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

OttawaSenators

Registered Users (C)
3/31/17: WOM complaint filed by my lawyer.
4/18/17: Judge ordered: "ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service."
4/20/17: Summons submitted by my lawyer to all defendants.
6/13/17: Summons re-submitted by my lawyer to all defendants plus AUSA. (Still don't know why the lawyer had to re-submit)
7/3/17: USCIS issued RFE to re-do the medical exam that had expired.
8/1/17: USCIS transferred my I-485 from NSC to NBC. (probably wanted to schedule an interview; I told my lawyer to give them only a 30 day extension to do whatever interview they want to do or else we go to court hearings)
8/11/17: AUSA told my lawyer USCIS is trying to adjudicate the case before court deadline of 8/18/17.
8/14/17: USCIS transferred my case once again. (Still don't know where to but probably a center that has adjudication power because NBC doesn't).
8/16/17: Case was approved.
8/17/17: Lawyer says he's got a copy of approval from AUSA and wants to jointly dismiss the lawsuit.
 
3/31/17: WOM complaint filed by my lawyer.
4/18/17: Judge ordered: "ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service."
4/20/17: Summons submitted by my lawyer to all defendants.
6/13/17: Summons re-submitted by my lawyer to all defendants plus AUSA. (Still don't know why the lawyer had to re-submit)
7/3/17: USCIS issued RFE to re-do the medical exam that had expired.
8/1/17: USCIS transferred my I-485 from NSC to NBC. (probably wanted to schedule an interview; I told my lawyer to give them only a 30 day extension to do whatever interview they want to do or else we go to court hearings)
8/11/17: AUSA told my lawyer USCIS is trying to adjudicate the case before court deadline of 8/18/17.
8/14/17: USCIS transferred my case once again. (Still don't know where to but probably a center that has adjudication power because NBC doesn't).
8/16/17: Case was approved.
8/17/17: Lawyer says he's got a copy of approval from AUSA and wants to jointly dismiss the lawsuit.

Many Congrats! and thank you for your contribution to this forum.
 
Hello everyone!

We have filled a WOM against USCIS for a pending EB-3 adjustment of status. We have been current since 2015. Our lawyer officially filed the WOM against USCIC (TSC) on May 12, 2017. 90 days have passed and we didn't get any response until last Aug 23rd.

The judge has given the following order: Wednesday, August 23, 2017
Order to Show Cause/Order to Answer
Order: Plaintiff is hereby directed to effect service on Defendants Donald Neufeld; James McCament; Tony Bryson; Tracy Tarango; and John F. Kelly by 9/21/2017, or show good cause in writing for the failure or inability to effect service. (Ordered by Judge)


I called my lawyer and he is based in California. During our conversation, I was told that they received an order to re-submit the same documents and then later on reverted to stating that there was something missing? Not sure if he meant the summon or some other document. Apparently, Texas does things different vs California . He said what we have already submitted would already be accepted in their state.

I am starting to get worried because I am unsure if the 90 days that passed will go to waste.. has anyone of you had similar instances where the judge ordered to resubmit the "document"?

Any insight would help. thanks!
 

OttawaSenators

Registered Users (C)
That sounds similar to my case. My lawyer was also based in CA and I live in AZ. He had to resubmit the summons. 60 days got wasted in my case.
You can see more details about your case if you sign up for pacer.gov. There is a fee for it of course.
 
yes! i actually read your case and I'm glad your wait is finally over! I think yours was missing a person and ours may be an actual document. My lawyer didn't really disclose..

As for the PACER, I do track it online, but I never managed to open the documents. I may have to play around to successfully access them!
 
