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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
these batch is the oldest i saw today
U.S. ex rel. McLennan v. Wilbur,
283 U.S. 414 (1931)
Conley v. Gibson,
355 U.S. 41 (1957)
Larson v. Domestic & Foreign Commerce Corp.,
337 U.S. 682 (1949)
Louisville v. Nashville R. Co. v. Mottley,
211 U.S. 149 (1908)
Myers v. Bethlehem Shipbuilding Corp.,
303 U.S. 41 (1938)
U.S. ex rel. McLennan v. Wilbur,
283 U.S. 414 (1931)
Conley v. Gibson,
355 U.S. 41 (1957)
Larson v. Domestic & Foreign Commerce Corp.,
337 U.S. 682 (1949)
Louisville v. Nashville R. Co. v. Mottley,
211 U.S. 149 (1908)
Myers v. Bethlehem Shipbuilding Corp.,
303 U.S. 41 (1938)
Hi Guys,
my husband just called with a news that I received a letter from USCIS stating,
"You have been granted a Permanent Resident Status as March 26, 2007,etc...."
What a relief! My WoM has actually worked! My Name Check procedure was completed next day after the initial hearing, and 3 days after my second fingerprints were done I've received an approval letter.
I have the second hearing set in 2 weeks. Do you think I still need to hold on on my lawsuit until the "actual card" will arrive? Or since I've got what I asked in my prayer, I have to agree to dismiss my case becase my case now is a moot?
Congratulations, zevs! I believe that you can't hold your lawsuit now that you got what you asked: USCIS adjudicated your AOS petition. In a WOM lawsuit you can't ask a specific outcome (i.e., approval), only to compel defendants to act. But I believe that receiving the approval notice form USCIS is good enough to agree to sign a joint stipulation to dismiss the lawsuit. Recent experience of several members of this forum showed that the plastic cards arrived fairy quickly.
Congratulations, zevs! I believe that you can't hold your lawsuit now that you got what you asked: USCIS adjudicated your AOS petition. In a WOM lawsuit you can't ask a specific outcome (i.e., approval), only to compel defendants to act. But I believe that receiving the approval notice form USCIS is good enough to agree to sign a joint stipulation to dismiss the lawsuit. Recent experience of several members of this forum showed that the plastic cards arrived fairy quickly.
Thanks, Paz!
I have to agree with you. Since I've got what I asked for, the court probably would not hold my case any longer.
In addition, the letter said that if I need to prove my status for the employment, travel or other reason, I have go to USCIS (throught InfoPass) and obtain a temporary stamp in my passport. Let's hope that the plastic card will come soon.
P.S. It's just an interesting observation... My AOS was granted on the 60 day dealine for the defendant's answer.
Zevs,
Congratulations!
Could you update on where/when you filed?
I remember our Seniors commented on not to dismiss until you have a solid proof. But a letter from USCIS sounds pretty solid to me. My advice is wait for the answer from our pros.
Thanks, Shvili! I filed family-based I-485 WoM complaint in the end of January 2007 in IL. As I posted earlier, I had an initial hearing about 3 weeks ago where the Judge indicated that she is very sympathetic to my case. Next day after the hearing my NC was cleared, following week I received a notice for the additional fingerprints (since the previous ones were done more than 15 months ago), and today I've received a letter stating that I have been granted permanent resident alien status (with the approval date =60 deadline date for the defendants).
Congratulations!Hi Guys,
my husband just called with a news that I received a letter from USCIS stating,
"You have been granted a Permanent Resident Status as March 26, 2007,etc...."
What a relief! My WoM has actually worked! My Name Check procedure was completed next day after the initial hearing, and 3 days after my second fingerprints were done I've received an approval letter.
I have the second hearing set in 2 weeks. Do you think I still need to hold on on my lawsuit until the "actual card" will arrive? Or since I've got what I asked in my prayer, I have to agree to dismiss my case becase my case now is a moot?
