyone have any template for "intent to sue" that I can mail to DO Director, etc
My timeline indicates that I'm approved but I have 2 IOs told me on the phone that my case is still pending supervisor approval so I plan to go ahead with a suit after 30 days from my supposedly "approval" (3/26).

My case is similar to bOnd in that we were told that our case is approved pending supervisor approval and there is no progress.
 
WOM - Visa available till end of April

I need help to file WOM... PD current till end of April. visas are un avaialble from May 1st. Is there any use to file WOM now? it's very short duration? I need some suggention and Attorney to work immidate to file wom. Please let me know
 
I need help to file WOM... PD current till end of April. visas are un avaialble from May 1st. Is there any use to file WOM now? it's very short duration? I need some suggention and Attorney to work immidate to file wom. Please let me know

Where do you live and how long you've been waiting? I assume you are in EB-3 ROW category. If you act fast, you may get a visa number reserved for you. File WOM asap, serve AUSA in person and file motion for preliminary injunction to reserve a visa number. You do not have a lot of time. If you decide to get an attorney, he/she has to act quickly on your case.
 
Laycis,

Do we have any right "preliminary injunction to reserve a visa number"?

is i have to file two saperate cases WOM and preliminary injunction to reserve a visa number?

Please can you suggest a attorney ?



Where do you live and how long you've been waiting? I assume you are in EB-3 ROW category. If you act fast, you may get a visa number reserved for you. File WOM asap, serve AUSA in person and file motion for preliminary injunction to reserve a visa number. You do not have a lot of time. If you decide to get an attorney, he/she has to act quickly on your case.
 
delayed fiancee visa processing

hello everyone, on march 18 2008, i filed a fiancee visa I 129-F for my fiancee in the philippines, it has been already over a year, and we still have not received our noa#2 or approval notice, everytime i call uscis at the vermont service center, they tell me that the processing of our papers have been delayed due to ongoing security checks, i have contacted my congressman, senator and uscis service request, infopass and have also written several letters to different officials but so far nothing has helped. i would like to know if i should file a writ of mandamus or should i wait a little bit longer? my fiancee and i have been together over 2 years now, and we are expecting our first baby this august 2009. please i need help.
 
hello everyone, on march 18 2008, i filed a fiancee visa I 129-F for my fiancee in the philippines, it has been already over a year, and we still have not received our noa#2 or approval notice, everytime i call uscis at the vermont service center, they tell me that the processing of our papers have been delayed due to ongoing security checks, i have contacted my congressman, senator and uscis service request, infopass and have also written several letters to different officials but so far nothing has helped. i would like to know if i should file a writ of mandamus or should i wait a little bit longer? my fiancee and i have been together over 2 years now, and we are expecting our first baby this august 2009. please i need help.

No need to wait more. File WOM and be done with it in a month.
 
Any chances that the wom may be denied? And will it hurt our case?

Judge can decide either way but it won't hurt your case.
USCIS has a duty to make a decision and to notify you.
See 8 CFR 214.2(k)(4): "The petitioner shall be notified of the decision..."
Such duty is enforceable via mandamus.
 
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Cregan,
Thanks for your help. You guys are great help to folks lost in GC Tsunami.
People leave the forum once their cases are approved. But you guys hang over here to help others. Really this is a terrific forum. I am in this forum since 2004 and would like to say, I would not have seen my approval w/o being here. Thanks to Rajiv Khanna for providing this platform.

I missed all of you - almost done with tax season :eek:

mustafa34kc, keep being a squeeky wheel ... I'm still tired from my squeekyness ...

hereismygc and GC_09_2003 - There's lots of good progress. I'm happy to see that!
 
hereismygc,

Thanks

My approval came exactly in-sync with your time line, except plastic card. But, now I am postive, it is just a matter of time. I asked my attorney not to file for dismissal until I get plastic card in hand. Today I received an email alert about case status, saying AUSA is seeking the time extention till 04/27. Hopefully I will get the card by that time.

I have had to post phone filing my taxes because of lack of plastic card. If I can get SSN for my son, I can claim $300 under 2008 economic stimulus plan. Last year I missed it because my son had only TIN. Any way I filed for tax filing extention and I will apply for SSN as soon as I get the plastic card.

Talk to you later and all the best to you too.

hi, gc_09, congrats. Just wait until you get your card in your hand.
Me too, my process went on from 2000 until Feb 2009 and many of my friends got their Citizenship 3 years ago. But hey whatever let's enjoy it.
All the best.
 
emilyidea, if you are in EB3, your PD is surely old enough. If your 485 has been pending long enough (> 1 yr should be ok, I suppose) you can file WOM. As lazycis advised, file WOM and the preliminary injunction asap. At least you can get your complaint in while your PD is still current -no one knows how long the retrogression will go. I was in the same situation 6 months ago and am still affected by retrogression as of now.

Where do you live and how long you've been waiting? I assume you are in EB-3 ROW category. If you act fast, you may get a visa number reserved for you. File WOM asap, serve AUSA in person and file motion for preliminary injunction to reserve a visa number. You do not have a lot of time. If you decide to get an attorney, he/she has to act quickly on your case.
 
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