micahel1008
Registered Users (C)
Did you try to contact your AUSA? She/He will give you some useful information and direction from USCIS.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Did you try to contact your AUSA? She/He will give you some useful information and direction from USCIS.
pankajkandhari
Registered Users (C)
I have a question for you, you said submitted I-485 in Sept'05 and filed WOM in Oct'06. That means you only waited 13 months before filling WOM, Is that right..?? I mean I want to know when is this name check thing apply.. is it after you submit 485 or when in march you did I-140?
I just wanted to know this time line as everyone seems to say again and again wait for at least 2 years but if I am understanding it correctly, then it will be opening new doors for everyone after you win.. then judge can's say that 13 months is not long enough?
Your understanding is right. My PD date (i140) is March 2005. I filed WOM because the PD is out of the regular processing time. It appears that filing a WOM does push USCIS to expediate my name check.
I posted the case which I got from AUSA's MTD. It is tough to respond to the case for me as well....
Once again I would like to emphasize again. Writ of Mandamus is extraordinary measure. Judges DO NOT LIKE to use it. Burdun of proof lie on Plaintiff that waiting time is Unresonable. Some Judge who were convinced found that 1.5 - 2 year time is unresonable but in some cases Judges found 4-5 year wait resonable. So it all depends on how you present the case. How you approach it and prove your point. On average Judges recommended time approaching two years is unreasonable.
I don't know how 5 USC 704 comes in to play you are not challenging agencies "Action" you are complaining about agencies "inaction" to take action on your application.
Its kind of like maze of words how you use it for your benefit.
pankajkandhari
Registered Users (C)
Congrats !!! Enjoy your victory
pankajkandhari
Registered Users (C)
Thanks for the great link
pankajkandhari
Registered Users (C)
I found some things for you... I have been collecting attachments from previous threads. I am educating myself at this time.. please keep me posted of your developments and if you need anything which was posted on this thread, I might have it..
Good Luck
I would recommend couple of things for the beginning.
1. Think seriously about going Pro Se or hiring a lawyer. If you decide to represent yourself, you need to educate yourself in these legal matters. This will need a lot of time and effort, dedication and perseverence. It is not impossible, many of us did it and you can find essentially all the necessary information already posted on this forum. The problem is that it is not in an organised way, you will need lot of patience to go through this postings.
2. Subscribe to PACER. That's the place where you can look up for similar cases and follow your case after you filed your complaint. This is a for fee service, every downloaded page cost 8 cents; you can end up with large bills, if you are not wise and careful.
3. Read the Northern California District Pro Se handbook. (You probably can download it from the court's web site. I posted it here on this forum several times) It is an excellent resource of information; probably many other districts have similar handbooks, my district's is far from the previously mentioned one.
4. Be prepared that just filing the complaint most likely will not be enough to solve your case because USCIS stopped to automatically request an expedited processing of the name check. This change in their policy is in effect since Dec. 21, 2006. You will need to be able to oppose a motion to dismiss, which is very likely to come and eventually to go in person to trial and defend your case in front of a judge, facing another law-educated person, the Assistant US Attorney (AUSA) who is the counsel for your defendants.
Now the answers to your questions:
1. it was already posted couple of posts before the present post.
2. You can read the simple explanation of these in the Pro Se handbook I mentioned. You can also use Google.
motion (legal), = a procedural device in law to bring a limited but contested matter before a court for decision
In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions.
(both definitions are from Wikipedia)
3. In your case you should not worry about 1447(b). This is a section of a Statue (8 U.S.C.) and gives the legal basis for judiciar review of stalled naturalization applications. Has nothing to do with AOS cases.
united2007
Registered Users (C)
United to success
Dear PAZ and All my other friends here:
I have been watching this forum for nearly half year.
I filed my I-140 in March 2003 based on EB2, and filed my I-485 in September 2003. My I-140 was approved in middle 2004, and my I-485 (AOS) has been pending for all of the past 3.5 years. I contacted my congressmen, and of course the delay was due to "security check".