Thanks for letting me know! And I just opened the document:

This action was filed on May 12, 2017. More than 90 days have passed, and the Clerk’s docket sheet reflects that no service has been made on Defendants Donald Neufeld; James McCament; Tony Bryson; Tracy Tarango; and John F. Kelly. When service is not made on a defendant within 90 days after the filing of the complaint, the court may, after notice to the plaintiff, dismiss the action as to that defendant without prejudice or instruct the plaintiff to effect service within a specific time. Fed. R. Civ. P. 4(m). Plaintiff is hereby directed to effect service on Defendants Donald Neufeld; James McCament; Tony Bryson; Tracy Tarango; and John F. Kelly by September 21, 2017, or show good cause in writing for the failure or inability to effect service. Failure of Plaintiff to effect service or show good cause by this date will result in dismissal of this action without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.

It seems like my lawyer didn't complete all required "services" per judge's note on "no service has been made" and can be dismissed as it has been more than 90 days since filing. Good thing is, my lawyer confirmed that they have immediately done the action required, but it seems like it will take another 60 days before we hear back from them...

I guess we just have to wait a few more months! :(
 

OttawaSenators

Registered Users (C)
I know it sucks :(
Were you forced to use your employer/sponsor's lawyer? I was and I didn't like it a bit. I wanted to hire Murthy law firm in DC and they charge almost half of Fragomen. Plus they have done so many WOM's that there is no way they make mistakes like this. The only problem with Murthy is they file WOM's in Washington DC. So if you go all the way to court hearings, you'll need to fly out there and take time off. WOM can be filed either in your state's US District court or in capital's central District Court.
 
So I received an update from Ombudsman via an email, and below was their response:

"In response to our inquiry, U.S. Citizenship and Immigration Service (USCIS) indicated your file was recently transferred from the San Jose Field Office (SNJ) to the National Records Center (NRC) in response to a request under the Freedom of Information Act (FOIA). Once SNJ receives the file back, it will be able to provide an updated status on your naturalization application".

Does anyone had similar situation? This is strange because my initial N400 interview was canceled on June 5th, 2017 stating that my file didn't made it to the field office. But per their response, looks like my file was actually at the field office?

Secondly, I was not aware of the fact, that once I submit a request for FOIA (my file will be transferred to NRC)? I currently filed 2 different requests (FOIA - USCIS & FBI).

Will appreciate your feedback and suggestions.

Thanks all!
 
Hello OttawaSenators! So this was actually not the company lawyer. it was referred by the friend we filed the WOM with and we just found out the reason behind the judge's order. Apparently, Texas court requires the summons to be sent via "certified mail." Which is sad, because we are now having to wait another 60 days... the 1st 90 days was basically put to waste :/
 
Experts,
Just found this forum, my case is as follow, please advise if I can file a WOM to expedite my case.
Case: EB-2 based 485, priority date has been current since filed
filed: 5/6/16 to NSC


After that:
since Feb 17 – opened 3 Service Requests in total: answer case under addition review

Dec 16, May/Oct 2017 – 3 info passes : get told that FBI background check clear since May 16

July 2017 – ombudsman office : case is being actively reviewed, but at the same time, 1st congressman reply indicates that the additional review is still in progress.

Oct 2017 – Made a 2nd Congressman inquiry: the additional review was completed, case was transferred to NBC.

I don't fear the interview at all, but I simply want to expedite the interview, I am living in the bay area, and since there are so many EB cases here, I'm worried that I may wait another 6 months or so just for an interview, I have already wasted 18 months with CIS and after their so called "additional review", they still need an interview to figure out my case.

I really want to accelerate that interview process by filing a WOM, please let me know if I should do so, experience like filing a WOM after your cases was transferred to NBC will be highly appreciated.

Thank you all,
Alex
 
All:

I need guidance on how to file WOM Pro se. I am not able to access any documents uploaded here. Any help will be truly appreciated.

Details:

DO: Washington DC/Fairfax, VA
Filed my parents N-400 with N-648 (due to Alzeimer's): 10/12/2016
First interview scheduled: April 10, 2017 (interview notice never received)
Second interview: May 31, 2017 -- IO rejected the N-648 since the form became outdated and the officer claimed that the effect of Alzeimer's was not explained on the form.
Third interview: Aug 8, 2017 -- we provided another N-648 form. This time the N-648 was accepted. I was the translator for them. Interview went well. A question was raised about their 2 extended stay out of the country. One stay was from 2011-2012 (8 months), 2nd was from 2013-2014 (10 months).