If you do not have patience to wait for plastic, you can schedule an Infopass appointment, take you passport and the letter and have an officer stamp the passport. The stamp is not as good as plastic, but certainly next to it.
You still can claim that you have not received the proof that your case is moot, which would be the actual plastic. Not sure it that would be really worth the effort though.
Cheers!
snorlax
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Hi everyone,
I mailed the proof of services forms early last week to the court. I included 3 copies: 1 was for the court record, 1 was for the judge assigned to my case (per the local rule of the Central District Court of CA), and 1 was requested as the return copy. Last Friday I received the return copy in the mail stamped as "Filed 03/20/2007." However, 8 days after I still have not seen any PACER update that proof of service has been filed and the deadline by which the defendants have to answer the complaint.
I am really concerned about this. The thing is I screwed up once before and filed only 1 copy, and got a Notice of Document Discrepancies. It took me almost a month to realize that I had to file the same thing again with the correct number of copies, and after I did that, still nothing happens.
What do you guys think? Is this normal? Would the court clerk stamp the return copy if there is something wrong with the paper work? Should I take half a day off and drive to the court to inquire about it? I remember whatsnamecheck is also in the same court. So whatsnamecheck, what is your experience?
Please everyone, I really appreciate your help now.
Why don't you call the Pro se office and find out. Why do u wanna waste your time to go to the court if you can get the same info by a phone call. Good luck, regards, dude
About convincing AUSA
I think now a days, if we are filing a complaint and if we have something important that is getting delayd because of the adjudication of the n-400 apllication or not getting a green card, or AOS such as employment, sponsership of immidiate relative, green card expairation, or any such a thing, it is very very important that we mention it in the complaint, and NOT just mention it, but send all the proofs that we have and tell the judge that these are the main reasons why USCIS and FBI need to do their job and make a decision on this case.
Offcourse, each judge is different, but my point is that you are NOT just including this thing to convince the judge, but to convince the AUSA, indeed, so he can start working on your case. It is because we should remember that AUSA may have 50/60 cases assigned to him/her and she/he may not have enough time to go through each of them and if you can convince AUSA that you really have a problem, he may remember your case and do his job instead of telling you that USCIS is not requesting FBI to expediate anymore.
I am NOT saying that this method will always work, but we have nothing to loose. Please post any comments you have on this. Good luck to all of us, regards, dude
Lotechguy, Dude, Wenlock and everyone:
It's also interesting to compare number of MTD filed in our area (Northern CA) with other places. I have a suspicion (may be because I'm still an optimist on this point) that in CA there are less MTDs than in other states, so here AUSA file extensions, nc cleared later.
On the other hand, if like you say (and probably you are right), it solely depends on individual nc results, CA CIS has nothing to do with it unless they request to expedite, and if they indeed stopped expediting in Dec/06, it should be no difference.
Any comments?
I think now a days, if we are filing a complaint and if we have something important that is getting delayd because of the adjudication of the n-400 apllication or not getting a green card, or AOS such as employment, sponsership of immidiate relative, green card expairation, or any such a thing, it is very very important that we mention it in the complaint, and NOT just mention it, but send all the proofs that we have and tell the judge that these are the main reasons why USCIS and FBI need to do their job and make a decision on this case.
Offcourse, each judge is different, but my point is that you are NOT just including this thing to convince the judge, but to convince the AUSA, indeed, so he can start working on your case. It is because we should remember that AUSA may have 50/60 cases assigned to him/her and she/he may not have enough time to go through each of them and if you can convince AUSA that you really have a problem, he may remember your case and do his job instead of telling you that USCIS is not requesting FBI to expediate anymore.
I am NOT saying that this method will always work, but we have nothing to loose. Please post any comments you have on this. Good luck to all of us, regards, dude
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Does anybody know how long it takes to get an answer from the Congressman about FBI name check status? I mean the most recently. I submitted my request to my Congressman 5 weeks ago, she faxed it to the FBI, but no respone yet. Has anybody received a responce recently. Somebody told me 45 days, the other person said 2 months, so I don't know who is right.
