Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
AOS approved in two weeks after lawsuit
First I would like to thank Publibus who initiated this great thread and all other people who contributed their information and experience to the topic.
My 485 has been pending for about 14 month when I filed the lawsuit. In exactly two weeks after the Northern California DA received my case/summon, my 485 was approved. The NCDA faxed me a form to dismiss the case on the same day of approval. I can not believe they could act so promptly. It seems different DA offices have very different attitude and efficiency in handling such complaints. I was expecting to be asked for extension, instead, the whole process happened lightning fast.
First I would like to thank Publibus who initiated this great thread and all other people who contributed their information and experience to the topic.
My 485 has been pending for about 14 month when I filed the lawsuit. In exactly two weeks after the Northern California DA received my case/summon, my 485 was approved. The NCDA faxed me a form to dismiss the case on the same day of approval. I can not believe they could act so promptly. It seems different DA offices have very different attitude and efficiency in handling such complaints. I was expecting to be asked for extension, instead, the whole process happened lightning fast.
easterstr,
I did pro se (meaning 'by yourself'), the complaint is very simple and won't take more than several hours' preparation. I basically followed the information on the first few pages of this thread, i.e., sample complaints, people's experience, etc.
I did pro se (meaning 'by yourself'), the complaint is very simple and won't take more than several hours' preparation. I basically followed the information on the first few pages of this thread, i.e., sample complaints, people's experience, etc.
easterstr said:
Request to Share Template of a letter to Senator/Congressman
My AOS is stuck in FBI Name Check for the last 4 months (after my AOS interview).
I am thinking of filing a WOM and am in the process of gathering documentary evidence for the lawsuit. Can someone please post a template of a letter they may have sent to their senator or congressman requesting their assistance in resolving the FBI Name Check puzzle?
Also, has anyone here successfully sued the Newark, NJ USCIS DO via WOM? My AOS case is pending with the Newark DO.
Thanks!
My AOS is stuck in FBI Name Check for the last 4 months (after my AOS interview).
I am thinking of filing a WOM and am in the process of gathering documentary evidence for the lawsuit. Can someone please post a template of a letter they may have sent to their senator or congressman requesting their assistance in resolving the FBI Name Check puzzle?
Also, has anyone here successfully sued the Newark, NJ USCIS DO via WOM? My AOS case is pending with the Newark DO.
Thanks!
hate140delay
Registered Users (C)
Wolbachia,Wolbachia said:
Congratulations! Thats a sigh of relief for all North CA filers like me. If you don't mind can you tell us what district court did you apply to (SF, OAK, SJ)? Also who was the AUSA?
Thanks.
dispressmom
Registered Users (C)
Thanks Mr. LA
I had included summon today in the court. By the way, for people who are ready to file 1447(b), besides the summons addressed to all defendants, you need prepare an extra summon addressed to your local district U.S. attorney. I was thinking I only need to copy all of summons to district attorney, but the clerk told me the document I need is fill out a summon addressed to district attorney(but not included the district attorney in the list of defedants)
I am in KS district court.
I had included summon today in the court. By the way, for people who are ready to file 1447(b), besides the summons addressed to all defendants, you need prepare an extra summon addressed to your local district U.S. attorney. I was thinking I only need to copy all of summons to district attorney, but the clerk told me the document I need is fill out a summon addressed to district attorney(but not included the district attorney in the list of defedants)
I am in KS district court.
Last edited by a moderator:
gctarget06
Registered Users (C)
Hi Guys,
Please take a look at my situation as I am seeking your benign suggetion/opinions/comments to file a writ of mandamus or whatever it may be, if that is indeed an option...here goes the chronolgy...
Nov. 2004
Concurrent filing of I140,I485, I131
Status - All petitions are pending due to the "security check".
Contacted Senator,congress men and made tons of enquiries but of no avail.
Aug 2005
6th year h1B extension was filed.
Status - Pending due to the "security check"....
March 2006
Filed FOIPA and received "No records" .
July 2006
7th year H1B extension was filed in "premium processing" although the 6th year's extension is still pending.
Status - Pending due to the "security check".....
Now, since my H1B (regular & premium) case is also stuck due to the same #$@&^%&^ security check, I am not even in a position to visit my homeland anymore. it is causing a lot of stress and frustration on my family here and back in India...No clue what to do... I just came across this thread and it seems like I could probably file a writ of mandamus in my case...??? anybody could please share the experience or head me in a right direction ??
Thanks a lot in advance and keep up doing the noble job of helping/sharing...
Please take a look at my situation as I am seeking your benign suggetion/opinions/comments to file a writ of mandamus or whatever it may be, if that is indeed an option...here goes the chronolgy...
Nov. 2004
Concurrent filing of I140,I485, I131
Status - All petitions are pending due to the "security check".
Contacted Senator,congress men and made tons of enquiries but of no avail.
Aug 2005
6th year h1B extension was filed.
