Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
485niw2005
Registered Users (C)
Congradualtions
Congradulations!! Job well done.
Did you have to do your fingerprint again before the approval?
Congradulations!! Job well done.
Did you have to do your fingerprint again before the approval?
wimgc said:Hello everyone:
Both my and my wife's I-485 were approved yesterday and the cards were mailed out today according to USCIS online message. Please see my signature for milestones. This will not happen without this great thread initiated by Publicus and followed by all of our participants.
I wish everyone good luck with his case and be confident that your application will be approved in the near future. But somebody may have to go through more than others. In my case, AUSA filed a motion to dismiss and I had to file a response to it. She is not super nice but I tried to talk to her friendly in order to solve this problem peacefully. But I also let her know that I am willing to fight and face them in court if I have to. It seems like she started to show some sympathy after several talks. Now I am waiting for AUSA's call to ask me to dismiss the case instead of calling her first (as I always did).
Good luck and thank you to everyone!
Ok,
Here is my update:
I called the AUSA and have the following conversation:
Eric: Hi,
AUSA: Hi there,
E: i am calling for case XXXX, and can you give an update on my case.
ausa: right now not much. it has been only 3 weeks and we have 60 days to respond.
..... bullshiting, like "how is the weather?"...
ausa: if we can resolve this matter before the deadline, will you be able to sign an agreement and dismiss the case?
e: yes.....
ausa: i am not indicating that, though. now i don't even have your file.
e: you don't even have my file?
ausa: yes, the reason being that, i know where my files are and i informed the adjudicator your lawsuit. i got an indication that they MIGHT resolve this without sending me the file. if they send me your file, then it means it is more likely that i should work on it. you know what i mean?
e: oh, so you mean that there is a possibility that it is finished before you have my file. but if you have my file, then it means that they can't do anything and you have to prepare a motion?
ausa: a small correction: if i have your file, there is still a chance of resolution but chances are i have to prepare in case of no resolution.
e: all right then.
.........bs again, such as "how is your vacation?".... end of conversation.
Here is my update:
I called the AUSA and have the following conversation:
Eric: Hi,
AUSA: Hi there,
E: i am calling for case XXXX, and can you give an update on my case.
ausa: right now not much. it has been only 3 weeks and we have 60 days to respond.
..... bullshiting, like "how is the weather?"...
ausa: if we can resolve this matter before the deadline, will you be able to sign an agreement and dismiss the case?
e: yes.....
ausa: i am not indicating that, though. now i don't even have your file.
e: you don't even have my file?
ausa: yes, the reason being that, i know where my files are and i informed the adjudicator your lawsuit. i got an indication that they MIGHT resolve this without sending me the file. if they send me your file, then it means it is more likely that i should work on it. you know what i mean?
e: oh, so you mean that there is a possibility that it is finished before you have my file. but if you have my file, then it means that they can't do anything and you have to prepare a motion?
ausa: a small correction: if i have your file, there is still a chance of resolution but chances are i have to prepare in case of no resolution.
e: all right then.
.........bs again, such as "how is your vacation?".... end of conversation.
wimgc said:Hello everyone:
Both my and my wife's I-485 were approved yesterday and the cards were mailed out today according to USCIS online message. Please see my signature for milestones. This will not happen without this great thread initiated by Publicus and followed by all of our participants.
I wish everyone good luck with his case and be confident that your application will be approved in the near future. But somebody may have to go through more than others. In my case, AUSA filed a motion to dismiss and I had to file a response to it. She is not super nice but I tried to talk to her friendly in order to solve this problem peacefully. But I also let her know that I am willing to fight and face them in court if I have to. It seems like she started to show some sympathy after several talks. Now I am waiting for AUSA's call to ask me to dismiss the case instead of calling her first (as I always did).
Good luck and thank you to everyone!
What was the reason they gave for the Motion to Dismiss? Can you post your response so it may benefit other readers or PM me.
i goggled and found the following
first hit
http://www.njd.uscourts.gov/cm-ecf/ECF-Policies.pdf
"ELECTRONIC CASE FILING POLICIES AND PROCEDURES"
page 4, looks like to be a technical issue
second hit
http://www.njd.uscourts.gov/rules/05-0901-Rules.pdf
page 13, "Civ. RULE 5.3 PROTECTIVE ORDERS AND PUBLIC ACCESS UNDER CM/ECF"
so it does not look like to be some thing very serious. why no wait and see.
good luck.
first hit
http://www.njd.uscourts.gov/cm-ecf/ECF-Policies.pdf
"ELECTRONIC CASE FILING POLICIES AND PROCEDURES"
page 4, looks like to be a technical issue
second hit
http://www.njd.uscourts.gov/rules/05-0901-Rules.pdf
page 13, "Civ. RULE 5.3 PROTECTIVE ORDERS AND PUBLIC ACCESS UNDER CM/ECF"
so it does not look like to be some thing very serious. why no wait and see.
good luck.
another 1447b victory
hello forum,
Yesterday assistant US attny called me informing that The Service is ready to adjudicate my case and in order for them to do it my lawsuit needs to be dismissed. I signed the paperwork yesterday stipulating that upon dismissal of the case CIS will adjudicate the petition within 7 days and sent it to US Attny's office. Today I received oath letter for Aug.18. I am in Central District of California.
My timeline (approximate):
6/10/05 - N400
8/5/05 - FP
10/20/05 - Interview
3 Infopass appointments in Dec, Feb, March
6/13/06 - 1447b complaint filed
7/27/06 - case dismissed
7/27/06 - oath letter received for Aug.18
This forum has been of incredible help and inspiration. I wish good luck to everybody here who is struggling with the CIS inefficiency and bureaucracy. In the end you will prevail, do not loose hope!!!