My case is indeed special in one sense. I already passed all of the FBI security check in Oct. 2003 in a separate case. Since my wife was approved for an asylum status in 2003, and I went through all of the FBI security check, and also got the asylum status then. The FBI check at that time took about five month, and I was told by the immigration official that my name was initially got a hit in their system. Of course, I know I have to go through all of the FBI security check again for my I-485 case, because my current I485 case has been delayed out of the 15-month valid period. However, I do think this is a good situation to me, because (1) it shows my background is clear, and (2) it shows that FBI is capable of finishing my background check within 5 months, if they are willing to do it.
I filled my WOM for AOS in late Dec 2006 in NJ district court. I called the AUSA for the first time in late Feb, 2007, just two weeks before the original deadline. He was polite, but he said he might have to file a MTD to my case. Later, the AUSA asked for an extension, which postponed the deadline for a response to March 21, 2007.
In the past two weeks, I have been emailing him a few times. I hope to establish a good relationship with him, and hope he can feel my pain as a human being. Yesterday, I received a notice from USCIS, saying that my cases have been transferred to Texas Service Center. Originally, I thought it was because the AUSA help me make USCIS to work on my case, and I emailed him to thank him. However, when I called AUSA today, he told me that "I don't know how significant the notice is". That is, he didn't really help move forward my case, and the notice had nothing to do with him. I was so disappointed with his attitude! What was worse was that he clearly told me that he will file a MTD to my case. I feel the cool in his voice, and I know I can't depend on him as a "friend" anymore.
I have to start preparing my Opposition to MTD now. I read some of the orders of some "bad cases". I think the most damaging one is the order of the "Akram SAFADI 1:06CV1055" case. From this order, I fully understand that we have to unite to fight, because each case will have some consequence to the following cases, either good one or bad one.
I will start to post some of my ideas to address a MTD in the following posts. Please let me know if you still want to know other background information regarding my case, before we start the brainstorm.
Dear PAZ and All my other friends here:
I have been watching this forum for nearly half year.
I filed my I-140 in March 2003 based on EB2, and filed my I-485 in September 2003. My I-140 was approved in middle 2004, and my I-485 (AOS) has been pending for all of the past 3.5 years. I contacted my congressmen, and of course the delay was due to "security check".
My case is indeed special in one sense. I already passed all of the FBI security check in Oct. 2003 in a separate case. Since my wife was approved for an asylum status in 2003, and I went through all of the FBI security check, and also got the asylum status then. The FBI check at that time took about five month, and I was told by the immigration official that my name was initially got a hit in their system. Of course, I know I have to go through all of the FBI security check again for my I-485 case, because my current I485 case has been delayed out of the 15-month valid period. However, I do think this is a good situation to me, because (1) it shows my background is clear, and (2) it shows that FBI is capable of finishing my background check within 5 months, if they are willing to do it.
I filled my WOM for AOS in late Dec 2006 in NJ district court. I called the AUSA for the first time in late Feb, 2007, just two weeks before the original deadline. He was polite, but he said he might have to file a MTD to my case. Later, the AUSA asked for an extension, which postponed the deadline for a response to March 21, 2007.
In the past two weeks, I have been emailing him a few times. I hope to establish a good relationship with him, and hope he can feel my pain as a human being. Yesterday, I received a notice from USCIS, saying that my cases have been transferred to Texas Service Center. Originally, I thought it was because the AUSA help me make USCIS to work on my case, and I emailed him to thank him. However, when I called AUSA today, he told me that "I don't know how significant the notice is". That is, he didn't really help move forward my case, and the notice had nothing to do with him. I was so disappointed with his attitude! What was worse was that he clearly told me that he will file a MTD to my case. I feel the cool in his voice, and I know I can't depend on him as a "friend" anymore.
