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

[case number]

seeking advice

case number,

First of all, I am sorry to hear about your bad experience with US Attorney. This is owfull. Perhaps you should've remind him that you payed your fees when you applied for citizenship.
What district are you in? I am in Nor. Cal. and I cannot reach my US Attorney at all: no answer, no call returns. I called several times, but with no results.

i am in Western District of Virginia. if i were thinking a little bit faster i should have put him in his square with the fees for citizenship answer. i called the District Attorney office and from there i asked to transfer me to the civil section and i asked to speak with my adversary . wish you luck.

 

[case number]

Don't be discouraged, the fight will just begin. You already did the most difficult part: convincing yourself that you can do it Pro Se and actually filing your complaint. I sincerely believe that this is the most difficult task. Not to write up your complaint, but to learn enough that actually you gain enough self confidence that you can do it.

From what I saw in many similar cases, AUSA most likely will file a Motion to Dismiss or Remand. The "dismiss" part will be most likely based on the Danilov.v. Aguirre decision, and they will recycle the same sort of arguments. Being in Virginia, maybe this is not so trivial to fight. But there are many, many cases which didn't follow the Danilov judge.

In my opinion, the more difficult part is to fight the "remand". Because remand is fine, if timeline is attached, but remand without timeline means that you are exactly in the same situation as before you filed your lawsuit.

So you will need to convince the judge in your Opposition to defendants' motion to dismiss or remand that:
1. The court has jurisdiction over your case
2. If the judge decides to remand your case to USCIS (this is the second option in 8 USC 1447(b)), this remand should contain a clear, detailed instruction with time limits what USCIS and FBI should do to solve your case.

thanks paz for your sugestions! i am going to follow your advice and construct my fighting argument. i will post the motion from the AUSA and my response to that motion as soon as they become available. thanks again

 

[seagull009]

I actually sent an e-mail to the FBI to an address I received from my congressman back in mid August 2006, no answer as today. The FOIPA request to FBI I sent with regular mail (about the same time), I received the answer in about 3 weeks. I filed my complaint on October 24.

Thank you. For the FOIPA, do I need to provide my I-485 case number and Alien number? Do I need to write a cover letter like letter to ask them about the information of my name check? Thanks

 

[case number]

Case number,[/QUOTE

my case is based on marriage with a U.S. citizen since May 2001. i filled properly I-751 three years ago but i was never asked by USCIS to go to an interview to remove my conditional status, instead i was advised by one oficer one time while my passport was ready to expire and also their stamps , to go ahead and file for N-400 since the three years requirement were passed and he said that "they are going to approve both applications at the same time." Their main excuse was that "the lady who was handling I-751 for my region died" my husband asked "it was so hard to replace her for God sake." anyway i was interviwed in May,2006 for N-400 and of course i wanded up stuck in the name check and with two applications pending with USCIS. I did everything was in my power to try to push them, unfortunately i cannot do anything anymore but wait and feed myself with information. thanks God that i found this site in June, otherwise i was thinking that i am the only one who goes through this ordeal.

 

[wenlock]

LexisNexis

How do we get registered for Lexisnexis for research about WOM cases any one have any information about this please?

 

[wenlock]

Foipa

Thank you. For the FOIPA, do I need to provide my I-485 case number and Alien number? Do I need to write a cover letter like letter to ask them about the information of my name check? Thanks

GO to FBI website they have section about FOIPA request and form that you fill.

You do not need to get it notorized as long as you are signed statement that you are signing under penalty of purjery.

NO faxes make sure you mail original forms with signiture. Also make sure you send them all your previous addresses in last five year this speeds up the process ( I was informed by the lady at FOIPA support area at FBI )

Give them 20 days you will get your request back with requested information. Other guy who mentioned about his FOIPA taking more then year is talking about I believe FOIPA sent to USCIS not FBI. USCIS take more then 1.5 year for FOIPA request.

