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

[snorlax]

Thanks, Snorlax!

Believe me, I am very patient person . What is really striked me that the letter stated, 'you are being processed for an alien registration card, which will be mailed to you within the next 18 months'. I've never heard of such a thing that after the aproval, USCIS sets 18 months period to print a card.

These 18 months do look suspicious – for the majority of the members here it took 2-3 weeks to receive the plastic after the approval letter. May be some successful AOS litigants can comment?

Best wishes,
snorlax

 

[WINTERTIME]

Lawsuit Lawyer any one help

Hello,
I’m waiting for Oath ceremony to become a US Citizen since June/4/2004
Now is time for a Lawsuit, I live in Pheonix -Arizona .Can some one advice me if there is lawyer will do it for me (reasonable price) can some one help? Or usually lawsuit is expensive?
Thanks in advance

 

[DUDE12190]

Here it is

It would be really interesting to see Nifti's original complaint, to see if it gives any clues to this totally unreasonable decision.
If Nifti wouldn't mind posting it (removing all personal info., of course).

But since it was prepared by an attorney, I am not that sure that on this level an attorney may really help, uless it is a REALLY GOOD ATTORNEY (because on average, all the combined wisdom of this forum would beat a mediocre lawyer, IMHO).

Also, don't forget, if Nifti's case goes to an appeal court and he wins it, judges may no longer simply ignore that interview=examination argument stands. So it is very important that it goes to appeal and WINS it.

Also, I forgot to post (and can't find it now in my huge folder) BUT there is a CIS MEMO that itself CONSIDERS EXAMINATION=INTERVIEW.

NIFTI, it was posted about 7-10 pages ago. You should use it! (If I find it, I'll repost it myself or may be somebody do it).

Good luck to us all!

I think this is that Memo posted here two weeks ago about interview=exam. I agree with you shvili. I think it is very good idea if Nifti posts his/her original complain without his personal info. It would allow us and help us to see why this judge made this decision. That is the main reason I have stopped trusting lawyers since it is hard to find a good lawyer.

I was so shocked to see that in my district, some lawyers from a very famous law firm, made 1447b complaints that were only one and half pages long. I do not know how much did they charge those people. Anyway, thank you everyone and please keep helping each other.

I am going to be off next week, so I will not be coming to this forum very often. I will try my best to come here and help other people and learn some new stuffs. Good luck to all!, regards, dude

 

[lazycis]

Hello,
I’m waiting for Oath ceremony to become a US Citizen since June/4/2004
Now is time for a Lawsuit, I live in Pheonix -Arizona .Can some one advice me if there is lawyer will do it for me (reasonable price) can some one help? Or usually lawsuit is expensive?
Thanks in advance

You can find lawyer using http://www.findlaw.com/
It may cost at least $1000 depending on lawyer and how far the case will go.
And there is no guarantee you will win.
It is cheaper to do it yourself ($350+cost of service), but you need a lot of time.

 

[lotechguy]

At one time someone posted how to predict which judge a case will be assigned to based on looking at cases in pacer for the district. anyone have a link or pointer to that post ?

 

[gctarget06]

Dear Paz and other senior folks,

Here is my situation and I am desperately looking for your advice. A while ago I was asking if a mandamus can be filed for other petitions i.e I-131 etc. and no one seems to have a clue about it. I finally decided to go ahead and file a complaint against them based on my pending I-131.

Here is the good news....I got my I-131 (Travel document) approved after a 2months of additional time was granted to the involved agencies. And the bad news is that my security check is still pending per AUSA. She is asking me to file a joint stipulation to dismiss the case but I am not sure what to do at this point. Because if my security check is still pending It may not be safe to travel on advance parole...??? I know you can't get H1b stamp on your passport as long as you are stuck in the name check. Moreover my other pending petitions & the one which I'd file in future, are going to meet the same fate (i.e. No adjudication) as they had been in the past.

Could you guys please suggest/share some thoughts as what should be done in this case ?? Highly appreciate it...

Thanks a lot !

 

[lazycis]

Dear Paz and other senior folks,

Here is my situation and I am desperately looking for your advice. A while ago I was asking if a mandamus can be filed for other petitions i.e I-131 etc. and no one seems to have a clue about it. I finally decided to go ahead and file a complaint against them based on my pending I-131.

