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

Matt.D.

New Member
I joined the forum specifically for contributing to this thread. And as my first post, I felt the need to bump it. Pretty much all its pages are a treasure of valuable information for anyone that needs to sue the lazy, inefficient and politicized USCIS, in order to move their stalled cases forward.
 

rg11

New Member
Hi all,
Thanks to everyone contributed to the crazy amount of information. We've been stuck on i-589 (Pending Asylum) for a complete 7 years and I've done everything possible, but all in vain ... My question is, did anyone of you or someone you know had success with WOM on i-589 ?
 

Fin

Registered Users (C)
WOM on I-589 might need a lawyers assistance. If the case is in security checks or under investigation, they will quickly deny the case once the lawsuit is filed and move to dismiss. The lawyer will have to review the case and decide the pros and cons Of the lawsuit
 

Fin

Registered Users (C)
Yes many people did this by themselves. You can also do it by yourself and get a lawyer at a later stage if the government decides to fight the case instead of just naturalizing you or issuing your green card. In fact right now the rumor is that green cards are on hold/lower priority as USCIS workers are getting furloughed. They are focusing on oath ceremonies for people who got stuck in COVID closures.
 

Tim21881

New Member
Hi Fin! Thanks so much for the reply! I haven't seen this question answered in a while, but I was wondering if you know how to sue for AOS? We have a pending green card AOS - I am sponsoring my wife.
I see how to do it for naturalization which is how the instructions are laid out, but also saw someone ask on how to do it for AOS but didn't see the answer.

Thanks!
 

Fin

Registered Users (C)
Hi Fin! Thanks so much for the reply! I haven't seen this question answered in a while, but I was wondering if you know how to sue for AOS? We have a pending green card AOS - I am sponsoring my wife.
I see how to do it for naturalization which is how the instructions are laid out, but also saw someone ask on how to do it for AOS but didn't see the answer.

Thanks!

If its pending for a long time (typically 1.5 to 2 years) you can file a writ of mandamus to make USCIS process the application faster. The writ is filed under 28 USC 1361 and federal questions act 28 USC 1331. You can also invoke the APA. Read this thread, there are many old posts about this. If you aren't comfortable with legal terminology/preparing a pleading and discussing with US attorney, get a lawyer. Again, like I mentioned these are unprecedented times, and since USCIS is still not completely open and workers are about to be furloughed, the court may not grant the writ. Unlike citizenship, there is nothing in the statute that requires USCIS to grant the petition in a certain number of days. However, government officers are required to process applications in a reasonable period and writ is just a way of asking the court to order the government officer "to do their duty".
 

SusieQQQ

Well-Known Member
Hi Fin! Thanks so much for the reply! I haven't seen this question answered in a while, but I was wondering if you know how to sue for AOS? We have a pending green card AOS - I am sponsoring my wife.
I see how to do it for naturalization which is how the instructions are laid out, but also saw someone ask on how to do it for AOS but didn't see the answer.

Thanks!
Have you had your congressperson follow up yet?
 

Tim21881

New Member
Hi Susie!

Yep, and they don't give us any answers. They say there are delays which they cannot provide info. on. Makes absolutely no sense as we were approved in our interview based on an updated medical exam which we sent in. It's just a mess!
 

Fin

Registered Users (C)
Yes I understand the situation. Is the filing basically the same as naturalization, just a different situation?

No, if naturalization is delayed for more than 120 days after the interview, you file a lawsuit under 8 USC 1447(b) asking the federal judge to naturalize you or order the USCIS to adjudicate your application in a specific time usually 30 days. A federal judge cannot grant you a green card so he can only order the USCIS to process the application within a set number of days if you are successful in the writ. But in most cases, when a lawsuit is filed, the US attorney will try to force USCIS to process your application and file a motion to dismiss. He/She has to respond to your lawsuit within 60 days.
And lastly,
Thanks Fin!
Our file has passed through Los Angeles, Vermont, NBC - should I be sending this lawsuit to all those places?
No - you send the summons and a copy of your complaint to your USCIS local office, USCIS, Washington DC, US Attorney, DHS, Washington DC and your local US attorney's office. Make sure you properly serve them as your lawsuit can be dismissed for improper service. I suggest you read WoM for green card in this thread, there are many older posts here. Filing a Lawsuit is a very technical matter (not complex but proper procedures need to be followed and complaint has to be drafted properly). Also, the US attorney might reach out to you so you should be able to discuss with him.
 