 

[wenlock]

Order

I wish I read this thread before I filed my WOM. I am really unlucky in my whole Immigration process. I filed my I-485 on Nov, 2003 based on EB2 NIW and name check pending for over three years. Then I filed WOM pro se on Nov. 3rd, 2006 and summoned on Nov. 8th. The due day is Jan. 8th. Yesterday I received "motion to dismiss" from AUSA. I attached this file in this thread. I know I need to do "oppose to motion to dismiss" in 3 weeks. did anyone has a sample about "oppose to mition to dismiss" for employment based I 485 case which I can follow to reply these BS.

THe motion to dismiss basically claim that
1. the court lacks subject matter jurisdiction
2. DHS processing of I-485 application to adjust status is a "discretionary" act
3. challege platiff with 2 cases been dissmissed by judge ( I attached one of the order from judge here) and claim that platiff can not cite any cases in which a court has held that mandamus will lie against the govement in such a circumstances.

I need some help here.
1. Did someone know cases based on I-485 and judge order defendants to perform their duties. Then I can fight back based on (3)
2. I want to do "motion to amemd pleadings" for my prayer in complaint. Is this possible that I do it at the same time as I opposite the motion to dismiss? Is it necessary to do it in my current stage?

the following is my previous prayer. I basically just copy my compain from some case in Pacer>

WHEREFORE, in view of the arguments and authority noted herein, the Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order:

(a) requiring Defendants to properly adjudicate Plaintiff’s application for action on an approved petition;
(b) requiring Defendants to provide the Plaintiff with a Notice of Approval;
(c) granting such other relief at law and in equity as justice may require.
when I read PAZ and wenlock' message
I want to update to PAZ suggested.

3. If I lose this case, How long I can file it again ? Is a chance to appeal?

My mood is really down now. I want to hear some suggestions from this thread. No matter what my case in such a inferior situation, I get to fight back.


Case number:
I also contacted my AUSA before he filed "motion to dismiss", my AUSA is really unprofessional. He basically complaint he is powerless to solve my case and he just make a living from his job. He contacted FBI and USCIS to try to expedite my case but seems to be failed. He didn't want to tell me what he really communicate with FBI. After he filed "motion to dismiss" and email me that he is constrained to do it due to the passage of time (what? 21 days earlier?). Basically my AUSA just want to finish my case as soon as possible before the holidays. I think he thinks that I am not professional in law and this motion is going to end his troubles.
I am not sure what your AUSA is going to file. But try to persuade him to file a "motion to extend", Not like my case (I didn't expect he is so fast to file this motion). It is holiday season. I think these beauracrats will not do any thing in next two weeks.

Don't be discouraged by my case. I will continue my fight and let you know the results. Although I didn't read too much about this thread, I can feel people here are supportive and help. I wish I find this thread earlier.

By the way, my personal email is "springxwang@yahoo.com" in case someone wants to send me a private email

I see order attched to your post. Is this your case order that Judge issued? Did he closed the case based on lack of subject matter Jurisdiction? or he gave you time line to respond to motion to dismiss?

Does any one have list of WOM related cases and summary of cases decisions? I am thinking about summary doc with all relavent cases and judgements?

 

[jzdc]

trust them or not

Great news, congratulations! You did the right thing requesting some written proof before you agree to dismiss your case.

You could not force the note and wait till your plastic GC arrives; you requested in your lawsuit to compel USCIS to adjudicate your case, not to compel them to send you the GC. But from what I saw on this forum in similar cases, the plastic GC arrived usually shortly after the approval.

Thank you Paz. You helped me(as well as others) a lot on my lawsuit. I think I will learn from you to help others also. It feels good to help others.

Like I said before, I don't have good luck when it comes to deal with government. My case was approved on Nov. 20. It has been almost a month now, I still haven't gotten the card. I am now seriously thinking not sign to dismiss my case until I get the card. However, that sounds like I am a difficult people. I just don't trust those lazy workers any more. I know some people here on this forum got the card within days after their case got apporved. I also check my case online and showing"case recieved and pending". I really want to end this whole thing quickly.

