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

[paradisebird]

Anybody can help?? Pleeeeeeeeeese.....

Thanks to this thread. We filed our I485 lawsuite against USCIS and FBI on Oct.5th, 2006. On Nov.1st, my husband's 485 was approved. But my case is unchanged. What should we do now? 60 days we set in the case for USCIS and FBI to solve the problem will be reached soon. Can we extend to a longer time, say, 90 days? what should we do? We called US Attorney. He refered us to USCIS attorney, which looks we could never get connected. We are alwasy directed to his voice message.

 

[Screaming_Eagle]

INS DNIED my citizenship through 1447B case

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

 

[rpshi]

I got lots of helpful information here. Thanks to everybody working hard on this issue.
I filed my lawsuit for Green Card application at the end of October.
(Should have done it earlier, but I was sent to the delivery room instead. )
Yesterday I checked online status, both my case and my husband's are approved.

Now I got another question. Do I need to withdraw my lawsuit? If I do, how to do it? Should I contact the district attorney? Is there any form to fill out for this?
Thanks very much for the help.

 

[mwang1976]

Question on AUSA's answer

Dear Friends,

I have a question regarding how AUSA files the answer. I am in north california district, where AUSA is very familiar with immigration cases. They are pretty supportive and cooperative. However, I noticed that there are still about 20% of the cases received "answer" here and AUSA deny all allegations. I am trying to find out a pattern for those cases but was not very successful. Does anyone know what will lead to an answer? I assume they are most likely the cases can not be processed very soon, but AUSA can file a motion for extension in that case, why not for those? Thanks.

 

[dreamtoGC]

Venue & Jurisdiction

If I believe the AUSA's reasoning in the above mentioned lawsuit, AOS applicant could file complaints only in a district court where at least one of the defendants resides (operates the agency). This would be either Washington DC, or more proper, the regional service center, where the original petition was submitted. But I believe that there were enough cases, where the petitioner filed his/her complaint in the district court where (s)he resides. Looks to me that for some reason ASUA in San Diego is playing tough with this argument that a non-resident alien can't claim residency for the purpose of the lawsuit.

Whaaaaaaat !
I have filed my complaint (WOM i-485) in Newark, NJ. I did not received my summonses from Court yet. I am sueing against Michael Chertoff, Emilio T. Gonzalez, Paul Novak and Robert S. Mueller, III. I did not include Local Director of USCIS. Did I file with wrong court, Should I change the District Court to file? I saw many people who filed with Distrct Court in which the Plaintiff resides in previous pages. All they are include Local Director as defendant?
Is there anyone who won case under this Venue concern?
and one more question
Is Jurisdiction taken over to District Court from USCIS if Wom filed for I-485 just like 1447(b) filed?

 

[paz1960]

Thanks to this thread. We filed our I485 lawsuite against USCIS and FBI on Oct.5th, 2006. On Nov.1st, my husband's 485 was approved. But my case is unchanged. What should we do now? 60 days we set in the case for USCIS and FBI to solve the problem will be reached soon. Can we extend to a longer time, say, 90 days? what should we do? We called US Attorney. He refered us to USCIS attorney, which looks we could never get connected. We are alwasy directed to his voice message.

I assume that you filed a Writ of Mandamus lawsuit. Did you file Pro Se, one lawsuit with two plaintiffs? This may be a problem.

You didn't give 60 days to the government to solve the problem. The Federal Civil Procedure provides 60 days to ANSWER your complaint, when the defendant is the Government (or an agency, or an officer in his/her official capacity). You can't extend unilaterally the 60 day time limit. Defendants have to either answer your complaint or to file a motion. They can ask in that motion to extend the time they have to answer your complaint, or they can ask the court to dismiss your complaint or to remand the case to the Service.

In my opinion they most likely either will ask for an extension or move to ask the court to dismiss your complaint. It can happen that they will ask the court to dismiss the case because a Pro Se plaintiff can represent only him/herself, your husband's petition was approved, so the complaint is moot. In this case you may motion to leave to ammend your complaint, dropping your husband and leaving only you as a sole Plaintiff in the lawsuit.

Bottom line: at this moment defendants have to either answer or motion the court, you can't do anything. You can eventually talk to AUSA and convince him/her that (s)he would ask an extension and you agree with the extension, but looks that AUSA is not willing to cooperate (sending you to the USCIS attorney, who cannot be reached).

 

[rpshi]

I assume that you filed a Writ of Mandamus lawsuit. Did you file Pro Se, one lawsuit with two plaintiffs? This may be a problem.

Well, in my case, we have two plaintiffs ( my husband and I ) when filing Pro Se. Both our cases were approved after 2 weeks the case was filed at the court.

 

[paz1960]

Whaaaaaaat !
I have filed my complaint (WOM i-485) in Newark, NJ. I did not received my summonses from Court yet. I am sueing against Michael Chertoff, Emilio T. Gonzalez, Paul Novak and Robert S. Mueller, III. I did not include Local Director of USCIS. Did I file with wrong court, Should I change the District Court to file? I saw many people who filed with Distrct Court in which the Plaintiff resides in previous pages. All they are include Local Director as defendant?
Is there anyone who won case under this Venue concern?
and one more question
Is Jurisdiction taken over to District Court from USCIS if Wom filed for I-485 just like 1447(b) filed?

