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

[lazycis]

That's not correct. There are plenty of cases in Pacer with two or more Pro Se plaintiffs. Just make sure that both of you sign any documents filed with the court or US Attorney's office.

OK, may be I did not get the original question. He said "I plan to file WoM". Anyway, I would not recommend including wife as a plaintiff if her application depends on husband's. It will do no good and will only complicate matters. It is hard enough to do it yourself as it is.

 

[kefira]

I just called the TSC asking for namecheck status, the representative checked my case, and said it is still pending as of today. Since I received 2nd FP recently, was hoping it was trigured by namecheck clearance. Do you think TSC has the most updated information on namechecks? Is it worthy to make an infopass appointment to confirm the namecheck?

I filed WOM in late Dec, 2006. Got MTD on March 19th.

It is not worthy. Untill your AUSA contacts you and ask to dismiss the case-nothing to check. Your name is still not cleared. I am in the same situation, although I filed my WOM in october. Let's be patient, since anyway we cannot change anything at this moment.

 

[Bushmaster]

Dear Bushmaster,

thanks so so much. So if I understand this from your and other member;s input correctly after the name check is completed the file is sent to the HQ USCIS for review if
a, there is a lawsuit pending and/or
b. there is a derogatory item.
THe HQ then reviews and its findings are submitted to the field office who holds - according to my AUSA -the applicant's file for adjudication.
Now, my DUI arrest will come up as a derogatory item during the name check process. However, the finger printing by the FBI has revealed the info and during the interview the officer did not have a problem with it - in particular given that I was not convicted. So what is still enigmatic is how does the HQ USCIS review without the information in the applicant's file, i.e. that I indicated the arrest. Or is the HQ USCIS in DC simply comparing the name check results with the fingerprint outcome.
The role of the HQ is still enigmatic as the case itself is adjudicated by the field officer here in FL and not in DC. So what is there "review" and role????
Thanks so much for the input.

Best

D.

D., everything is just bureaucracy. HQ just reviews the file in my opinion and forwards it. It would probably get stuck longer at HQ if they need to do further review but look, my thing was more serious than yours and it went to the field office in no time. So yours should not get stuck in HQ for any reason other than some idiot leaving it under a pile.

 

[Mingjing]

I used a lawyer for my I485 and my wife's. She is dependent in this case. Mine was stuck with name check, so her case can't be adjudicated until mine is. The MTD I got from AUSA detailed current status of both cases. My case is still in early stage, so I can't tell if bundling both may creat extra complications. For me personally, seems bundling actually reduce complexity.

OK, may be I did not get the original question. He said "I plan to file WoM". Anyway, I would not recommend including wife as a plaintiff if her application depends on husband's. It will do no good and will only complicate matters. It is hard enough to do it yourself as it is.

 

[shvili]

That's not correct. There are plenty of cases in Pacer with two or more Pro Se plaintiffs. Just make sure that both of you sign any documents filed with the court or US Attorney's office.

I haven't checked our Pro Se handbook, but I also assume it's perfectly ok to have more than one pro se plaintiff-and I believe I saw some cases like it posted here.

I am preparing the petition on my husband's behalf, I am not even a part of the claim-I am a naturalized citizen myself. But I believe that in our situation I will just need to make it known to court that I am doing most of the work, although it is my husband who will file pro se (and I need to find out how exactly to bring myself-a writer of petition, a "helper"?) As long as you are not getting paid for it, it's not a "practice law without a license" charge and you should be in your right to help whoever if they ask you to do it.

 

[shvili]

It is best to pay for an attorney at this point. I am not paying yet though, I am waiting for the senator do his job until the end of April. Trust me, they don't see my military duty as high priority, if they had, it would have been done already. I have contacted 3 different congressional offices and all of them called the same person in Atlanta. And she bitched at me when I talked to this liaison why 3 different offices contacted her. She sounded frustrated, oh well, I am not frustrated?

You know, God knows I am innocent and deserved citizenship, and I have all the time even to fight a denial. I am fully aware that they hate the fact I am bugging them and it is very close they will be bugged by the AUSA soon. Then let them retaliate and deny my case, I will fight that too all the way.

That CIS lady can bitch as long as she likes, she still has to follow the law and the law is on your side. Especially since they already cleared your nc, what are their motives for not completing your adjudication?