 

[wenlock]

Case history

I wish I read this thread before I filed my WOM. I am really unlucky in my whole Immigration process. I filed my I-485 on Nov, 2003 based on EB2 NIW and name check pending for over three years. Then I filed WOM pro se on Nov. 3rd, 2006 and summoned on Nov. 8th. The due day is Jan. 8th. Yesterday I received "motion to dismiss" from AUSA. I attached this file in this thread. I know I need to do "oppose to motion to dismiss" in 3 weeks. did anyone has a sample about "oppose to mition to dismiss" for employment based I 485 case which I can follow to reply these BS.

THe motion to dismiss basically claim that
1. the court lacks subject matter jurisdiction
2. DHS processing of I-485 application to adjust status is a "discretionary" act
3. challege platiff with 2 cases been dissmissed by judge ( I attached one of the order from judge here) and claim that platiff can not cite any cases in which a court has held that mandamus will lie against the govement in such a circumstances.

I need some help here.
1. Did someone know cases based on I-485 and judge order defendants to perform their duties. Then I can fight back based on (3)
2. I want to do "motion to amemd pleadings" for my prayer in complaint. Is this possible that I do it at the same time as I opposite the motion to dismiss? Is it necessary to do it in my current stage?

the following is my previous prayer. I basically just copy my compain from some case in Pacer>

WHEREFORE, in view of the arguments and authority noted herein, the Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order:

(a) requiring Defendants to properly adjudicate Plaintiff’s application for action on an approved petition;
(b) requiring Defendants to provide the Plaintiff with a Notice of Approval;
(c) granting such other relief at law and in equity as justice may require.
when I read PAZ and wenlock' message
I want to update to PAZ suggested.

3. If I lose this case, How long I can file it again ? Is a chance to appeal?

My mood is really down now. I want to hear some suggestions from this thread. No matter what my case in such a inferior situation, I get to fight back.


Case number:
I also contacted my AUSA before he filed "motion to dismiss", my AUSA is really unprofessional. He basically complaint he is powerless to solve my case and he just make a living from his job. He contacted FBI and USCIS to try to expedite my case but seems to be failed. He didn't want to tell me what he really communicate with FBI. After he filed "motion to dismiss" and email me that he is constrained to do it due to the passage of time (what? 21 days earlier?). Basically my AUSA just want to finish my case as soon as possible before the holidays. I think he thinks that I am not professional in law and this motion is going to end his troubles.
I am not sure what your AUSA is going to file. But try to persuade him to file a "motion to extend", Not like my case (I didn't expect he is so fast to file this motion). It is holiday season. I think these beauracrats will not do any thing in next two weeks.

Don't be discouraged by my case. I will continue my fight and let you know the results. Although I didn't read too much about this thread, I can feel people here are supportive and help. I wish I find this thread earlier.

By the way, my personal email is "springxwang@yahoo.com" in case someone wants to send me a private email

I looked at your case on Pacer. I see a lot of motions and then you entered attorney on your behalf. Give us some details what happened with your case. How did US attorney responded was he helpful or not?

I see Judge already made Judgement but your attorney asked for trial before that what are details about that give us soem more information

Send me PM if you do not want to share with forum

 

[kk405]

Need help in NYC

I can not begin to tell all of you who have been posting valuable and very detailed information on this site, what an important and honorable thing it is you have done. It is truly a sad time that we, as legal residents of this country, who have been through numerous check and re-checks, are still being subject to such humiliating and extraordinarily disruptive roadblocks toward once and for all becoming a U.S. Citizen. Without making this too long,

