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

Shugemama,

Are visa available for your PD in May'09 bulltin ?
Are you under EB2 or EB3 ? Please let me know.

Thanks



Shugemama said:
Hi,

I had court hearing today for my wom case. Before the court started, an AUSA came to me, asked my name, and said he want to talk to me outside of court for a while. My husband and I followed him to the outside, he told us that USCIS chicago office gave him the information that they still need an information from FBI, and it would be taking 1 week. and then, our cases(My husban's, mine and my daughter's) would be approved. the attoney asked us if it is O.K. for him to ask Judge to give him 30 days to process our cases. We agreed. At the time we got to the Judge, the AUSA discribed the case, and he did ask for 30 days, but the Judge said better to give him 45 days. The Judge asked us if we agree, we said yes. We think we have been waiting for this for more than 4 years, we don't mind waiting for another 45 days. The ASUA then asked my e-mail address, said he will send me message about the progress.
It seems quit simple, and we did not said anything infront of the Judge. I chosse to trust the AUSA, he seemed very nice to us. By the way, my daughter(17 years old) went with us but the AUSA said she doesn't have to be there. Next court hearing was set on June 9th, but the ASUA said if the decision made before that, we don't have to be there anymore.

Thanks all of you here who helped me and answered my questions. I will post any progress once I get from the AUSA.
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shermanco said:
jefkorn, lazycis help please

can you explained to me this thing .

* dead line for FRCP 26 (F) conference 04/22/2009
* initial disclosures Pursuant To FRCP 26 (a) (1) 4/29/2009
* combinted joint status Report and discovery Plane as required by FRCP 26 (f)
Local rule CR16 5/06/2009
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Work with AUSA to prepare joint status report. I do not think you need to file initial disclosure. Read Shugemama's report about the conference, it's a very simple procedure.
 
Hi Lazycis, jefkorn:

What's the correct mailing address of USCIS director and Texas Service center director?

Also do I need and add the "office of general counsel" for the secretary of DHS like the following?

JANET NAPOLITANO
Secretary of the Department of Homeland Security
Office of the General Counsel
U. S. Department of Homeland Security
Washington, D. C. 20528

MICHAEL AYTES
Acting Deputy Director of the
United States Citizenship and Immigration Services

DAVID ROARK,
Director of the Texas Service Center
United States Citizenship and Immigration Services

Thanks again for your big help.

LM
 
USCIS Texas Service Center
4141 St. Augustine Rd.
Dallas, TX 75227

DHS address is correct. Use it for USCIS director.
 
Hi friends,
Just wanted to give you an update on my case. My last post was sometime in January. At that time, I was contemplating if I should file a WOM for my wife's AOS as it was about 1 year that we filed and her application was pending. In Feb'09, we recieved an interview letter for her, and interview was in March'09. The interview went well and we received her GC in about one week of interview date. So I am glad that we did not file the WOM. Her GC took about 1 year and 3 moths to get approved. Of course, my citizenship was granted only after I had filed a WOM.
LazyCis, good to see you are still in the forum. I check this forum once in a while due to nostalgic feelings (but usually don't make any postings). Still remember those times when I was feeling so dejected when it was about 10 months since filing my WOM for citizenship, and things kept pushing out. This forum gave me hope at that time and renewed my energy level. I wish the best of luck to all those who are in the state of limbo right now. My advice, just don't give up. You will get what you want (because you want justice).
 
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.
 
Could an answer be used for dismissal bu AUSA

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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There has been a little progress. Actually the answer AUSA ask at the end to dimiss the case. Its not a full MTD but the answer requesting dismissal and denial. My attorney is still in the mood not to litigate, so filing a motion for summary judgment is still pending. My case is being handled by two law students (interns) from AUSA office and they are bungling it up royally. Can I ask court to remove them from my case? One of the law students called my lawyers and offered that if I let her speak to my ex-wife to ascertain my good moral character, she will ask the AUSA to request CIS to open and approve my N-400. So, far I have refused their request. My lawyer said I could not be placed in removal proceedings any more, as my I-751 waiver was already approved. What is my position here. I would like to ask any one and especially Lazycis. Can I go for trial? Change my attorney? or re-file my N-400. what are the repurcussions of any of these actions? any other action I could take? may be request my ex-wife to be kind to me and my new family? anything?
 
