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

jab1976 said:
do you have your copy of the noa# 2 for both your I-130 and your I129f? how can your papers be in security checks if uscis already approved your petition.[/QUOTE


thank you
yes I do have my approval notice in hand for both case . and my case still in security check . believe me .
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that does not make any sense, how can uscis approve a case and still has it in security checks, maybe the case has already been sent to nvc, and it is at the ncv where the case is being held by security checks? i filed a writ of mandamus for my fiancee visa that has been pending ove 1 year, and it worries me to see what is happening to you? what did uscis said when you ask them about your case?
 
thank you
yes you are absolutely right this is doesn't make any seance to any one .
after I got my approval a week latter I a start to call NVC day and night to see if they receive my case but no luck and when I call USCIS they keep tell me my case has been transfer to NVC and this going on every day finely decide to call my congressman and I attached my both USCIS approval with the letter . he call me fraiday the 29 and he tell me the worries new
:mad::mad::mad::mad::mad::mad::mad::mad::mad::::mad:
 
I will contact my lawyer on Monday to see my option if I have in option .and if i have to do another mandamus I will do it believe me because this p/s , do you agree with me ?
 
but you know what, dont listen to what the congressman said, he probably got the wrong info, i am sure your case is fine and is ready to be sent to the nvc, uscis probably has not updated your case status on their system, and that's why they told your congressman that your case is in security checks, contact your attorney, and have your attorney contact the us attorney's office, and let the us attorney know what the status of your case, the us attorney will contact uscis and transfer your case to the nvc,i am sure by that time , your case will be at the nvc. good luck and stay positive, everything will be fine, you already got your approval from uscis, now it's time to move on to the nvc.
 
jab1976 said:
but you know what, dont listen to what the congressman said, he probably got the wrong info, i am sure your case is fine and is ready to be sent to the nvc, uscis probably has not updated your case status on their system, and that's why they told your congressman that your case is in security checks, contact your attorney, and have your attorney contact the us attorney's office, and let the us attorney know what the status of your case, the us attorney will contact uscis and transfer your case to the nvc,i am sure by that time , your case will be at the nvc. good luck and stay positive, everything will be fine, you already got your approval from uscis, now it's time to move on to the nvc.
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I hope so like I set to you this happen on friday I will update you you with all the info next week if is any change happen to my case .:confused::confused:
 
Decision can not be made

HI All.

I had my interview today, but at the end I got a pierce of paper saying that decision can not be made due to background check, the officer told me that was not name check (which I know my name check was cleared). She told me that check probably will be run within days. But what that check can be? Anybody has the similar situation?
 
Hi Guys !!! I am now a U.S. Citizen with your help. Now that I am done with the Naturalization, I need to ask a question. I had received a letter from AUSA (it has been CC'ed to me) requesting the Judge to dismiss the case. The exact wording is "It is respectfully requested that this action be dismissed as moot". I wanted to find out if I need to do anything at this point? Do I need to file anything or the case will automatically be dismissed? Can someone please explain?
 
b0nd said:
Hi Guys !!! I am now a U.S. Citizen with your help. Now that I am done with the Naturalization, I need to ask a question. I had received a letter from AUSA (it has been CC'ed to me) requesting the Judge to dismiss the case. The exact wording is "It is respectfully requested that this action be dismissed as moot". I wanted to find out if I need to do anything at this point? Do I need to file anything or the case will automatically be dismissed? Can someone please explain?
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Congrats B0nd ... you do not have to do anything. I did not do anything to dismiss my case. The AUSA took care of it. It took them about a month or so to dismiss the case. I did receive a call from the judge clerk assigned to my case to confirm that my case was resolved and that was it.
 
Congrats Mustafa and B0nd! Well done!
No need to do anything to dismiss a lawsuit, you've got what you wanted!
 
Hello All,

I am new to this forum, I am contemplating on filing a WOM for my I - 485, as you can see from my signature, my priority is not current starting yesterday, any suggestion on how to go about this, any good lawyers? Can I do it myself, does it make sense to file a WOM while priority date is not current.

Thanks for your input.
 
Need further help

Hi lazycis/Jefkorn or all,

You guys know i was filed WOM in April. Now court asking for amendment. Please can you look attached response from court and need your suggetion to follow further.

Thanks,
 
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emilyidea,
Without looking at your Complaint doc., are you missing the jurisdiction piece? Essentially court is asking you to submit an amended complaint where you should include arguments to convince the court that it has jurisdiction over your case. You can look at some sample complaints in the forum and look at Jurisdiction section. There's nothing special about submitting an Amended Complaint, you just give it a title "First Amended Complaint" and file it with the court of course only after including the Jurisdiction related arguments.
emilyidea said:
Hi lazycis/Jefkorn or all,

You guys know i was filed WOM in April. Now court asking for amendment. Please can you look attached response from court and need your suggestion to follow further.

Thanks,
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Hi, gcseeker28. It'd be easier to file your WOM with a current PD, as USCIS would use visa number as an excuse for sure. I filed my WOM last September right before PD started retrogressing again and USCIS has been using PD as an excuse. My case was eventually dismissed by the district court for unavailability of visa numbers. I am thinking about appealing - it is going to be a long hard fight.

You could start preparing now and file as soon as PD becomes current.

Anybody else have suggestions for gcseeker28?

gcseeker28 said:
Hello All,

I am new to this forum, I am contemplating on filing a WOM for my I - 485, as you can see from my signature, my priority is not current starting yesterday, any suggestion on how to go about this, any good lawyers? Can I do it myself, does it make sense to file a WOM while priority date is not current.

Thanks for your input.
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Thanks Ivla for the info, I have seen few posts where in people were suggesting that based on the fact that priority date was current and USCIS did not act on it, we can file the WOM and have 2 things accomplished.

1) Pre-adjudicate the case i.e. everything done expcept that visa number is not alloacated.
2) Some folks say sue state dept as well and let them pre-assign a visa number for u, not sure what this means, does this mean, visa date will be given when they are available however one is given to you while it is pending?

Hence I am thinking I should file a WOM.

Appreciate any advice.
 
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