Here is the good news....I got my I-131 (Travel document) approved after a 2months of additional time was granted to the involved agencies. And the bad news is that my security check is still pending per AUSA. She is asking me to file a joint stipulation to dismiss the case but I am not sure what to do at this point. Because if my security check is still pending It may not be safe to travel on advance parole...??? I know you can't get H1b stamp on your passport as long as you are stuck in the name check. Moreover my other pending petitions & the one which I'd file in future, are going to meet the same fate (i.e. No adjudication) as they had been in the past.

Could you guys please suggest/share some thoughts as what should be done in this case ?? Highly appreciate it...

Thanks a lot !

Since you've got what you wanted (approved I-131), I do not see how you can proceed with your case. It is moot (dead). You can travel if your name check pending, especially if your name is clear. My friend has travelled a few times and did not have any issue.

 

[lotechguy]

Nifty97

Nifty,
about your case, You should look at :

http://www.ailf.org/lac/natz_delay0806.shtml

AILF is tracking nat. delay cases. Heres what I found:

AILF’s Legal Action Center filed amicus letter briefs in support of motions to reconsider in each of the four cases. In its letter briefs, AILF argued that sua sponte dismissal was inappropriate under Fifth Circuit law because the conclusion that it lacked jurisdiction was also a decision on the merits of the plaintiff’s cause of action. Plaintiffs thus were entitled to an opportunity to brief the issue prior to the court ruling. Days after the motions were filed, the court summarily denied two of the motions. Let us know if a court similarly dismisses your client’s petition. Email us at clearinghouse@ailf.org.

 

[shvili]

I think this is that Memo posted here two weeks ago about interview=exam. I agree with you shvili. I think it is very good idea if Nifti posts his/her original complain without his personal info. It would allow us and help us to see why this judge made this decision. That is the main reason I have stopped trusting lawyers since it is hard to find a good lawyer.

I was so shocked to see that in my district, some lawyers from a very famous law firm, made 1447b complaints that were only one and half pages long. I do not know how much did they charge those people. Anyway, thank you everyone and please keep helping each other.

I am going to be off next week, so I will not be coming to this forum very often. I will try my best to come here and help other people and learn some new stuffs. Good luck to all!, regards, dude

Dude12190 and Snorlax,

Thank you for reposting it!

This order also made me think (the first time, actually ) that there are some idiots among judges, too.
So the good news is, if Nifti presents this memo together with other overwhelming evidence that examination=interview, he may win on his motion to reconsider/amend (if another judge consideres it ot this one is not really an idiot, he just had indugestion that day).

But the bad news is, it will not go to a suspreme court and later on some other idiot will rule using Danilov.

In any case, Nifti, you will win!

And please share anything you feel comfortable with us about your petition, i.e. how long it was, etc.

Dude, relax and forget about this mess for a week you leave!

Shvili

(getting ready to file 1447+WOM very soon,
husband passed nc in May 2004
San Jose, CA)

 

[shvili]

These 18 months do look suspicious – for the majority of the members here it took 2-3 weeks to receive the plastic after the approval letter. May be some successful AOS litigants can comment?

Best wishes,
snorlax

Snorlax,
I agree, it does look suspicios (the average processing time from start to finish takes this much)!

So Zevs, you should not drop your law suit until some other guarantees of adjudication are given. (Of course, I haven't gotten to that stage yet, but it's pretty clear) And may be you should insist CIS provides guarantees, not just AUSA (since AUSA isn't your defendant, s/he could at least in theory always get away from any responsibility for giving any promises)

 

[snglnd]

I Desperately need your advice on lawsuit against USCIS over I-485

I filed the lawsuit against USCIS over I-485 application on Jan 17th, 2007 and waited for 2 months for the answer from USCIS. I thought that they will grant my green card easily. It is shocked to me------ The answer from the US attorney office is that they asked the court to motion to dismiss without granting me green card because of my case is delayed by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it is still pending.

What should I do next to fight with them? What kind of information should I collect if I decide to go to a trial? Will I be able to win in this case? Since when USCIS do not grant the green card even we filed the lawsuits. It seems that a lots of folks did get the green card by this way last year. Why did USCIS deny my appeal? Who can tell me what I should do to push USCIS give me green card? I really appreciate your advice!!!!!!!!! Is there anyone have the similar situation as my case?

 

[mgzh]

your have to prepare your oppostion in certain peroid of time

I filed the lawsuit against USCIS over I-485 application on Jan 17th, 2007 and waited for 2 months for the answer from USCIS. I thought that they will grant my green card easily. It is shocked to me------ The answer from the US attorney office is that they asked the court to motion to dismiss without granting me green card because of my case is delayed by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it is still pending.