I didn't invent this venue issue, see case 06cv1675 in S.D. Cal.

Somebody asked this jurisdiction issue couple of days ago. Please see my speculations about this. I think that USCIS is not losing jurisdiction if WOM is filed for AOS.

 

[paz1960]

Well, in my case, we have two plaintiffs ( my husband and I ) when filing Pro Se. Both our cases were approved after 2 weeks the case was filed at the court.

Congratulations for the success! This is again a good examle, how non-uniform is the method of handling these cases in different district courts, or even in the same district court but differetn judges. The case where AUSA motioned the court to dismiss plaintiff's complaint because Plaintiff and his wife were on the same complaint and they filed Pro Se is the one in my previous post (06cv1675 S.D. Cal.) This was in fact only a motion from the defendants, the judge didn't decide yet and the Plaintiffs hired a lawyer before their opposition to the motion to dismiss was due. A lawyer certainly can represent two Plaintiffs in the same lawsuit.

 

[paz1960]

I got lots of helpful information here. Thanks to everybody working hard on this issue.
I filed my lawsuit for Green Card application at the end of October.
(Should have done it earlier, but I was sent to the delivery room instead. )
Yesterday I checked online status, both my case and my husband's are approved.

Now I got another question. Do I need to withdraw my lawsuit? If I do, how to do it? Should I contact the district attorney? Is there any form to fill out for this?
Thanks very much for the help.

Dear rpshi,
I would wait till I get some official paper from USCIS that both my case and my spouse's case is approved. After that I would contact AUSA and tell him/her to file a Joint motion to dismiss because the case is moot. (S)he probably can handle this. There were members of this forum, who insisted and didn't dismiss their lawsuit till they didn't get the green card, but strictly speaking, in your lawsuit you didn't (and couldn't) ask the court to compel USCIS to approve your petition and send you the green card. You asked the court to compel defendants to ADJUDICATE your petition. And seems that they just did it.

 

[paz1960]

Dear Friends,

I have a question regarding how AUSA files the answer. I am in north california district, where AUSA is very familiar with immigration cases. They are pretty supportive and cooperative. However, I noticed that there are still about 20% of the cases received "answer" here and AUSA deny all allegations. I am trying to find out a pattern for those cases but was not very successful. Does anyone know what will lead to an answer? I assume they are most likely the cases can not be processed very soon, but AUSA can file a motion for extension in that case, why not for those? Thanks.

I would not spend too much time trying to speculate a pattern when the AUSA is answering the complaint and when the case is solved before the 60 day deadline. I think that not all the cases are identical, there can be many twists in them. It is clear that usually AUSA and USCIS are trying to solve these lawsuit cases before they have to answer the complaints, in the majority of the cases they can, in a smaller number of cases they can't or they don't want to. Why? I don't know.

 

[paz1960]

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

Dear Screaming Eagle,
I am really sorry to see that your N-400 application was denied. As soon as you receive the denial letter, you should file an appeal with USCIS. They have to schedule you for a hearing with an immigration supervisor in 180 days. If the denial is maintained, you can file an another lawsuit in the district court based on 8 U.S.C. 1421(c). But most important is to see what is the explanation why they denied your application. Please keep us informed about your case.

 

[dreamtoGC]

I didn't invent this venue issue, see case 06cv1675 in S.D. Cal.

Somebody asked this jurisdiction issue couple of days ago. Please see my speculations about this. I think that USCIS is not losing jurisdiction if WOM is filed for AOS.

I always Thanks to You, Paz
I am just asking you if I get same motion to dismiss from AUSA what can be my defence is there any case I can refer as a successful defence. (sorry I am not used to PACER to look at case 06cv1675 in S.D. Cal.)
Since it is just 1 week ago I filed WOM, Is it better off for me to withdraw my complaint and Re-file with th Court In D.C.
I am looking forward your suggestion

 

[rpshi]

Dear rpshi,
I would wait till I get some official paper from USCIS that both my case and my spouse's case is approved. After that I would contact AUSA and tell him/her to file a Joint motion to dismiss because the case is moot. (S)he probably can handle this. There were members of this forum, who insisted and didn't dismiss their lawsuit till they didn't get the green card, but strictly speaking, in your lawsuit you didn't (and couldn't) ask the court to compel USCIS to approve your petition and send you the green card. You asked the court to compel defendants to ADJUDICATE your petition. And seems that they just did it.

Thanks a lot.

 

[paradisebird]

Yes, we filed a Writ if Mandamus lawsuit. And, No, only my husband was listed on the complain as the plaintiff.

Just now we called US Attorney again. He said he would contact with USCIS. We don;t really need to do anything.

By the way, do we really don;t need to do anything? Can I still ammend the complain to list me as the plantiff if I was not listed in the original version at all? Or we have to file another case?

Thanks!

I assume that you filed a Writ of Mandamus lawsuit. Did you file Pro Se, one lawsuit with two plaintiffs? This may be a problem.