I would like to thank all of those who were before and after me, giving advice, answering questions, instilling hope and just making jokes to keep our spirits up, and making this thread the best resource on the net on how to win this battle.
hello forum,
Yesterday assistant US attny called me informing that The Service is ready to adjudicate my case and in order for them to do it my lawsuit needs to be dismissed. I signed the paperwork yesterday stipulating that upon dismissal of the case CIS will adjudicate the petition within 7 days and sent it to US Attny's office. Today I received oath letter for Aug.18. I am in Central District of California.
My timeline (approximate):
6/10/05 - N400
8/5/05 - FP
10/20/05 - Interview
3 Infopass appointments in Dec, Feb, March
6/13/06 - 1447b complaint filed
7/27/06 - case dismissed
7/27/06 - oath letter received for Aug.18
This forum has been of incredible help and inspiration. I wish good luck to everybody here who is struggling with the CIS inefficiency and bureaucracy. In the end you will prevail, do not loose hope!!!
I would like to thank all of those who were before and after me, giving advice, answering questions, instilling hope and just making jokes to keep our spirits up, and making this thread the best resource on the net on how to win this battle.
hate140delay
Registered Users (C)
I tried to file WOM in Oakland, CA today and the clerk told me for "Nature of Suit" I cannot put "540 Mandumus or Other" as that falls under "Prisoner petitions" (see attached document for details), she will change it to "950 Constitutionality of State Statuates". Is that ok?
Can the US Attorney dismiss the case based on the Nature of suit?
Can the US Attorney dismiss the case based on the Nature of suit?
Curious100,
Your cases were approved super fast. Congratulations. You made it.
I dropped off my WOM at District office today and paid $350. I was told to wait by the clerks. What should I do next? Just wait the court send me summoms?
The congressman of my district will organize a meeting next week and invited five individuals who have long waited immigration petition. I am one of them. I will go and see what he can do for us on the other hand.
Hope
Your cases were approved super fast. Congratulations. You made it.
I dropped off my WOM at District office today and paid $350. I was told to wait by the clerks. What should I do next? Just wait the court send me summoms?
The congressman of my district will organize a meeting next week and invited five individuals who have long waited immigration petition. I am one of them. I will go and see what he can do for us on the other hand.
Hope
Lawsuit experience
Hi, I am an immigration lawyer who has done over 100 mandamus and 8 USC 1447(b) cases. I was pretty impressed by the depth of information this forum provides, and the number of people who have successfully prosecuted their own cases. I definitely detect a pattern of delays of people from muslim countries and the PRC.
Funny enough, most immigration lawyers are not familiar with the mandamus process. It's the clients who are more concerned with their case delays. Recently, I went to a national conference for immigration federal litigators and we only had about 70 people show up. (Compared w/the thousands that show up at the national AILA conference) During the past year, I have seen the name check problem becoming more serious. (the latest CIS ombudsman report shows that more than 80,000 name check cases are delayed for more than 120 days) I also see that U.S. attorneys throughout the country are getting tougher on these cases. AUSAs are generally helpful, but some are becoming really litigious, perhaps due to their change in policy. I am curious to find out if anyone has had to appear in a status conference or conduct discovery. I am also researching the different AUSA reactions in various jurisdictions throughout the country. Your input is greatly appreciated.
Daniel Huang
Hi, I am an immigration lawyer who has done over 100 mandamus and 8 USC 1447(b) cases. I was pretty impressed by the depth of information this forum provides, and the number of people who have successfully prosecuted their own cases. I definitely detect a pattern of delays of people from muslim countries and the PRC.
Funny enough, most immigration lawyers are not familiar with the mandamus process. It's the clients who are more concerned with their case delays. Recently, I went to a national conference for immigration federal litigators and we only had about 70 people show up. (Compared w/the thousands that show up at the national AILA conference) During the past year, I have seen the name check problem becoming more serious. (the latest CIS ombudsman report shows that more than 80,000 name check cases are delayed for more than 120 days) I also see that U.S. attorneys throughout the country are getting tougher on these cases. AUSAs are generally helpful, but some are becoming really litigious, perhaps due to their change in policy. I am curious to find out if anyone has had to appear in a status conference or conduct discovery. I am also researching the different AUSA reactions in various jurisdictions throughout the country. Your input is greatly appreciated.
Daniel Huang
You are probably stuck in the name check black hole. You can read the latest CIS ombudsman report at: http://www.dhs.gov/interweb/assetlibrary/CISOmbudsman_AnnualReport_2006.pdf
go to page 24, and you'll see that more than 80,000 cases have name checks taking more than 1 year to complete. This is a very serious problem.
go to page 24, and you'll see that more than 80,000 cases have name checks taking more than 1 year to complete. This is a very serious problem.
Congratulations!!!
Congratulations and all others who won their cases in last few days... isn't it amazing to see people winning after filing complaints ourselves... this is great acheivement... CONGRATULATIONS...wimgc said:Hello everyone:
Both my and my wife's I-485 were approved yesterday and the cards were mailed out today according to USCIS online message. Please see my signature for milestones. This will not happen without this great thread initiated by Publicus and followed by all of our participants.
I wish everyone good luck with his case and be confident that your application will be approved in the near future. But somebody may have to go through more than others. In my case, AUSA filed a motion to dismiss and I had to file a response to it. She is not super nice but I tried to talk to her friendly in order to solve this problem peacefully. But I also let her know that I am willing to fight and face them in court if I have to. It seems like she started to show some sympathy after several talks. Now I am waiting for AUSA's call to ask me to dismiss the case instead of calling her first (as I always did).
Good luck and thank you to everyone!