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

[Einmalig]

Thanks a million, Buggin!!

 

[Mr LA]

Congratulations

Hi, everyone,

My deadline with the court is approaching. Today I have received a phone call from the US attorney. It looks like we have an agreement, and I will be scheduled for the nearest oath ceremony

I need to dismiss the case in the court. How is it called? Memo? Note?
I also need an example on the body paragraph; the search engine on this forum gave me over 100 pages on the keyword.

Also, I want to thank all participants of this forum for being constant inspiration for me. I wouldn't have the guts to file the case in the beginning. Thanks a lot!!!

Congratulations

 

[buggin]

Thanks a million, Buggin!!

You are very welcome.

 

[mohamedmohamed]

Suzy977:

From your post, I got this idea that we have a very good reason to ask for detailed information when USCIS contact us. It is a lawsuit, right? You are supposed to contact defendants through their lawyer. Therefore, you need to let AUSA know that defendants contact you, including their name, time, for what issue.

Does this make sense to you guys?

you are right, but there are two ways USCIS can contact you
a- the people who are working on your case( district office, or cervice center) they are already working on your case, and you have probably givent them a right to work on your case, and contact you regarding the case(not the suit) that authorization is probably included in your application form, so if they contact you to aski info about your immigration application without referring to the law suit, they probably are not doing anything wrong.
b- USCIS lawyers, (not us attorney) these the uscis lawyers, that work for DHS, and techenically thgey are a part of the legal team of the governement, in fact these are the one that give the advice and support to the us attorney, therefore it is not out of the line if they ask you for some information , or talk to you about your case.
if you have a lawyer, no one should talk to you about your law suit period, they should direct all that to you attorney.
if you dont have a lawyer, and you are representing yourself, you are your own attorney, and anyone ,everyone can talk to you about your case, with out being stepping off the normal procedures boundries.
so they dont need the us attorney to talk to you about your case, but they need to talk to your lawyer, or to you(if you represent yourself) about it.
but in any case, you need the nfotr of any one talking to you, their names, title, and position.
one of the DHS lawyer contacted me once to ask my A#, i wnet online and verified that they are a lwayer, and that they are a memeber of the bar in the state where they work,

 

[mohamedmohamed]

Congratulations

it is called a "motion to dismiss the case" meaning that you have got what you was asking for , and want your case be taken off the active docket of the court.

 

[yfehgh]

risk of filing Writ of M-

I filed 485 EB2 Aug 04, still pending name check. Also thinking of filing WOM. My only concern is that USCIS may try to find fault with my case when they are notified that I filed WOM against them. As you know, there is always the possiblity that my case is not impeccable, I am afraid filing WOM might cause them to be more strict with my case. What is your experience based on your research or knowlege? I need to weight the benefit of fast decsion mandated by WOM and the risk of denial of my I-485 petition.

Thanks for your kind advice.

yfehgh

 

[mohamedmohamed]

I filed 485 EB2 Aug 04, still pending name check. Also thinking of filing WOM. My only concern is that USCIS may try to find fault with my case when they are notified that I filed WOM against them. As you know, there is always the possiblity that my case is not impeccable, I am afraid filing WOM might cause them to be more strict with my case. What is your experience based on your research or knowlege? I need to weight the benefit of fast decsion mandated by WOM and the risk of denial of my I-485 petition.

Thanks for your kind advice.

yfehgh

dont be scared, if ther ewas anu fault inyour file, they would have said so before now, and if in fact there is one , they will bring it later, so at leat if you fiel your case, you will have the chance to explain you side of the story in court, and then they wont be able to play you, go for it, but be ready for the finght, and be armed with all the information you need, reead, read, and read again.

 

[bobbyren]

Saden1,

Thanks for sharing your complaint with us. I noticed that the file date of September 23, 2006 must be wrong. Hopefully you did not use this date. Also, did you use any exhibits and what are they?

bobby

Well, I just filed my I-485 complaint today. Attached is a template (based on I-485 Lawsuit for GreenCard.pdf) of my complaint in MS Word document if anyone is interested.

I'll keep you updated on the status of my the case.

Thanks everyone for your help.

 

[Gr33nCard]

For I 485 ( green card)

Yes, I am applying for naturalization.

Good. So, in this case you will file a 1447(b) Petition. See an attachment for a sample of the petition that I have filed.

Do i also have to file 1447(b) ? I am waiting for name check for my green card i.e. I 485?

 

[dumbboy]

Do i also have to file 1447(b) ? I am waiting for name check for my green card i.e. I 485?

No. 1447(b) is just for natualization case. As for I-485, you need to file Writ of
Mandamus. Read this thread to learn more.

 

[buggin]

Do i also have to file 1447(b) ? I am waiting for name check for my green card i.e. I 485?

You will have to file a Writ of Mandamus. Read this thread. There are a lot of posts on WOMs.

 

[koko8]

hello Koko

I have 2 questions for you:

What city do you live in?
When did you get your interview?

Don’t waist time with USCIS, Have them for breakfast if the are thinking of you for dinner.