Tim21881

New Member
Thank you Fin!

Our situation is an AOS, not naturalization. I was just wondering if the basic filing is the same? It's been 2 years since our interview.
 

Fin

Registered Users (C)
Thank you Fin!

Our situation is an AOS, not naturalization. I was just wondering if the basic filing is the same? It's been 2 years since our interview.

The only similarity is that in both cases you are suing USCIS and DHS in your local federal court. The content of the lawsuit and statutes are different. It would be sort of similar to a citizenship lawsuit where no interview has occurred for a long time. Just google immigration writ of mandamus and you will see sample complaints.
 

immihelp402

New Member
Hello, there is a lot of backstory to this case, but I will just say what is relevant currently as the backstory isn't whats keeping this case in limbo. Basically my wife and I left the US in the middle of the adjustment of status process and rightfully waited for it to get denied so that we could reapply from her home country for consular processing. However, after finally getting a denial letter, 1 day later we get a letter saying that the case has been reopened much to our dismay. I couldn't figure out why that may be but we just decided to wait and see what would happen. 8 months later still no response, so we called uscis and got to a tier 2 rep, he said that the case for some reason has been sent to the national records center which he said is where completed cases go and are not worked on, but our case is still showing as pending in his system. Because of this he said he will make an inquiry to see what is going on, and that we should get a response claiming that the case is actually still being worked on or that is was wrongfully opened and then receive a denial so we could go ahead and start a new application. Today we just got a response to our inquiry from 2 months ago and literally the response to the inquiry was that the case is taking longer than the processing time because it is still pending. Basically a non answer, normally I would just say ok screw this, and would just send a withdrawal for the application, the problem is, the application is nowhere that I can actually get a withdrawal sent to, It is supposed to be at the NBC if its being worked on, but its not, so sending a withdrawal there is pointless, and sending a withdrawal to the record center is also pointless. And if I try to just reapply anyway, the first person who looks us up will think that the case is actually still pending when it really isn't, its just that every inquiry we make gets stone walled because the person looking it up isn't actually getting the case file and is just sending a generic response. What can we possibly do? It has been in limbo for over a year and we keep making inquiries but they keep making the exact same non-answer response that leads to nowhere but circles, if I try to withdraw it wont reach the application destination, if I do another app it will be denied since one is still pending. I am sorry about the frustration in my wall of text but I just don't know what I can do to get this taken care of as every attempt just falls on deaf ears. Please give me some advice if you have any knowledge on this type of situation, thanks so much in advance!

Is suing the only way out of this limbo?
 

Fin

Registered Users (C)
Hello, there is a lot of backstory to this case, but I will just say what is relevant currently as the backstory isn't whats keeping this case in limbo. Basically my wife and I left the US in the middle of the adjustment of status process and rightfully waited for it to get denied so that we could reapply from her home country for consular processing.

Is suing the only way out of this limbo?

I don't think you followed a proper approach so your lawsuit will be immediately dismissed. If your I-130 is approved and you change your mind from AOS to CP, you need to file form I-824 to ask USCIS to transfer your file to NVC. Since your case is re-opened, I suggest you first do that and wait for them to do the transfer. If nothing happens in a year or so then a lawsuit might help. But I suggest that you first get your paperwork in order...an attorney might be helpful in this case. It might save you future headaches.
 

toofast

New Member
I had my interview back in February 2020, and received an 'unable to make a decision' notice.

I'm now looking at a lawsuit, but have a question.

I was interviewed at the Brooklyn NY field office, but I'm thinking of moving to a different state. Would I sue in Brooklyn federal court, or in the new state where I'll be living?
 
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