Status - Pending due to the "security check"....
March 2006
Filed FOIPA and received "No records" .
July 2006
7th year H1B extension was filed in "premium processing" although the 6th year's extension is still pending.
Status - Pending due to the "security check".....
Now, since my H1B (regular & premium) case is also stuck due to the same #$@&^%&^ security check, I am not even in a position to visit my homeland anymore. it is causing a lot of stress and frustration on my family here and back in India...No clue what to do...
I just came across this thread and it seems like I could probably file a writ of mandamus in my case...??? anybody could please share the experience or head me in a right direction ?? Thanks a lot in advance and keep up doing the noble job of helping/sharing...
dispressmom said:
Hello dispessmom,
When I went to clerk’s office, I had 1 Origin summon and 2 copies, they stump all and took 1 origin and 1 copy, and gave me 1 copy where I had to make 5 copies of it and send it to the defendants included U.S Attorney. Just make sure you have 2 copies for your self for everything you do, everything ….
I wish you and everyone here the best
hate140delay,hate140delay said:
I filed at the Oakland division because it is closer, but the case was assigned to a SF division judge so I sent the summon to the NCDA SF office. The AUSA who contacted me is a nice lady named Ila Deiss. She said they contacted USCIS right after receiving my complaint. I guess I must have been super lucky in that my case was assigned to a AUSA who happened not to have many cases around at the moment.
485niw2005
Registered Users (C)
Congradulations!! Wolbachia
I filed my WOM at Nor Cal San Jose but also assigned to Ila Deiss in SF. I guess the speed is case by case although she informed me she notified the concels of all agencies right after received my case. Even dealing with lawsuit, those people at USCIS have their own schedule which nobody can predict.
I filed my WOM at Nor Cal San Jose but also assigned to Ila Deiss in SF. I guess the speed is case by case although she informed me she notified the concels of all agencies right after received my case. Even dealing with lawsuit, those people at USCIS have their own schedule which nobody can predict.
Wolbachia said:
needsolution
Registered Users (C)
Help Everyone!
I am in need of delayed cases where it has been argued and determined how long is or is not reasonable for a background check to be completed for either naturalization or green card application.
If you know such cases, can you post them on the website? or if you don't have them, could you give me the names of such cases and the states in which they were filed?
I also more specifically would like to get cases delayed not only due to FBI name check, but due to a IBIS hit.
I am in need of delayed cases where it has been argued and determined how long is or is not reasonable for a background check to be completed for either naturalization or green card application.
If you know such cases, can you post them on the website? or if you don't have them, could you give me the names of such cases and the states in which they were filed?
I also more specifically would like to get cases delayed not only due to FBI name check, but due to a IBIS hit.
what to mail the defendants?
Guys,
If I understand this correctly, I mail the summons+complaint (including exhibits and with the case number labeled) to all defendants and US attorney. This also includes the coversheet? How about the two pages of local rules (appendix I and appendix F)?
Guys,
If I understand this correctly, I mail the summons+complaint (including exhibits and with the case number labeled) to all defendants and US attorney. This also includes the coversheet? How about the two pages of local rules (appendix I and appendix F)?
can try WOM law suit
gctarget06,
why not try WoM law suit? I myself is trying right now. I have seen in this forum several successful law suits where the I-485 applications had been pending shorter than yours.
gctarget06,
why not try WoM law suit? I myself is trying right now. I have seen in this forum several successful law suits where the I-485 applications had been pending shorter than yours.
gctarget06 said:Hi Guys,
Please take a look at my situation as I am seeking your benign suggetion/opinions/comments to file a writ of mandamus or whatever it may be, if that is indeed an option...here goes the chronolgy...
Nov. 2004
Concurrent filing of I140,I485, I131
Status - All petitions are pending due to the "security check".
Contacted Senator,congress men and made tons of enquiries but of no avail.
Aug 2005
6th year h1B extension was filed.
Status - Pending due to the "security check"....
March 2006
Filed FOIPA and received "No records" .
July 2006
7th year H1B extension was filed in "premium processing" although the 6th year's extension is still pending.
Status - Pending due to the "security check".....
Now, since my H1B (regular & premium) case is also stuck due to the same #$@&^%&^ security check, I am not even in a position to visit my homeland anymore. it is causing a lot of stress and frustration on my family here and back in India...No clue what to do...
Thanks a lot in advance and keep up doing the noble job of helping/sharing...
Mette said:
Mette,
Based on what I heard from various sources, two is enough. In some district, AUSA don't even bother to tell you that he/she is asking for the extension. You have to follow up on this. When he asks for an extension, you have the right to file a motion to oppose it within 10 days. After he files the first one, you SHOULD PROMPTLY FILE A MOTION TO OPPOSE, you probably won't be able to stop the first one, but if judge agrees that the extension can not be indefinite, he will have a hard time to file a second one. You have to state in your motion that "at least extensions can not be routinely granted without careful review of XXXX".