You didn't give 60 days to the government to solve the problem. The Federal Civil Procedure provides 60 days to ANSWER your complaint, when the defendant is the Government (or an agency, or an officer in his/her official capacity). You can't extend unilaterally the 60 day time limit. Defendants have to either answer your complaint or to file a motion. They can ask in that motion to extend the time they have to answer your complaint, or they can ask the court to dismiss your complaint or to remand the case to the Service.

In my opinion they most likely either will ask for an extension or move to ask the court to dismiss your complaint. It can happen that they will ask the court to dismiss the case because a Pro Se plaintiff can represent only him/herself, your husband's petition was approved, so the complaint is moot. In this case you may motion to leave to ammend your complaint, dropping your husband and leaving only you as a sole Plaintiff in the lawsuit.

Bottom line: at this moment defendants have to either answer or motion the court, you can't do anything. You can eventually talk to AUSA and convince him/her that (s)he would ask an extension and you agree with the extension, but looks that AUSA is not willing to cooperate (sending you to the USCIS attorney, who cannot be reached).

 

[paz1960]

Yes, we filed a Writ if Mandamus lawsuit. And, No, only my husband was listed on the complain as the plaintiff.

Just now we called US Attorney again. He said he would contact with USCIS. We don;t really need to do anything.

By the way, do we really don;t need to do anything? Can I still ammend the complain to list me as the plantiff if I was not listed in the original version at all? Or we have to file another case?

Thanks!

OK, in this case you can't use this lawsuit to force USCIS to adjust your status. I assume that your petition is based on your husband's application.

My understanding from the motion to dismiss in the case 06cv1675 (S.D. Cal.) is that you can't have more than one Plaintiff on a complaint filed Pro Se. If this is correct, the only way to force USCIS to adjudicate your case is to file an another complaint WOM with your name as a Plaintiff. However, it would be good if some other members of this forum would give you advice because I am not really familiar with the AOS cases and WOM lawsuits.

 

[rob waiter]

I AM SO CONCERNED. please keep us informed.

Well guys, INS answer to the judge' order was due today. They were ordered to render a decision on my N-400 application no later than Monday November 20, 2006. They did it!!!

Despite the fact I have served in the US Army during the war in Iraq, I have received many Military Medals and awards, and the Chief of Staff of the United States Army's Coin of Excellence while I was in Iraq, INS DENIED my citizenship application. I don't know their reasons, but I should receive a letter from them explaining why they deny it and how to appeal.

There is nothing wrong with my background that I can possibly think off. I guess I should adjust my status from a legal resident to "Illegal immigrant" oops, I meant "undocumented immigrant". This way I may get a path to citizenship.

At this point, I am not sure if I want to appeal their decision. They can simply take as long as they want to process my appeal.

Sorry guys, I let you down.... your advice is always welcome.

 

[paradisebird]

paz1960, thank you very much for all the help.

OK, in this case you can't use this lawsuit to force USCIS to adjust your status. I assume that your petition is based on your husband's application.

My understanding from the motion to dismiss in the case 06cv1675 (S.D. Cal.) is that you can't have more than one Plaintiff on a complaint filed Pro Se. If this is correct, the only way to force USCIS to adjudicate your case is to file an another complaint WOM with your name as a Plaintiff. However, it would be good if some other members of this forum would give you advice because I am not really familiar with the AOS cases and WOM lawsuits.

 

[Bushmaster]

I just received this from the congressman:

I am responding to your facsimile inquiry received October 12, 2006, concerning the name check status of Mr. <Bushmaster> for immigration purposes.


A review of the Federal Bureau of Investigation's (FBI's) Name Check Program database concerning this individual revealed that three requests were received from the United States Citizenship and Immigration Services. The submissions were received on July 31, 2003, September 13, 2004, and October 15, 2005, respectively. All three submissions are currently in a pending status.

The FBI is sensitive to the impact of the delays in processing name check requests. At the same time, the consequence of the FBI's mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. While an exact date for completion of this review cannot be given, please be assured that the results will be made available to the immigration authorities as quickly as possible.

I trust this information will assist you in responding to your constituent.

I have been holding up the petition situation since my commander agreed to write a memorandum to CIS to get things expedited.

However seeing Screaming Eagle's situation I don't think I have any hope of filing this 1447(b). Because we belong to same District Office, since both military, it is the same officer who is in charge. As soon as I file the petition I am going to get denied too. This is bullshit! They gave me a greencard before clearing my name check... How wonderful is that...

 

[Bushmaster]

About Screaming Eagle's situation,

As far as I know, there is no reason that his application should be denied, he didn't have any run-ins with the law, served in the military etc.

My attorney I retained for my AOS case told me when I was inquiring if he could file a 1447(b), when the INS is ordered to adjudicate by a certain date and they don't have the name check results yet, they move to deny the application because they don't have the name check information. Pressure should be applied to FBI not CIS. FBI can not deny anything. CIS can. I am thinking at this point that the same thing my attorney mentioned happened to Screaming Eagle. I don't think CIS is getting back at him because he filed a 1447 petition, they are denying it because they don't have name check results, they can not determine his good moral character, they could have, but they ran out of time.