I have to start preparing my Opposition to MTD now. I read some of the orders of some "bad cases". I think the most damaging one is the order of the "Akram SAFADI 1:06CV1055" case. From this order, I fully understand that we have to unite to fight, because each case will have some consequence to the following cases, either good one or bad one.
I will start to post some of my ideas to address a MTD in the following posts. Please let me know if you still want to know other background information regarding my case, before we start the brainstorm.
Mr.Forever485
Registered Users (C)
Thanks a lot. This will help me a lot.
If I do WOM, probably that will be after April,2007. Right now I am confused to whether shall I hire a lawyer or not. Even if I hire a lawyer, it will be wise to understand basics of WOM and some legal terms.
When I have time, I will sum up my story in this forum. I know may people have similar story and those are already here.
This forum is great. People are amazing and helpful. Thanks again!!!!
If I do WOM, probably that will be after April,2007. Right now I am confused to whether shall I hire a lawyer or not. Even if I hire a lawyer, it will be wise to understand basics of WOM and some legal terms.
When I have time, I will sum up my story in this forum. I know may people have similar story and those are already here.
This forum is great. People are amazing and helpful. Thanks again!!!!
paz1960 please
thanks here all help and right now I got oath mail, but it have 8 problems
-have you traveled outside the united states?
I have two time in six years to went to back my country and only for a month'
-have you brrn arrested, cited, charged, indicted, fined, or imprisoned for breaking or violation any law or ordinance, including traffic violations?
that is no or yes?
I have 2 times to paid fine for speeding and not given sign on turn right.
they can effect in that oath day ( have some trouble?).
I just got the letter of oath
July 26,2005 N-400 interview passed
Nov 6, 2006 made file for lawsue
Mar 3 ,2007 got the letter of oath
Mar 5, 2007 dismissed the case
thanks here all help and right now I got oath mail, but it have 8 problems
-have you traveled outside the united states?
I have two time in six years to went to back my country and only for a month'
-have you brrn arrested, cited, charged, indicted, fined, or imprisoned for breaking or violation any law or ordinance, including traffic violations?
that is no or yes?
I have 2 times to paid fine for speeding and not given sign on turn right.
they can effect in that oath day ( have some trouble?).
I just got the letter of oath
July 26,2005 N-400 interview passed
Nov 6, 2006 made file for lawsue
Mar 3 ,2007 got the letter of oath
Mar 5, 2007 dismissed the case
5 Usc 704
Now I understand that 704 includes two categories: "agency action reviewable" and "final action"
Thanks a lot!!
Now I understand that 704 includes two categories: "agency action reviewable" and "final action"
Thanks a lot!!
MidofFighting
Registered Users (C)
United2007,
I feel your pain and you disappointment at your AUSA. But I don't really think it is worth it. To me, you have put too high a hope on a wrong person. Afterall, he is the counsel of the defendants. Even if he has true sympathy, his professional ethics require him to work in the benefit of USCIS. My AUSA filed a MTD right from the begining. I am angry but I don't blame him. I just fight back (hopefully successfuly - we will see). That said, I still think it is important to remain a good WORKING relationship (not freindship) with you AUSA. He may be able (or willing) to push things for you if it is in the interests of both parties.
I wouldn't worry too much about the SAFARI case, after all there are so many good cases for you to cite. Just a few pages before, someone has posted the Ibrahim-response to MTD. That is a good example that I followed too. You may want to take a look.
Wish you best of luck
Finally, I talked to a local lawyer about the judge's recommendation of hiring a lawyer for my case. He will charge me on hours. $250/hour. He said it could easily go more than $5000 for my case. I don't know if I should hire him or just wait since my previous AUSA told me that my name check was expedited.
United,
Read about this on oh law web site. It said part of the Phase III Bi-Specialization Program being implemented sooner than expected will transfer cases to TSC. The good news is that you already have a case filed so if these "manual" transfers (which are bound to produce some additional delays) do effect your case at all will be brought to light sooner.