A brief background: I have been a green card holder since 6-12-2000. I have an MBA from an ivy league school and a high paying job on wall street. I travel very extensively and have changed 3 passports in the last 2 years with more than 50 visas in them, having been checked numerous times by our own government as well as others. The reason I am saying all this is that I have no clue why it has taken so long for the USCIS or the FBI to complete my background check or anything else that may be holding my application. I filed my N400 on March 17, 2005 and it was received by USCIS on March 19, 2005. I received the appointment for my fingerprinting rather quickly and did so on May 3, 2005. My interview date at the Worth Ave. office in Manhattan was on November 16, 2005. After passing the exam, I was told by the immigration office that she can not approve my case yet (she check marked the bottom of the form where it says ‘B) A decision cannot yet be made about your application’. She mentioned that my background check is not yet complete, but oddly enough told me that ‘if you have not heard from me within 120 days, this is my address and name, write to me.’ I wasn’t sure what the significance of 120 days is (now I know, after stumbling upon this message board). So, 4 months passed and I wrote her and a very generic reply came back USCIS that ‘your N-400 application is still under review…’ I wrote one more time and the same reply came back. So, I made 3 InfoPass appointments from June to October of 2006. First time, I was told the application is still being reviewed and they could not give me ANY additional information including how long it may take or if I could talk to anyone else, including the reviewer or a supervisor. Second time I was told that my INS agent is gone and the case is being handled by a different agent whom I can not get the name of and he is reviewing the case! And the third time they told me it is still being reviewed and they can not give me any additional information, after which I came home, did some research and found this forum; an incredible gem!!!!

I have two questions and requests: First, does anyone know of a lawyer in New York City who may be willing to file the necessary paperwork and has done it successfully, for a reasonable fee? If not, I am willing to go through the process myself, like so many of you have. And my second question is, has anyone filed this suit in NYC? And if so, can someone please send me the link to the proper forms, documents that need to be filed (this can also be the link to any relevant posting on this site).
************************************************** *******

Application Sent: 03/17/2005
Application Received by USCIS: 03/19/2005
Fingerprinted: 5/3/2005
Interview Date: 11/16/2005
Oat Date: XX/XX/XXXX

 

[Comfused]

I see order attched to your post. Is this your case order that Judge issued? Did he closed the case based on lack of subject matter Jurisdiction? or he gave you time line to respond to motion to dismiss?

Does any one have list of WOM related cases and summary of cases decisions? I am thinking about summary doc with all relavent cases and judgements?

Wenlock: Thank you to reply my message. My case is located in Southern district of Texas in Houston area. The attached order is what AUSA referrenced a lost case about WOM for I485 in his "motion to dismiss", not the judge order for my case (at least not now). AUSA referrenced 2 cases of WOM for I485 that judge ordered to dismiss the WOM (pg 5 and 6 in "motion to dismiss") and he chanllenged me that "Plaintiff can not cite any cases in which a court has held that mandamus will lie against the governmnet in such a circumstances (last sentence in pg 4.). That is why I asked if someone know WOM cases about I485 which judge ordered defendants to perform their duties in the previous message. I only saw a few cases about N400 that judge ordered defendants. I am collecting info to try to oppose it. I will really appreciated if you can give me suggestions or have some good samples of "oppose to motion to dismiss" in I485 cases.

 

[wenlock]

Info

Wenlock: Thank you to reply my message. My case is located in Southern district of Texas in Houston area. The attached order is what AUSA referrenced a lost case about WOM for I485 in his "motion to dismiss", not the judge order for my case (at least not now). AUSA referrenced 2 cases of WOM for I485 that judge ordered to dismiss the WOM (pg 5 and 6 in "motion to dismiss") and he chanllenged me that "Plaintiff can not cite any cases in which a court has held that mandamus will lie against the governmnet in such a circumstances (last sentence in pg 4.). That is why I asked if someone know WOM cases about I485 which judge ordered defendants to perform their duties in the previous message. I only saw a few cases about N400 that judge ordered defendants. I am collecting info to try to oppose it. I will really appreciated if you can give me suggestions or have some good samples of "oppose to motion to dismiss" in I485 cases.

Ok great I got your point. I sent you email on your yahoo address with related case and motion to dismiss answer all credit goes to Paz1960 for his kindness for forwarding that case to me. Due to privacy issues I am not attaching that file to this post.

