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

cajack said:
Congr. greencard12. Another victory. Just a little question for you. When did you file your WOM? By reading your singature, you filed the WOM in 2003. Is it a typo? Just checking. thanks,

jack
Click to expand...

oops. It was a typo. Should be in 2006.
 
fingerprint?

congradulations!!! Well done. One question, did you renew your fingerprint before they approved your case?

greencard12 said:
Today AUSA called me and tole me that my long-pending I-485 case was approved today. I agreed to dismiss the case once I got official letter from USCIS.

This forum is really a great one. Hope my experience would encourage those who are still suffering. Believe me, if I can do it, you can do it too. Never lose your spirit when you are fighting.

Good luck to everyone.

I-485:April 17, 2003
EB2@China
NC Initiated: May 7, 2003
WOM Filed: April 6, 2006
AUSA Served: April 25, 2006
Contact AUSA: May 13, 2006
30-day extension: June 25, 2006
NC cleared: July 12, 2006
I-485 approved: July 18, 2006
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Congrats!

One more victory, congratulations! :D

greencard12 said:
Today AUSA called me and tole me that my long-pending I-485 case was approved today. I agreed to dismiss the case once I got official letter from USCIS.

This forum is really a great one. Hope my experience would encourage those who are still suffering. Believe me, if I can do it, you can do it too. Never lose your spirit when you are fighting.

Good luck to everyone.

I-485:April 17, 2003
EB2@China
NC Initiated: May 7, 2003
WOM Filed: April 6, 2006
AUSA Served: April 25, 2006
Contact AUSA: May 13, 2006
30-day extension: June 25, 2006
NC cleared: July 12, 2006
I-485 approved: July 18, 2006
Click to expand...
 
Can WOM be filed for N-400 delay due to name check pending?

Since 4/26/2006. CIS does not schedule N-400 interview unless name check is completed. so, lawsuite under 1447(b) is NOT applicable.

My question is: if N-400 gets delay (no interview due to name check pending), Can WOM be filed to speed the process?

My impression is that WOM is only for 485, 1447(b) is for N-400.

Thanks,
 
Another victory!

Got emails on July 18, 2006. Both my I-485 and my wife's I-485 have been
approved. That is 32 days after I filed the WOM case.

dumbboy said:
I filed my WOM case on June 16, 2006. The due date for the 60-day period is August 18, 2006. Today I called the Assis. US Attorney who is in charge of my case. She said she is expecting some information coming in next week and she said she will call me if she gets the information. When I asked her what kind of informaiton she was talking about, she was not willing to talk about it.

By the way, she was really nice. Does not sound like a professional lawyer, more like a friend across the street.

What do you guys think? Is this a good sign?

Let's keep up our good work and defeat USCIS many many more time.


Dumbboy
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Congratulations

to Greencard12 and Dumbboy for your victories on AOS/WOM!

I am waiting anxiously for my turn too. 485 filed in March 2004, name check initiated in March 2004 and still pending. WOM filed on 6/5/06 and AUSA served on 6/6/06.
 
Congratulations!

Congratulations!!! Greencard12 and Dumbboy! I am very happy to see you guys approved and hope us whom are still waiting can get approved soon!!!
 
How early i can call US district attorney office.

Well, I filled 1447(b) on July 11th, and sent of summon on sameday plus certificate of service yesterday. My question is how early should I call to US district attorney office to start conversation and find out any attorney assigned to my case.
Most time i have seen, people who contacted them 2 weeks before deadline they ask for 30 day extension maybe they start reviewing your file once they recieve call from you. I think there is no harm to contact them in early stage or this will show that iam very desparate?
Because before filling lawsuit, i have sent them last request along with draft copy of lawsuit to Washington District District of USCIS and US district attorney to inform and gave them deadline, I also included that letter to court as Exhibit to show and prove that I have tried everything.
Its better or a good idea to call them and find out about my case and status. Need good and honest advice from anyone.

Anyone knows how to find out who assigned to my case? other then call US district attorney office? Just want to find out if anyone even working on case or not!

Thanks,
 
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Congratulations, Greencard12 and Dumbboy!!

One step update in my case: I received a FP notice right after I filed WOM. My last FP expired in April 2006. Hopefully FBI can clear my NC soon so they can approve my I485 by the deadline (09/10/2006).

bobbyren
 
Hi Rock!

Did you file in Federal District Court, Alexandria/VA? Eastern District? I am just curious. I called them up yesterday to see if they had a pro se package. I was told that they had 'reference books' I could come and take a look at.

Any input from your end? How time consuming is filing 1447(b)? As you can see from my timeline, I am not close to that yet. Still, I am rapidly loosing hope that I will see an oath letter before the 120 days are up and I sue.

I have an InfoPass appointment out in Fairfax this Friday. I doubt they will have cheerful news for me, but maybe they can at least figure out if a name check request ever made it to the FBI. For some reason, my gut tells me VSC messed that up as well...like they did during the initial filing of my N-400.

VSC had entered the wrong A# into CLAIMS (what incompetent morons), so all of a sudden, I was not German but Chinese...matching a Chinese name of course. Therefore, I would not be surprised if submitting a name check request to the FBI slipped their attention...after they had corrected their initial mistake. We will see.


Cheers!