You might just have to include the TSC director in your suit, and play pin ball.
Gurus agree/disagree?
My opinion is law schools have a class on "how to be a scumb@g" ....... and most students take it.
Heard this somewhere:
Why don't sharks attack lawyers?.................... proffessional curtosy!
-ipoh.
lenscrafterslen
Registered Users (C)
Fingerprint notification
Gurus, need some help here and would really appreciate any answers.
****I know I may be able to find some answers from the now incredibly long thread, but i am tooooo beaten up by my teaching schedule now--so I greatly appreciate anyone who can help.****
I filed lawsuit in 10/06 and in our first pre-trial conference early January, the AUSA requested a two-month extension and the judge granted it.
Last week when the time came the AUSA requested again for extension, citing a conflict he had. So we will meet in court early April.
Today both my spouse and I got a package from USCIS asking us to do a fingerprint. This notice looks different from our first (and only) finger print request two years ago.
Here are some questions:
1. It says "INS must send my fingerprints to the FBI to continue processing my I-485". Didn't they get my finger print last time? What is the purpose for multiple-fingerprint?
2. It says I must bring my Alien Registration Card; if I don't have it, bring alternative IDs such as passport. I don't think I have ARC, so if I just bring my passport, that would be fine right?
3. The package also comes with a request for a visit to USCIS local office, asking us to ask for "immigration examiner". Is this an "interview"? What does it involve?What should I expect? How long does it usually take? I have to teach two hours after the set time--do you guys think it is sufficient?
4. The package also comes with an overwhelmingly long I-864 form. What is thta? Do I need to pay attention to anything completing the form?
5. Another form comes with it is a medical examination form (form I-693). We did a medical exam for I-485 when I submitted the I-485 about two years ago. Do we need to do it again and ask our doc to fill it up?
I know I may be able to find some answers from the now incredibly long thread, but i am tooooo beaten by my teaching schedule--so I greatly appreciate anyone who can help.
Many many thanks!
lenscrafterlen
Gurus, need some help here and would really appreciate any answers.
****I know I may be able to find some answers from the now incredibly long thread, but i am tooooo beaten up by my teaching schedule now--so I greatly appreciate anyone who can help.****
I filed lawsuit in 10/06 and in our first pre-trial conference early January, the AUSA requested a two-month extension and the judge granted it.
Last week when the time came the AUSA requested again for extension, citing a conflict he had. So we will meet in court early April.
Today both my spouse and I got a package from USCIS asking us to do a fingerprint. This notice looks different from our first (and only) finger print request two years ago.
Here are some questions:
1. It says "INS must send my fingerprints to the FBI to continue processing my I-485". Didn't they get my finger print last time? What is the purpose for multiple-fingerprint?
2. It says I must bring my Alien Registration Card; if I don't have it, bring alternative IDs such as passport. I don't think I have ARC, so if I just bring my passport, that would be fine right?
3. The package also comes with a request for a visit to USCIS local office, asking us to ask for "immigration examiner". Is this an "interview"? What does it involve?What should I expect? How long does it usually take? I have to teach two hours after the set time--do you guys think it is sufficient?
4. The package also comes with an overwhelmingly long I-864 form. What is thta? Do I need to pay attention to anything completing the form?
5. Another form comes with it is a medical examination form (form I-693). We did a medical exam for I-485 when I submitted the I-485 about two years ago. Do we need to do it again and ask our doc to fill it up?
I know I may be able to find some answers from the now incredibly long thread, but i am tooooo beaten by my teaching schedule--so I greatly appreciate anyone who can help.
Many many thanks!
lenscrafterlen
Last edited by a moderator:
united2007
Registered Users (C)
MidofFighting:
Many thanks for your reminder. Yes, I should understand the AUSA is also doing his job, although I believe he can choose to do his job in a most positive way (suggesting USCIS and FBI to do their job), which will benefit all parties and save taxpayers' money.
Again, I really appreciate your kind reminder.