Any help is appreciated.
Any help is appreciated.
Does anybody know how long it takes to get an answer from the Congressman about FBI name check status? I mean the most recently. I submitted my request to my Congressman 5 weeks ago, she faxed it to the FBI, but no respone yet. Has anybody received a responce recently. Somebody told me 45 days, the other person said 2 months, so I don't know who is right.
Any help is appreciated.
It takes about 60 days give and take another 10
Hi dude,
Thanks for the reply. So this does seem abnormal to you? Believe me, I tried e-mailing and calling the court clerk and he never got back to me. Their answering system says it's the court's practice not to respond to *trivial* matters. I am in the central district of CA. I think whatsnamecheck is in the same district. Any updates, whatsnamecheck? I think I might have to go there and check out what's going on.
Thanks for the reply. So this does seem abnormal to you? Believe me, I tried e-mailing and calling the court clerk and he never got back to me. Their answering system says it's the court's practice not to respond to *trivial* matters. I am in the central district of CA. I think whatsnamecheck is in the same district. Any updates, whatsnamecheck? I think I might have to go there and check out what's going on.
Why don't you call the Pro se office and find out. Why do u wanna waste your time to go to the court if you can get the same info by a phone call. Good luck, regards, dude
That's about right. I just received a letter from Senator Feinstein's office that it'll take 6-8 weeks for them to obtain the results.
It takes about 60 days give and take another 10
In my case it was 45 days to receive the info from USCIS through Senator. Senator’s case study office refused to contact the FBI as the USCIS’s (“pending the FBI name check”) letter should have been sufficient for me. I did it through Congressman’s office – received nothing in 45 days. His office sent second request and received conventional FBI’s “security blah-blah pending” letter in about 60 days from the second request.Does anybody know how long it takes to get an answer from the Congressman about FBI name check status? I mean the most recently. I submitted my request to my Congressman 5 weeks ago, she faxed it to the FBI, but no respone yet. Has anybody received a responce recently. Somebody told me 45 days, the other person said 2 months, so I don't know who is right.
Any help is appreciated.
Best of luck
snorlax
No AUSAs assigned to most (or many) cases in my division
Hi friends,
After some research on PACER, I have noticed that most (or at least many) cases naming USCIS as a defendant filed between Jan and March do not have AUSAs assigned to represent the defendants. This is true for both pro se and attorney-represented cases. The central district of CA has 3 divisions: Western, Southern, and Eastern. The western division is where this pattern is observed.
In cases for which proof of service has been received by the court and is reflected on PACER, the messages say "... service upon US attorney addressed to Civil Process Clerk executed on ...," while in the Southern division they usually state the AUSA's name.
Can anyone from my district court confirm this? Does anyone have any insight?
Hi friends,
After some research on PACER, I have noticed that most (or at least many) cases naming USCIS as a defendant filed between Jan and March do not have AUSAs assigned to represent the defendants. This is true for both pro se and attorney-represented cases. The central district of CA has 3 divisions: Western, Southern, and Eastern. The western division is where this pattern is observed.
In cases for which proof of service has been received by the court and is reflected on PACER, the messages say "... service upon US attorney addressed to Civil Process Clerk executed on ...," while in the Southern division they usually state the AUSA's name.
Can anyone from my district court confirm this? Does anyone have any insight?
I think now a days, if we are filing a complaint and if we have something important that is getting delayd because of the adjudication of the n-400 apllication or not getting a green card, or AOS such as employment, sponsership of immidiate relative, green card expairation, or any such a thing, it is very very important that we mention it in the complaint, and NOT just mention it, but send all the proofs that we have and tell the judge that these are the main reasons why USCIS and FBI need to do their job and make a decision on this case.