Hi, Mr LA

I live in Hollywood and my interview was held at El Monte, CA
Again, congratulation on your winning battle.

 

[Gr33nCard]

Thanks!!!

No. 1447(b) is just for natualization case. As for I-485, you need to file Writ of
Mandamus. Read this thread to learn more.

You will have to file a Writ of Mandamus. Read this thread. There are a lot of posts on WOMs.

Thanks to both of you!! I am planning to read all the posts this long weekend and hope i can file the case by the next week.

 

[masa_inn]

Atlanta area, anyone?

Hi guys,

I know that at least 2 or 3 of us have to deal with Atlanta USICS Office.

How is it going? Do you have any reaction from either USICS or District Attny?

It’s been more than 2 weeks since we served DA (N-400). We have zero reaction from both DA and USICS. My husband keeps calling DA’s office and they keep ignoring him. I hope at least they call him “that persistent son of a ….”

 

[WaitingInDallas]

Congrats!!

Congratulations!! Great news!

Hi, everyone,

My deadline with the court is approaching. Today I have received a phone call from the US attorney. It looks like we have an agreement, and I will be scheduled for the nearest oath ceremony

I need to dismiss the case in the court. How is it called? Memo? Note?
I also need an example on the body paragraph; the search engine on this forum gave me over 100 pages on the keyword.

Also, I want to thank all participants of this forum for being constant inspiration for me. I wouldn't have the guts to file the case in the beginning. Thanks a lot!!!

 

[xu111]

Update of my WOM.....

I filed WOM on 06/05/2006 at South District of California. US atty was served on 06/07/2006. I am still waiting for the last receipt from FBI. Seems there is no hurry to file the notice of service. I didn't have time to contact AUSA yet.

This moring, I received an email from USCIS, requesting for additional evidence on my wife's I-485. I think that it is mostly possible about health check, because she didn't receive immune shots because of pregnancy.

Does this RFE mean that our name check is clear? Is that true that USCIS won't touch your case until FBI name check is clear? Our case was not touched since our filing. I think it is a good sign. I bet that it is not just coincident, it must relate to our WOM. I will call AUSA after completing this RFE.

Good luck to us, as well as all the friends on this thread!

 

[Suzy977]

Hi, everyone,

Also, I want to thank all participants of this forum for being constant inspiration for me. I wouldn't have the guts to file the case in the beginning. Thanks a lot!!!

CONGRATULATIONS

 

[ls691035]

I filed WOM on 06/05/2006 at South District of California. US atty was served on 06/07/2006.

Does this RFE mean that our name check is clear? QUOTE]

RFE means they are doing something on your case, it is not related to NC. Did you mention your wife in your WOM? (I assume you are primary applicant, and she is dependent). My case is similar, I am primary applicant and filed WOM, no responce yet. I did not mention my husband's application in WOM and wonder, will my WOM automatically trigger his approval (his NC is clear).

 

[xu111]

Guys.....................................................................

My I-485 was approved!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

About 10 minutes after my previous post, I found the email from USCIS about my I-485. It was approved!

Thank you so much for all the people here.

Publicus, you are the man giving hopes to hundreds and thousands people, including me. Even though I didn't communicate directly with you, I should show my highest respect to you.

Buggin, mohamedmohamed, Suzy...........as well as all other buddies and sisters around here, thank you so much for all your wonderful posts, all the well-prepared document templates, all kinds of amazing information, and all the encouraging words. After I knew this thread, this is THE ONLY one I read, because it discuss the only method that works. This thread totally changed my opinion about FBI NC. I am not helpless anymore. I am not a vulnable victim anymore. This thread gives me strength, confidence, and power.

For all the people who are still hesitant about filing WOM, do it as soon as possible. I submitted our WOM at the earliest time point I can do it. Back then, I said to myself, "I should feel shameful if I file my WOM one day later than I should". It turns out that I am correct. So fight for your rights, do it now. Don't be afraid, because there is a big community on this thread that you can get help from.

Good luck, all the friend! File your case as early as possible.
If possible, move to San Diego first and then file it.
It looks that US Atty in southern District of California is good at handling this kind of case.


-----------------------------------------------------------------


Receipt Number: WAC0516********

Application Type: I485 , Application to Register Permanent Residence or
to Adjust Status

Current Status:

This case has been approved. On June 28, 2006, an approval notice was
mailed. If 30 days have passed and you have not received this notice,
you may wish to verify or update your address. To update your address,
please speak to an Immigration Information Officer during business
hours.
---------------------------------------------------------------

 

[fightback]

My I-485 was approved!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

---------------------------------------------------------------

Congratulations, xu111!!!!!!!! I really envy you. We served the AUSA same day and I haven't heard anything yet but you already got approved. Though I am still very happy for you! Hope I can hear something soon! Otherwise I may consider move to San Diego !
______________________________________
Timeline: 03/23/2002 I485 family-based
09/28/2004 interviewed pending name check
05/17/2006 filed WOM
06/07/2006 AUSA served
06/08/2006 60 deadline