 

[Comfused]

Ok great I got your point. I sent you email on your yahoo address with related case and motion to dismiss answer all credit goes to Paz1960 for his kindness for forwarding that case to me. Due to privacy issues I am not attaching that file to this post.

Wenlock:
Thank you very much to response my message so quick. I will do my homework tonight and fight back. Paz1960, Thank you too. With your kindness and help, I have courages to gear up my last energy to fight until the last minutes.

 

[Turk007]

Hi,

I am about to file a writ of mandamus against DHS, USCIS, FBI for not processing my I-485 case for 15 months. I contacted my district director about the case and, i was told that they were gonne work on it, and told me to wait until January 15th. But i cant wait that long. I have Temp EAD that will expire on January 17th. I applied for the new one in november but i was told i wouldnt get it til march. I am a state employee currently, and have to show them that i can work legally here. I am also a Union member with the state. Couple Questions:

1.) Can Union help me with this issue?
2.) Can state fire me for not having a legal document to work after January 17th?
3.) Should i file the lawsuit right away?
4.) Should i wait till the 15th of January, and hope that they take care of it?
5.) I am filing the lawsuit as per se, i couldnt find a lawer that does litigation in my area. How successfull will i be for filing it on my own?
6.) What is the earliest i can get this issue resolved if i file tomorrow or the next day?
7.) Whats the success rate of getting filing fees back from the defendants?
8.) Anybody knows a good case based on a marriage to US citizen, pending FBI name check for I-485 adjustment of status? (I dont even have conditional green card, thats what i am fighting for now).
9.) Any ideas what my chances are with this mess the system created for us to be resolved quick and painless?Any pointers?
10.) Anybody knows the fax number to DHS or USCIS or FBI? I want to fax them a letter stating my intention and give them couple of days to respond back. Good idea or bad?


Thanks
Turk

 

[sfdurrani]

talked to AUSA today

Hello guys,
I talked to my AUSA today. I had actually called a week ago and found out that attorney assigned to my case was on vaccation till Jan5, 2007. I was transferred to the one covering for her this week. He told me that he had submitted a request to FBI for expedited name check. He said that it takes average 30 days for expedited name check. He then mentioned that there is backlog even in expedited name check. He was very courteous and cardial. I am happy that he did not talk of any dismissal and at least seemed very willing to resolve the case. Lets see how it plays out. I really appreciate the help and input from this forum and especially from people like paz 1960 who are the torch bearers. Excellant job!

 

[paz1960]

Hi,

I am about to file a writ of mandamus against DHS, USCIS, FBI for not processing my I-485 case for 15 months. I contacted my district director about the case and, i was told that they were gonne work on it, and told me to wait until January 15th. But i cant wait that long. I have Temp EAD that will expire on January 17th. I applied for the new one in november but i was told i wouldnt get it til march. I am a state employee currently, and have to show them that i can work legally here. I am also a Union member with the state. Couple Questions:

1.) Can Union help me with this issue?
2.) Can state fire me for not having a legal document to work after January 17th?
3.) Should i file the lawsuit right away?
4.) Should i wait till the 15th of January, and hope that they take care of it?
5.) I am filing the lawsuit as per se, i couldnt find a lawer that does litigation in my area. How successfull will i be for filing it on my own?
6.) What is the earliest i can get this issue resolved if i file tomorrow or the next day?
7.) Whats the success rate of getting filing fees back from the defendants?
8.) Anybody knows a good case based on a marriage to US citizen, pending FBI name check for I-485 adjustment of status? (I dont even have conditional green card, thats what i am fighting for now).
9.) Any ideas what my chances are with this mess the system created for us to be resolved quick and painless?Any pointers?
10.) Anybody knows the fax number to DHS or USCIS or FBI? I want to fax them a letter stating my intention and give them couple of days to respond back. Good idea or bad?


Thanks
Turk

First of all, welcome to this forum. I would recommend that before you file your complaint, do your homework and read a lot of posting on this forum. I recommend especially the early pages written by the founders of this forum, if you have enough time and patience you will find all the answers to your questions.

