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

hello every one I did received in the mail today latter from USCIS requesting more evidence and I will mail every thing by tomorrow .

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I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
requesting more evidence 04/13/2009
 
Hi GC_09_2003

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. I am looking for Attorney. Please let me know

GC_09_2003 said:
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.
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I have replied to jv8989@yahoo.com yesterady itself. Check the email & let me know if you need any help. If you live in Boston area, I can refer you to the attorney I am currently working with. He can file your case within 24 hrs, if you have all deatils handy.

emilyidea said:
Hi GC_09_2003

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. I am looking for Attorney. Please let me know
Click to expand...
 
Finally approved OMG

calibull said:
Thank you Lazy,

I'll post my draft as soon as I finish and I will bother you again and the others for a feedback.
:)

Cheers
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Guys, Lat time I posted I was working on my draft and I received a letter from the Ombudsman telling me that they were inquiring about my case, and I should have news within 45 days, I decided to wait so I could include the letter on my W of M and make my case stronger, but today I received a letter from immigration and I couldn't believe it .... they approved my GC and I will receiving it within the next 3 weeks ... after 4 years ... :eek:

I just want to thank Lazy and all the others because once I started reading all the posts (I red at least the last year .. complete) I decided to take the necessary steps and get prepared ... I wrote to my senator .... I wrote to the first lady ..... I wrote to the FBI .....I wrote to the Ombudsman ..... all of that just to make my W of M .... :D

For those of you new to this thread, don't hesitate and take the necessary steps to file .... just ask the right questions and read ... READ a lot.

Good luck to everybody.
 
My final post:

1) Married to USC on 12/2000
2) Applied for 1-130 04/2001
3) I-130 approved 04/2004
4) Applied for I-485 04/27/2004
5) FP 06/29/2004
6) Interview 12/12/2005
7) FP (again) 12/27/2005
8) FP (again) 03/11/2008
9) Wrote to senator / first lady / Ombudsman / FBI (all of them 01/2009)
10) writing my WoM draft 02/2009
11) APPROVED 04/2009 :D
 
Naturalization Case Motion to Dismiss

My attorney filed the case for review of denial of natz due to pending I-751. The I-751 was approved after the natz denial by USCIS. Now, the AUSA has filed a motion to dismiss and has denied every thing and alleges that natz application has died. That seems like above every law and rules. Did not expect that a lawyer will try to circumvent law. It is understood that USCIS makes mockery of laws but it is amazing to see a AUSA making the same mockery.

What is the next step? Is it standard procedure to file MTD. How to overcome the MTD. why they approve after filing the MTD. any comments?
 
smali said:
My attorney filed the case for review of denial of natz due to pending I-751. The I-751 was approved after the natz denial by USCIS. Now, the AUSA has filed a motion to dismiss and has denied every thing and alleges that natz application has died. That seems like above every law and rules. Did not expect that a lawyer will try to circumvent law. It is understood that USCIS makes mockery of laws but it is amazing to see a AUSA making the same mockery.

What is the next step? Is it standard procedure to file MTD. How to overcome the MTD. why they approve after filing the MTD. any comments?
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MTD is the most typical scenario (government rarely, if ever, admits any wrongdoing). You lawyer should file an opposition to MTD, then judge will decide. If MTD is denied by judge, I anticipate that USCIS will "voluntarily" reopen your N-400 and approves it.
 
lazycis, I filed mandamus action on March 18, 2009 against Janet Napolitano, Secretary et al (namely consul general Islamabad, PK) to compel the embassy to adjudicate my husband's I-130 Visa Application. I live in NYC, so our case was filed at the Pro Se Office SDNY. Judge Gardephe is the presiding over the case and I just received a "Notice of Pretrial Conference" What do I need to do? How do I respond? Can you provide me with a sample template? The pretrial conference is scheduled April 29, 2009 but I am instructed to submit a joint letter addressing the case. Please, I seek your advice.
 
SDNY Notice of Pretrial Conference

lazycis, I filed mandamus action on March 18, 2009 against Janet Napolitano, Secretary et al (namely consul general Islamabad, PK) to compel the embassy to adjudicate my husband's I-130 Visa Application. I live in NYC, so our case was filed at the Pro Se Office SDNY. Judge Gardephe is the presiding over the case and I just received a "Notice of Pretrial Conference" What do I need to do? How do I respond? Can you provide me with a sample template? The pretrial conference is scheduled April 29, 2009 but I am instructed to submit a joint letter addressing the case. Please, I seek your advice.
 
dksoh said:
lazycis, I filed mandamus action on March 18, 2009 against Janet Napolitano, Secretary et al (namely consul general Islamabad, PK) to compel the embassy to adjudicate my husband's I-130 Visa Application. I live in NYC, so our case was filed at the Pro Se Office SDNY. Judge Gardephe is the presiding over the case and I just received a "Notice of Pretrial Conference" What do I need to do? How do I respond? Can you provide me with a sample template? The pretrial conference is scheduled April 29, 2009 but I am instructed to submit a joint letter addressing the case. Please, I seek your advice.
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AUSA should prepare a joint statement and seek your consent. You may want to contact AUSA if you do not hear from him in a week or so.
 