Legal
 
writ of mandamus dismissal

ok people, here is the status of the motion for another 30 days extension the US attorney asked for in regard to my WOM. Although I have submitted a motion for default judgment yesterday, it takes a day before it reaches the judge, and I just received a copy of the judge granting the US attorney another 30 days extension signed yesterday because it seems US attorney file electronically. Anyway, remember that the US attorney is requesting 30 days to dismiss the case based on lack of subject matter juridstiction and sovereign immunity. Now I am gonna need all the help I can get. Although I should wait and see what the US attorney excuse for dimissal in terms of laws, I think I should get ready from now. To show that there is juridstiction here, I need to shows that similar cases have been tried in court plus I will use the same laws (USC §§ 1391 and 1361 (Mandamus Act), 5 USC §701 et seq. (Administrative Procedures Act), and 28 USC §2201 et seq) to proof such juridstiction. So, I will need from you a list of similar cases tried in court.
Second, I will need something against that stupid immunity. Folks, once I get the dismissal motion with whatever crap they will say in it, I will post it here and see what we will do about it. Thanx again
 
US DISTRICT COURT, Eastern Virginia

LegalAlien99,

Yes, i did filed it at eastern district court of virginia. Try to write letters to FBI, congressman, and senetar this will show that u have tried all methods available to so before filing actual 1447b) (just a suggestion).
INfopass is useless, they will not give u detail info in my case other then same excuss name check is pending and they can;t say when it will be completed.

Thanks
 
some14all said:
ok people, here is the status of the motion for another 30 days extension the US attorney asked for in regard to my WOM. Although I have submitted a motion for default judgment yesterday, it takes a day before it reaches the judge, and I just received a copy of the judge granting the US attorney another 30 days extension signed yesterday because it seems US attorney file electronically. Anyway, remember that the US attorney is requesting 30 days to dismiss the case based on lack of subject matter juridstiction and sovereign immunity. Now I am gonna need all the help I can get. Although I should wait and see what the US attorney excuse for dimissal in terms of laws, I think I should get ready from now. To show that there is juridstiction here, I need to shows that similar cases have been tried in court plus I will use the same laws (USC §§ 1391 and 1361 (Mandamus Act), 5 USC §701 et seq. (Administrative Procedures Act), and 28 USC §2201 et seq) to proof such juridstiction. So, I will need from you a list of similar cases tried in court.
Second, I will need something against that stupid immunity. Folks, once I get the dismissal motion with whatever crap they will say in it, I will post it here and see what we will do about it. Thanx again
Click to expand...

Please share with us.

Don't be afraid of this stupid defense. As I have said, "immunity", just read the law loudly in Court.
http://www4.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00000702----000-.html
 
Hi Rock,

Thank you very much for your information. Yes, I will be as proactive as possible prior to a potential filing under 14479(b). In fact, I will send of a letter and fax to the FBI today. I know that they won't tell me anything and won't even bother to respond, but it will show a track record once it is time to file a lawsuit.

I will also have Sen. George Allen and a high-ranking member of the House of Representatives Appropriations Committee inquire with USCIS and the FBI what is going on. My wife (through her employer) has direct access to Allen and others on the Hill. They said they would personal inquire early next week.

Furthermore, I will shoot another letter to my IO, just for the fun of it.

I will keep you posted how this turns out.

Cheers!

Legal
 
greencard12 said:
Today AUSA called me and tole me that my long-pending I-485 case was approved today. I agreed to dismiss the case once I got official letter from USCIS.

This forum is really a great one. Hope my experience would encourage those who are still suffering. Believe me, if I can do it, you can do it too. Never lose your spirit when you are fighting.

Good luck to everyone.

I-485:April 17, 2003
EB2@China
NC Initiated: May 7, 2003
WOM Filed: April 6, 2006
AUSA Served: April 25, 2006
Contact AUSA: May 13, 2006
30-day extension: June 25, 2006
NC cleared: July 12, 2006
I-485 approved: July 18, 2006
Click to expand...


Ohohoh,

Congrats!!!!!!!!!!!!!!!!!!!!!!!
 
Congratulations, maoliz, greencard12 and dumbboy!!!

Another 3 VICTORIES for us in this fight!

Enjoy your new freedom in this wonderful country we now call HOME!

Balto
 
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How do i get a good lawyer in NY? Please help

RealSuperK said:
Wow, that attorney must be special. The case he/she is representing made it all the way to the judge? As opposed to all the cases we've had here that got settle before it went that far? Translation - the attorney is full of crap and have never had a single 1447(b) case. Next thing you know, he'll tell you that it will be $20,000 because lawsuits against the government are a long and hard thing to do. :D
Click to expand...

hello everybody..

ihave 1447 petition for my husband filed 5/1/06
DA filed for an extension til 7/28/06.. saying they cant get necessary info about his military service. when i needed this info i got it in 2 weeks from Military recs service!!!.. so i think they just being lazy and incompetent again..

dont want to wait till the deadline.. trying to find a lawyer in NY, NY.. can anybody advise how to get a good one?! is it possible to see what lawyers hadle cases in court thru PACER or any other service?

Greatly appreciate your help:)
 
alisa_0122 said:
hello everybody..


dont want to wait till the deadline.. trying to find a lawyer in NY, NY.. can anybody advise how to get a good one?! is it possible to see what lawyers hadle cases in court thru PACER or any other service?

Greatly appreciate your help:)
Click to expand...

Alisa,

Search in your court's page on PACER with keyword Chertoff as Party. Look at some of the case summaries, they will list the lawyers contact info. Start calling them. You will find that most of them don't know much about Pacer, though.

Best of luck

drgeorge
 
Congrats!

dumbboy said:
Got emails on July 18, 2006. Both my I-485 and my wife's I-485 have been
approved. That is 32 days after I filed the WOM case.
Click to expand...
See, WOM cases win too!!!
 
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