Many of your questions are a bit too general, but I'll try my best to answer them as well as I can. I'm sure that other members will also pitch in.

1. I don't think that the Union can help you with this. If US senators and US representatives can't help, it it unlikely that a Union can. Some people had success contacting the First Lady's office, their name checks were expedited.
2. If you don't have a document to prove that you are allowed legally to work in the US, theoretically any employer (not only a state employer) not only can but is required to terminate you. However, I heard some anecdotical evidence that if the gap is only small (between two work permits) they will not terminate the alien but they will not pay him/her during the gap and they will make up the lost wage after the new work permit arrives. But I don't have any specific example.
3. This depends. I would not file Pro Se before I get familiar with the whole process. The 15 months is also at the lower limit in order to have a chance that the judge will consider the delay unreasonably long. In most of the favorable decisions the waiting time was close or more than 2 years. But you can try.
4. I personally don't believe that they will process your case till January 15, but I am biased, I'm waiting more than 2 years now...
5. This question has no exact answer. I don't have any reliable statistical data to judge what is your chance to win your case. There were many sucesses reported on this forum, many of these success stories were fought by Pro Se Plaintiffs.
6. Tomorrow or the next day. But not because your lawsuit...Again, no good, educated answer exists. I saw cases when the approval came days after filing the lawsuit, knowing how the system works (or at least pretending to know something about it), it was a pure coincidence.
7. Depends. If you win your case, i.e., there is a court order in your favor, you can ask for your costs associated with the lawsuit. If your case is solved before any order, nobody gets anything. If you lose, you can be ordered to pay the costs of the defendants.
8. hope that somebody else has such a case, mine is a N-400 application based on 5-year residency
9. To answer this question, I would need to be able to predict the future. I would rather be in that case on Wall Street or at the lottery. If you are lucky, your case will be resolved quickly and without any major pain. If you are lucky, you may win the jackpot... But rather prepare yourself for a long and hard fight.
10. This is the letter of intent to file a lawsuit. The success rate according to some guesses posted earlier on this forum, is about 30%, but I believe that it is only anectotical. Nobody has good hard data about this. To build a good, solid case for a WOM lawsuit, maybe it is not a bad idea. I would send this letter to the USCIS DO where my case is pending. You can send it by certified mail, in this way you will have a proof of mailing. I don't have the requested fax numbers. But to have a solid case for a WOM lawsuit, you will need to do a lot of additional steps, to show that you exhausted practically all possible avenues to resolve your case peacefully. I'm afraid, that these steps can't be done in a couple of days.

 

[paz1960]

I can not begin to tell all of you who have been posting valuable and very detailed information on this site, what an important and honorable thing it is you have done. It is truly a sad time that we, as legal residents of this country, who have been through numerous check and re-checks, are still being subject to such humiliating and extraordinarily disruptive roadblocks toward once and for all becoming a U.S. Citizen. Without making this too long,

A brief background: I have been a green card holder since 6-12-2000. I have an MBA from an ivy league school and a high paying job on wall street. I travel very extensively and have changed 3 passports in the last 2 years with more than 50 visas in them, having been checked numerous times by our own government as well as others. The reason I am saying all this is that I have no clue why it has taken so long for the USCIS or the FBI to complete my background check or anything else that may be holding my application. I filed my N400 on March 17, 2005 and it was received by USCIS on March 19, 2005. I received the appointment for my fingerprinting rather quickly and did so on May 3, 2005. My interview date at the Worth Ave. office in Manhattan was on November 16, 2005. After passing the exam, I was told by the immigration office that she can not approve my case yet (she check marked the bottom of the form where it says ‘B) A decision cannot yet be made about your application’. She mentioned that my background check is not yet complete, but oddly enough told me that ‘if you have not heard from me within 120 days, this is my address and name, write to me.’ I wasn’t sure what the significance of 120 days is (now I know, after stumbling upon this message board). So, 4 months passed and I wrote her and a very generic reply came back USCIS that ‘your N-400 application is still under review…’ I wrote one more time and the same reply came back. So, I made 3 InfoPass appointments from June to October of 2006. First time, I was told the application is still being reviewed and they could not give me ANY additional information including how long it may take or if I could talk to anyone else, including the reviewer or a supervisor. Second time I was told that my INS agent is gone and the case is being handled by a different agent whom I can not get the name of and he is reviewing the case! And the third time they told me it is still being reviewed and they can not give me any additional information, after which I came home, did some research and found this forum; an incredible gem!!!!