RFE issue: Aug 3, 2017. I/O issued RFE for abandonment of residence.
RFE Response: Aug 31, 2017. We responded (hand delivered) with Lease agreements where parents are listed as tenants, tax returns from 2011 to 2014 where they have been claimed as dependents. Also, I am their only child who is a US Citizen and have lived in the US for last 20 years.

There has been no update on their case since then. Made 2 infopass, 2 online inquiry, reached out to Senator Kaine's office. Receive the same response.

"U.S. Citizenship and Immigration Services (USCIS) records confirm that your case is pending at this time and is under extended review. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. We are unable to determine at this time when the review process for your N-400 will be completed. If you do not receive a decision or other notice of action from us within 60 to 90 days of this letter, you may contact our National Customer Service line using the information below or you can visit your local office by making an InfoPass appointment"

Reached
Ombudsman office on Dec 12. No response from there yet.

My father is 86 years old and mother is 73 years old. The wait is putting unnecessary stress on their life.

Thank you for taking the time to read.
 
I have just filed and served the USCIS, FBI, DHS, US Attorny General and US District Attorny today, I have filed the 1447 (b) 120 days rule Pro Se (by myself without a lawyer), and I am attaching the Pro Se guid booklet, the civil cover sheet, the summons, and a document from the DHS about the name check thing, I hope you guys find it helpful in our long fierce fight with those lazy Gov. employees...... :D
Hi, I cannot find the attachments anymore. Is it still on this forum?
 
Hi all,

I would like to thank the founder of this thread and everyone who dedicated so much of their own time to help others. I was able to collect info, found samples and successfully resolved my citizenship case few months ago (pro se). I filed 1447 (b) since no decision has been made on my case after 120 days have passed. Since filing, I was able to get approval and took my oath within 3 months all because of the very useful instructions and suggestions from here. Thank you all and God bless!
 
Hi, I cannot find the attachments anymore. Is it still on this forum?
Hi there, I couldn't find any samples or open one on this thread but found out all samples and earlier posts are saved in archive. Please type in the following anf you should be able to see, open and save samples.

forumarchive.immigration.com
 
Hello experts!

Please help

i have filled WOM recently may i know when the US attorney will assign an attorney for your case ? i have served US attorney yesterday and called today and confirmed that they have gotten my mandamus i have also filled proof of service with the court

note: fighting to get my I751 approved because it was pending for 3 years lol

Cheers,
 
Hello experts!

Please help

i have filled WOM recently to have USCIS adjudicate my pending I751 here is my case overview:

on sep 2013 i got my first GC based on marriage
on july 2015 filled for I 751 to remove the condition from my GC ( it is still sending )
on july 2017 filled for N-400 ( still pending )
on 2/13/2018 filled for WOM to have USCIS adjudicate my pending I751
on 2/28/2018 served all defendant, except us attorney office :( because i wasnt aware of that
on 3/7/2018 San Francisco field office called me for an interview ( it was very very intence and long my wife and i got separated to different rooms during the interview to see if our answer matches, luckily all answer matches lol )
on 3/7/2018 around 9pm my N-400 case status changed from case received to scheduled for an interview :)
on 4/10/2018 have done and passed the N-400 test

now 60 days passed since i have filled WOM and no changes has been done on pacer so after doing some investigation i found my mistake and it was because i have not served the US ATTORNEY and the 60 days starts as soon as you serve US ATTORNEY so i pretty much wasted 60 days anyway i have served the US attorney on 5/7/18 and filed proof of service with the court on the 8th

may i know when the US attorney will assign an attorney for my case? how do i know that there is nothing missing on my petition?

Cheers,
 
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