Confused

I called the AUSA and she informed me that she would call the State Department to remedy the problem but could not promise me anything. I called the pro se clerk's office but the person did not seem to understand the process for Notice of Pretrial Conference. The letter states" Five business days before the conference the parties must submit a joint letter addressing the (1) a brief description of the case, including the factual and legal bases for the claim and defenses; (2) any contemplated motions and (3) the prospect for settlement". "The parties should also complete and submit a proposed Case Management Plan, which is available on the Court's website. The letter and proposed Case Management Plan may be submitted via fax "Can I just use the same pleading that I used in the initial complaint? e.g. the same caption and information. Do I send a copy to the presiding judge with a service of affirmation, to the pro se office, and to the defendants AUSA? I do not see a Case Management: Plan on SDNY website??:confused:
 
Joint Statement

Hope I cont appear to be asking stupid questions buy what is a joint statement as it applies to pretrial conferences?

Thanks
 
dksoh said:
Hope I cont appear to be asking stupid questions buy what is a joint statement as it applies to pretrial conferences?

Thanks
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Do not worry, it's a joint statement which means you and AUSA have to agree upon the text and file one statement. (If parties cannot agree, each side can present its story). AUSA will prepare it and will send it to you. Post it here and we'll give you advice whether any corrections are necessary. You make corrections and send it back to AUSA. AUSA files the final version with the court. The statement helps the judge to understand what progress has been made and how to proceed with the case. There will be no settlement in your case. AUSA will either file an answer or motion to dismiss your complaint. You can say that you are going to file a motion for summary judgment after AUSA moves. Be advised that you cannot sue consulates, but you definitely can sue USCIS and force it to make a decision on I-130.
 
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I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008 :confused:
requesting more evidence 04/13/2009 :)
evidence send to uscis 04/15/2009
 
lazycis, thanks for helping me and I will post any response that I may receive from the AUSA. However, I do wish to share the case with everyone here: SDNY 09 Civ. 2498 (PGG)

lazycis, you and other have empowered me to fight for justice when we were feeling so hopeless.
 
Filed WOM at NDIL today!
Special THANKS to lazycis and others who contribute generously to this forum!
I will post the result here in the future. Hopefully it will make USICS do something.

One question. The court clerk stamped all summons (2 copies for each defendant) with case number, judge's name and so on. However, she only affixed the court's seal on 1 copy for each defendant. Should I mail the copy with seal or without seal to defendant? How to fill the back of summons (return of service)? It asks for server's name, title, method of service, service fee, etc. The court clerk said I (as plaintiff) should NOT fill the return of service because I cannot be the server. Can I ask a family member to mail the summons/complaints for me and to fill the return of service? Thank you!
 
docaj said:
Filed WOM at NDIL today!
Special THANKS to lazycis and others who contribute generously to this forum!
I will post the result here in the future. Hopefully it will make USICS do something.

One question. The court clerk stamped all summons (2 copies for each defendant) with case number, judge's name and so on. However, she only affixed the court's seal on 1 copy for each defendant. Should I mail the copy with seal or without seal to defendant? How to fill the back of summons (return of service)? It asks for server's name, title, method of service, service fee, etc. The court clerk said I (as plaintiff) should NOT fill the return of service because I cannot be the server. Can I ask a family member to mail the summons/complaints for me and to fill the return of service? Thank you!
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COngrats on the first step! It does not really matter which copy you'll mail. I mailed summuns with the court seal. Make a copy of them before you mail. These copies will go to District US Attorney. You do not need to mail return of service to defendants. Keep it to be filed later with the court. Mail summons+complaint to defendants and District US Attorney via certified mail+return receipt (can be electronic). When you use USPS a mailman serves your summons, not you so you do not break the rules. When you get return receipts from USPS, stample them to return of service and file with the court.
 
WOM filing

Hi lazycis / Docaj

I am from India/ My PD 2001 and 140 approved. I-485 filed in 2002. and it was pending long time. Visa available till end of April.

I am ready to file my WOM ASAP- I need your help. I prepared draft copy. Can you guys please review my compliant?

I want to file immediately, so which is the best option ? (online or paper filing) and what are their procedures?

Thanks
 
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