Hey Guys .. I have a question to ask ... I came home today to find a citation from the city for having yard waste bags on the curb before the pick up date. They set up a court date on June 18. Is this something I should be worried about before my oath next month ? the neighbors got the same ..:-(
 
mustafa34kc, OMG ... what would agencies not do to increase their budget?,.. seems like they are trying new things left and right. Hope it's ok.
 
cregan said:
mustafa34kc, OMG ... what would agencies not do to increase their budget?,.. seems like they are trying new things left and right. Hope it's ok.
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Thank you Cregan ...Kansas City is facing a big deficit and that how they try to make money .. The thing is they never left a warning and who really knows all the city rules and code ? I hope it really does not have any impact
 
Appeal it

mustafa34kc said:
Hey Guys .. I have a question to ask ... I came home today to find a citation from the city for having yard waste bags on the curb before the pick up date. They set up a court date on June 18. Is this something I should be worried about before my oath next month ? the neighbors got the same ..:-(
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sorry to hear this .. but you can appeal this thru...municode.com/resources/gateway.asp?sid=25&pid=10156
 
Mohd_mizzou said:
sorry to hear this .. but you can appeal this thru...municode.com/resources/gateway.asp?sid=25&pid=10156
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Thank you Mohd_mizzou .. I am just not sure what impact this will have though on my oath ? I just hope it is not an issue ? The few people next door got these citations too and we are not happy about it for sure. :mad:
 
mustafa34kc said:
Hey Guys .. I have a question to ask ... I came home today to find a citation from the city for having yard waste bags on the curb before the pick up date. They set up a court date on June 18. Is this something I should be worried about before my oath next month ? the neighbors got the same ..:-(
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You should check "Yes" for the following question on your oath letter:

3. Have you knowingly committed any crime or offense, for which you have not been arrested; or have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations.

If possible, go to the court, pay the fine (to close the case), and bring that letter to your oath ceremony. If your citation is not closed by the court, USCIS may reschedule your oath. If I were you, I would do the above.
 
mt100 said:
You should check "Yes" for the following question on your oath letter:

3. Have you knowingly committed any crime or offense, for which you have not been arrested; or have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations.

If possible, go to the court, pay the fine (to close the case), and bring that letter to your oath ceremony. If your citation is not closed by the court, USCIS may reschedule your oath. If I were you, I would do the above.
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Thank you mt100. I was afraid of that.I called the court and asked them about what I need to do. They do not have my ticket information in the system yet. I hope they will allow me to have a court date prior to my oath ceremony so I can get this taken care of before then.
 
smali said:
There has been a little progress. Actually the answer AUSA ask at the end to dimiss the case. Its not a full MTD but the answer requesting dismissal and denial. My attorney is still in the mood not to litigate, so filing a motion for summary judgment is still pending. My case is being handled by two law students (interns) from AUSA office and they are bungling it up royally. Can I ask court to remove them from my case? One of the law students called my lawyers and offered that if I let her speak to my ex-wife to ascertain my good moral character, she will ask the AUSA to request CIS to open and approve my N-400. So, far I have refused their request. My lawyer said I could not be placed in removal proceedings any more, as my I-751 waiver was already approved. What is my position here. I would like to ask any one and especially Lazycis. Can I go for trial? Change my attorney? or re-file my N-400. what are the repurcussions of any of these actions? any other action I could take? may be request my ex-wife to be kind to me and my new family? anything?
Click to expand...

Answer is somewhat better than MTD. AUSA can ask for a dismissal i an answer, that's normal. Your lawyer has to file motion for summary judgment now. Trial is necessary when there are disputed facts, that's not your case. Your case will be resolved via motions.
 
Hi All,

Today I received a letter from the court titled "Order - 09-CV-1550(ARR)(LB)". It's bascially from the U.S Magistrate Judge listing the rules. Here's what it says.

"The Honorable Judge Allyne Ross assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Both petitioner and respondents are required to follow them. Petitioner is to provide a copy of this Order and the enclosed rules to respondents along with the summons and petition."

My questions is, as I have already mailed summons and complaint to the defendants, do I really need to send this? I haven't seen this discussed in the forum before. If I have to send it then how do I do that? Can you guys please point me in the right direction. Help is appreciated.
Another question, as you can read the names of the judges, how is their record on immigration cases? Are they tough on such cases?
 
Update on my WOM filed in Chicago on 4/16.

I have received most return receipts. Today I also received a fingerprint notice sent from TSC on 4/22/09. My last fingerprint was done >2 years ago and has expired already. On 4/16, in addition to mailing Complaints/Summons to TSC, I also called TSC and a lady said she would request a fingerprint and I should expect to get fingerprint notice in 3 months. So the notice I got today could be due to WOM, or simply due to my phone call.

Anyway, will do the fingerprint next week and see what happens.
 
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