Offcourse, each judge is different, but my point is that you are NOT just including this thing to convince the judge, but to convince the AUSA, indeed, so he can start working on your case. It is because we should remember that AUSA may have 50/60 cases assigned to him/her and she/he may not have enough time to go through each of them and if you can convince AUSA that you really have a problem, he may remember your case and do his job instead of telling you that USCIS is not requesting FBI to expediate anymore.
I am NOT saying that this method will always work, but we have nothing to loose. Please post any comments you have on this. Good luck to all of us, regards, dude
I saw some cases where the delayed petition for a relative is also included as a problem caused by delayed N-400. I agree, we should include as many reasons to request expedite as possible.
Wow! It took 'only' around 2 years!
How did you get this information that your name check is cleared. Congrts to you and Good luck in your oath ceromony. regards, dude.
How did you get this information that your name check is cleared. Congrts to you and Good luck in your oath ceromony. regards, dude.
On one of the previous Infopass appointments USCIS officer told me that my FP have expired, but I will not get a notice for another FP appointment until my name check is cleared. I have received such notice on 03/15/07 and went there next day. So, to test the theory that second FP will not be scheduled until name check is cleared (btw, few people on this forum confirmed it), I decided to schedule another Infopass appointment yesterday. The theory has become the trend and has been proven correct by the officer I spoke to. Hope this helps and gives some people a little indicator of hope. Good luck.
On one of the previous Infopass appointments USCIS officer told me that my FP have expired, but I will not get a notice for another FP appointment until my name check is cleared. I have received such notice on 03/15/07 and went there next day. So, to test the theory that second FP will not be scheduled until name check is cleared (btw, few people on this forum confirmed it), I decided to schedule another Infopass appointment yesterday. The theory has become the trend and has been proven correct by the officer I spoke to. Hope this helps and gives some people a little indicator of hope. Good luck.
So, I got my finger print notice for April 7th, maybe i should go to do it soon to see if my name check is cleared?
Judges
Hello everyone!
I have been following this thread for about a month. This is the first time I post. Thanks to you all for sharing your experience, your idea and your support to people like me who filed or will file a lawsuite against USCIS. I cannot thank you more!
I filed my case (WOM for I-485) on 3-21-2007. Just checked PACER and got the name of the Judge to whom my case was assigned. I did some research on him. I found:
1. He is a District Judge (kinda old)
2. There were only 3 cases of WOM or similar assigned to him from 2005 to 2007 including mine.
3. Both the other two cases got dismissed by Plaintiff within 2 months (I believe that means Plaintiff got what he asked for, right?) The most recent case was closed in mid. Jan 2007.
However, I also found some comments from some criminal defense lawyer. They said he is the WORST judge ever, crocky, demending to everyone.....
I am really concerned now. It is getter harder for WOM to win. More and more people will have to do the hearing. If this Judge is really not that friendly, who knows what's gonna happen.
Does anybody here have the same concern as what I have? What should I do? Is there any way to ask the Court to assign a different Judge to me?
Many thanks!!
Hello everyone!
I have been following this thread for about a month. This is the first time I post. Thanks to you all for sharing your experience, your idea and your support to people like me who filed or will file a lawsuite against USCIS. I cannot thank you more!
I filed my case (WOM for I-485) on 3-21-2007. Just checked PACER and got the name of the Judge to whom my case was assigned. I did some research on him. I found:
1. He is a District Judge (kinda old)
2. There were only 3 cases of WOM or similar assigned to him from 2005 to 2007 including mine.
3. Both the other two cases got dismissed by Plaintiff within 2 months (I believe that means Plaintiff got what he asked for, right?) The most recent case was closed in mid. Jan 2007.
However, I also found some comments from some criminal defense lawyer. They said he is the WORST judge ever, crocky, demending to everyone.....
I am really concerned now. It is getter harder for WOM to win. More and more people will have to do the hearing. If this Judge is really not that friendly, who knows what's gonna happen.
Does anybody here have the same concern as what I have? What should I do? Is there any way to ask the Court to assign a different Judge to me?
Many thanks!!