What should I do next to fight with them? What kind of information should I collect if I decide to go to a trial? Will I be able to win in this case? Since when USCIS do not grant the green card even we filed the lawsuits. It seems that a lots of folks did get the green card by this way last year. Why did USCIS deny my appeal? Who can tell me what I should do to push USCIS give me green card? I really appreciate your advice!!!!!!!!! Is there anyone have the similar situation as my case?

check your local rule, you can find how many days you have to file your opposition. and then do some home work on pacer and forums, and then continue fight with them. i think the AUSA did not file an extension on your case, he probably didn't reuqest expidite your NC either. you should read your motion to dismiss carefully and write a good oppostion to against their motion, this will be a very important document for you to win your case.

 

[vikas1866]

Hi all,
My name check has been pending for about just under 3 years now...EB1..I-140 got approved March 2005. I am thinking of filing WOM...
There is a small problem in our case.... I need you guys feedback...
More than 3 years ago, when my H1B was expiring, my employer renewed my H1B in time,however, I didn't know that I have to apply for my family's (wife and a minor son) dependents' visa (H4)....Wife and son went 'out of status' for ~ 8 months. Rajeev Khanna applied and pleaded USCIS to re-instate her visa pleading it was an oversight etc etc...
My wife got her H4 visa, but not from the date it had expired rather the date Mr Khanna applied. SO..

We don't have any problem in our background check, not even a speeding or DUI ever...
My question is
is it safe to go for WOM?

Thank you very much
Vikas

 

[snorlax]

I filed the lawsuit against USCIS over I-485 application on Jan 17th, 2007 and waited for 2 months for the answer from USCIS. I thought that they will grant my green card easily. It is shocked to me------ The answer from the US attorney office is that they asked the court to motion to dismiss without granting me green card because of my case is delayed by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it is still pending.

What should I do next to fight with them? What kind of information should I collect if I decide to go to a trial? Will I be able to win in this case? Since when USCIS do not grant the green card even we filed the lawsuits. It seems that a lots of folks did get the green card by this way last year. Why did USCIS deny my appeal? Who can tell me what I should do to push USCIS give me green card? I really appreciate your advice!!!!!!!!! Is there anyone have the similar situation as my case?

Hi, snglnd:

If it is not too late (most likely you are given 10 days to respond to MTD) there is still time to read this thread. The AOS cases here are mixed with Naturalization, so you will have to sift through. I am sure you will be able to find enough info to compose your opposition to MTD (you might need to take vacation though). If there is not enough time – you can file Motion to Extend, ask for, say 30 days, and work on your opposition. And you might consider hiring a lawyer at this point.

I would have been worried seeing no activity on USCIS’s side and preparing for the hearing. I do not believe it is all lost at this point, but there is a lot of hard work to get through with you case. Unfortunately my case is 1447b, so I can not be more specific - hopefully senior AOS litigants here could better comment.

All the best,
snorlax

 

[IZMIR]

Good afternoon everybody,
Now I am going to file WOM as well for my pending 485 adjustment. I need an assistance in your convenience.
I clearly rememmber there were some WOM cases that they requested not only adjustment but also backdating the Green Cards' date as well. I would appreciate if you would lead me for these cases so I can add to my WOM.
By the way, do you think it will be an issue since they eliminated WOM from expedating the cases even I had an interview 23 months ago?
Anyway, I will file it next week at least to say did not sit on my rear but did everything I can.
If anybody interested I will post my experince and any answer any question in my capacity.

Regards,

 

[kefira]

I filed the lawsuit against USCIS over I-485 application on Jan 17th, 2007 and waited for 2 months for the answer from USCIS. I thought that they will grant my green card easily. It is shocked to me------ The answer from the US attorney office is that they asked the court to motion to dismiss without granting me green card because of my case is delayed by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it is still pending.

What should I do next to fight with them? What kind of information should I collect if I decide to go to a trial? Will I be able to win in this case? Since when USCIS do not grant the green card even we filed the lawsuits. It seems that a lots of folks did get the green card by this way last year. Why did USCIS deny my appeal? Who can tell me what I should do to push USCIS give me green card? I really appreciate your advice!!!!!!!!! Is there anyone have the similar situation as my case?

Almost half of the people on this forum are in similar situation as yours. If you already spent time and filed WOM by yourself, then probably you read this forum starting from the Page 1. So all your questions are answered, just be patient and read it again.
Good luck.