I have two questions and requests: First, does anyone know of a lawyer in New York City who may be willing to file the necessary paperwork and has done it successfully, for a reasonable fee? If not, I am willing to go through the process myself, like so many of you have. And my second question is, has anyone filed this suit in NYC? And if so, can someone please send me the link to the proper forms, documents that need to be filed (this can also be the link to any relevant posting on this site).
************************************************** *******

Application Sent: 03/17/2005
Application Received by USCIS: 03/19/2005
Fingerprinted: 5/3/2005
Interview Date: 11/16/2005
Oat Date: XX/XX/XXXX

Welcome to this forum. I totally understand your frustration and confusion, we are all in the same boat here.

There are virtually unlimited reasons why your name check wasn't completed yet. If you look the lawsuits filed for stalled naturalization applications, you will notice a pattern: most of the plaintiffs have names typical in certain countries. Your job may be also one reason, having access to important financial, scientific, technical data. Your many travels may be also a reason. And the speculations can be continued for pages.

Hope that somebody from the NYC area can help you with a lawyer's address. You can search similar cases in your district court subscribing to PACER and research cases posted there. Many of such cases are represented by attorneys; you can find in the complaints the name and contact info of the attorney. Look for successful cases, the probablility that the attorney is a good one is higher.

 

[Turk007]

First of all, welcome to this forum. I would recommend that before you file your complaint, do your homework and read a lot of posting on this forum. I recommend especially the early pages written by the founders of this forum, if you have enough time and patience you will find all the answers to your questions.

Many of your questions are a bit too general, but I'll try my best to answer them as well as I can. I'm sure that other members will also pitch in.

1. I don't think that the Union can help you with this. If US senators and US representatives can't help, it it unlikely that a Union can. Some people had success contacting the First Lady's office, their name checks were expedited.
2. If you don't have a document to prove that you are allowed legally to work in the US, theoretically any employer (not only a state employer) not only can but is required to terminate you. However, I heard some anecdotical evidence that if the gap is only small (between two work permits) they will not terminate the alien but they will not pay him/her during the gap and they will make up the lost wage after the new work permit arrives. But I don't have any specific example.
3. This depends. I would not file Pro Se before I get familiar with the whole process. The 15 months is also at the lower limit in order to have a chance that the judge will consider the delay unreasonably long. In most of the favorable decisions the waiting time was close or more than 2 years. But you can try.
4. I personally don't believe that they will process your case till January 15, but I am biased, I'm waiting more than 2 years now...
5. This question has no exact answer. I don't have any reliable statistical data to judge what is your chance to win your case. There were many sucesses reported on this forum, many of these success stories were fought by Pro Se Plaintiffs.
6. Tomorrow or the next day. But not because your lawsuit...Again, no good, educated answer exists. I saw cases when the approval came days after filing the lawsuit, knowing how the system works (or at least pretending to know something about it), it was a pure coincidence.
7. Depends. If you win your case, i.e., there is a court order in your favor, you can ask for your costs associated with the lawsuit. If your case is solved before any order, nobody gets anything. If you lose, you can be ordered to pay the costs of the defendants.
8. hope that somebody else has such a case, mine is a N-400 application based on 5-year residency
9. To answer this question, I would need to be able to predict the future. I would rather be in that case on Wall Street or at the lottery. If you are lucky, your case will be resolved quickly and without any major pain. If you are lucky, you may win the jackpot... But rather prepare yourself for a long and hard fight.
10. This is the letter of intent to file a lawsuit. The success rate according to some guesses posted earlier on this forum, is about 30%, but I believe that it is only anectotical. Nobody has good hard data about this. To build a good, solid case for a WOM lawsuit, maybe it is not a bad idea. I would send this letter to the USCIS DO where my case is pending. You can send it by certified mail, in this way you will have a proof of mailing. I don't have the requested fax numbers. But to have a solid case for a WOM lawsuit, you will need to do a lot of additional steps, to show that you exhausted practically all possible avenues to resolve your case peacefully. I'm afraid, that these steps can't be done in a couple of days.