 

[Bushmaster]

To All...

Hello howdy all?

It seems like the audience has quite changed since I was active back in Nov-Dec 06. It must be a good sign as those users might have gained their citizenship.

I am in the same boat as all you are. Once was stuck in the FBI name check BS, and now stuck for whatever I don't know.

I would have hoped that I would be coming here with good news ONE day, but it seems that day will not come anytime soon.

Worst, I am a SOLDIER who is deploying to Iraq in a month. They have expedited the name check nonsense but after the results came in, they stopped again! I have even submitted my orders for deployment to Iraq. It seems they don't give a shit who you are what you do. You are guilty or suspect somehow even you have sworn to protect the constitution of the US and obey the orders of Commander in Chief under uniform.

I should have sued the suckers when I had a chance. Now it is too late. My deployment to Iraq seems like it will last about 18 months. 18 months. All I wanted was to serve as an American in the desert.

My wish from you, all of you, is to file every possible petition fighting for your right to make their lives miserable! I am a soldier fighting for the US and I will hire a lawyer to petition against these suckers who make our lives miserable in the name of national security. I provide that national security and I am not good enough for a streamlined service. If I am not, then you better file your 1447 petitions.

If I come home from the war in Iraq safely, it will be about time for the next presidential elections. I will MAKE the NEWS! I will sue them. And no, my naturalization ceremony WILL NOT be a happy one. Trust me, they already took that spirit away.

 

[snorlax]

Hello howdy all?

It seems like the audience has quite changed since I was active back in Nov-Dec 06. It must be a good sign as those users might have gained their citizenship.

I am in the same boat as all you are. Once was stuck in the FBI name check BS, and now stuck for whatever I don't know.

I would have hoped that I would be coming here with good news ONE day, but it seems that day will not come anytime soon.

Worst, I am a SOLDIER who is deploying to Iraq in a month. They have expedited the name check nonsense but after the results came in, they stopped again! I have even submitted my orders for deployment to Iraq. It seems they don't give a shit who you are what you do. You are guilty or suspect somehow even you have sworn to protect the constitution of the US and obey the orders of Commander in Chief under uniform.

I should have sued the suckers when I had a chance. Now it is too late. My deployment to Iraq seems like it will last about 18 months. 18 months. All I wanted was to serve as an American in the desert.

My wish from you, all of you, is to file every possible petition fighting for your right to make their lives miserable! I am a soldier fighting for the US and I will hire a lawyer to petition against these suckers who make our lives miserable in the name of national security. I provide that national security and I am not good enough for a streamlined service. If I am not, then you better file your 1447 petitions.

If I come home from the war in Iraq safely, it will be about time for the next presidential elections. I will MAKE the NEWS! I will sue them. And no, my naturalization ceremony WILL NOT be a happy one. Trust me, they already took that spirit away.

Sorry to hear that your case has not been resolved still. I have to agree that to a bureaucrat you are just a case number or may be a dusty file that fell behind the desk and can not be retrieved without an insurmountable effort of lifting a bottom off the chair… What is life of a human being to them?

I do not think that news these days can be much of help. Just try you best not to overextend your stay among the sands, come back safely and file you 1447b in court! We will keep bugging them bureaucrats meanwhile…

All the best and good luck to you!
snorlax

 

[nifty97]

thanks

NIFTI, please find it attached to message #9642, page 643.

snorlax

i want to thanks everyone for the support you have demonstrated to me, This is true act of humanity when you do something to uplift those who are down. Again i want to appreciate for your support and help yo have been given me. i wont quite, nor give up. There is hope some where out there. and it is this place when i find soo much hope from evey person --thanks.

 

[nifty97]

I think this is that Memo posted here two weeks ago about interview=exam. I agree with you shvili. I think it is very good idea if Nifti posts his/her original complain without his personal info. It would allow us and help us to see why this judge made this decision. That is the main reason I have stopped trusting lawyers since it is hard to find a good lawyer.

I was so shocked to see that in my district, some lawyers from a very famous law firm, made 1447b complaints that were only one and half pages long. I do not know how much did they charge those people. Anyway, thank you everyone and please keep helping each other.

I am going to be off next week, so I will not be coming to this forum very often. I will try my best to come here and help other people and learn some new stuffs. Good luck to all!, regards, dude

Thanks Dude, i this is good. i will use it. i when to court today and i got the form to appeal.