Thank you very much for your answers. They were helpful. I know i cant work without an EAD and I was honest and told my employer. They are hopefull i will have it before Jan 17th. I am hoping maybe i can get leave of absence til the new one comes. I have done lots of research through this forum. I have written the complaint letter, filled out the civil cover sheet, got all the papers i got from INS. Letters from INS regards to case status request. I contacted congressman, senators, they were unable to help me. I sent the lawsuit papers to district director and she told me she will work on it, but for some reason i dont trust her, i dont think she is working on it, if she wanted to help and get it done, she could do it in one day. 15 months maybe not a long time but according to the law, they were suppose to get our green cards within 120-180 days, they dont obey their own rules, what are we suppose to do? We have lives, you have family, we have bills to pay, kids to feed. I shouldnt have to put my live on hold for this crap. All i have to lose if i lose the case is money, what the hell, i already spent thousands, what if i spend some more, make the government richer and myself poorer. I tried to get a lawer but couldnt find one that will take my case. I dont trust lawers anyways. There is a wonderful saying "IF YOU WANT SOMETHING DONE, DO IT YOURSELF". I am an educated man, a very smart one as well. I wont let this system beat me. I have seen cases where a lot of people succeded, why not me, or you or anybody else who is trying to do the same thing.
Before i made my mind about the lawsuit, i looked at the previous threads and learned a lot. I think i have a good case, its up to the judge to decide how good it is. Maybe he/she will be sorry for me and help me or he/she will be a jerk and deny it, what do i have to lose? Money. What the hell, money comes and goes. What if i dont eat for a week, what if i dont work for a month, its not the end of the damn world. I wont know until i file and see the result, I lose i lose, i win more power to me and others trying to sue the government. I even contacted CNN to make news out of it, i waiting a respond from Lou Dobbs and Wolf bilitzard.. Why not show the real face of this system and government on national tv. Why not make officals faces red? maybe our voices will be heard. Maybe not, but wont know until we try, and i am determined to do so. I am not gonne let bunch of idiots running this government to ruin my life and my family's life. WE HAVE TO FIGHT TO WIN THIS. as a group i am sure we can show power and overcome this government and CONQUER. Thanks for your response again, and i will try to update on my situation on daily basis.

 

[Turk007]

One more thing, This will amaze all of you who read it, and i feel like i should let everbody know about it. I recently found out that an old friend of mine applied for his green card and got his green card in less than 2 months. Yes you read it right, LESS THEN TWO MONTHS. He said he applied January 06 and got it like in march. He came here as a student and overstayed his visa, he even has criminal records, was illegal when he applied for green card. Can anybody make sense of this? How is it possible that he got his green card in less than 2 months? Even his lawer was shocked, he said. If anybody has an answer for this, please let me know. It sure does not sound fair to any of us who have been waiting for months. I have a big problem when an illegal person who pays no taxes, uses our tax dollars for health care and has criminal records get his/her green card wayyyyyy before a person who pays taxes, have been legal, and no criminal history. Does anybody feel the same way? or is it just me? Any ideas would be helpful to understand this system.

Thanks
Turk007

 

[edgrapes]

FOIPA reply received

Guys,

I just wanted to share that I finally received a reply from FBI on my FOIPA request with 'no records' statement. Please, see my signature for detailed timeline.

Best regards to all.