Also, please see my private message to you and good luck!

 

[vcs_victim]

Case update and questions

I received a fingerprinting invitation on 3/29 after I filed my case.

As I mentioned before, I filed my WOM for EB-2, I485 on 12/26/06. AUSA filed her reply on 03/16/07 (on the last day of the 60 day period). I started preparing my opposition and I am ready to file it now.

I called the court today and wanted to verify the deadline for filing my opposition. When I asked the question to the court clerk, she told me that there are no MTD filed to my case. The document AUSA filed on 03/26/07 has "Memorandum In Opposition To Petition For A Writ Of Mandamus" as its title. In the document, AUSA seeks dismissal of the case pursuant to the usual suspects: FRCP 12(b)(1), FRCP 12(b)(6).

Now comes the question, if this is not a MTD, then what is it? Is it an answer? Is a Memorandum considered an answer?

I know there is no concept like "opposition to an answer" and I do not want to see my case dismissed because of a misinterpretation of the meaning of this filed document.

Since it calls for a dismissal, I do not want to risk my case at this point. I plan to file my opposition document before the deadline (03/16/07 + 20 days) 04/05/07.

Any comments?

Thanks

 

[kefira]

I received a fingerprinting invitation on 3/29 after I filed my case.

As I mentioned before, I filed my WOM for EB-2, I485 on 12/26/06. AUSA filed her reply on 03/16/07 (on the last day of the 60 day period). I started preparing my opposition and I am ready to file it now.

I called the court today and wanted to verify the deadline for filing my opposition. When I asked the question to the court clerk, she told me that there are no MTD filed to my case. The document AUSA filed on 03/26/07 has "Memorandum In Opposition To Petition For A Writ Of Mandamus" as its title. In the document, AUSA seeks dismissal of the case pursuant to the usual suspects: FRCP 12(b)(1), FRCP 12(b)(6).

Now comes the question, if this is not a MTD, then what is it? Is it an answer? Is a Memorandum considered an answer?

I know there is no concept like "opposition to an answer" and I do not want to see my case dismissed because of a misinterpretation of the meaning of this filed document.

Since it calls for a dismissal, I do not want to risk my case at this point. I plan to file my opposition document before the deadline (03/16/07 + 20 days) 04/05/07.

Any comments?

Thanks

I believe AUSA filed an answer. You do not need to do anything with the answer, so clerk was right. Now wait for your initial management conference. After it AUSA probably will file motion to dismiss and only then u file your opposition. Usualy 60 days deadline is only for respondents to ANSWER. If you follow this forum, then u can see that everybody here received an answer on their 60 days from AUSA with the answer.

 

[xil96]

I received a fingerprinting invitation on 3/29 after I filed my case.

As I mentioned before, I filed my WOM for EB-2, I485 on 12/26/06. AUSA filed her reply on 03/16/07 (on the last day of the 60 day period). I started preparing my opposition and I am ready to file it now.

I called the court today and wanted to verify the deadline for filing my opposition. When I asked the question to the court clerk, she told me that there are no MTD filed to my case. The document AUSA filed on 03/26/07 has "Memorandum In Opposition To Petition For A Writ Of Mandamus" as its title. In the document, AUSA seeks dismissal of the case pursuant to the usual suspects: FRCP 12(b)(1), FRCP 12(b)(6).

Now comes the question, if this is not a MTD, then what is it? Is it an answer? Is a Memorandum considered an answer?

I know there is no concept like "opposition to an answer" and I do not want to see my case dismissed because of a misinterpretation of the meaning of this filed document.

Since it calls for a dismissal, I do not want to risk my case at this point. I plan to file my opposition document before the deadline (03/16/07 + 20 days) 04/05/07.

Any comments?

Thanks

Same as us, we had 2nd FP invitation on March 29, file WOM in late Dec. AUSA file MTD after first extension. I am wondering they are now issueing the 2nd FP just to show they are working on the cases, once they get any lawsuit.

 

[Bushmaster]

Especially since they already cleared your nc, what are their motives for not completing your adjudication?

Only if I know... I am close to a point NOT TO CARE anymore though. If I don't care, I can toy around with them publicly, what are they going to do? What are they waiting for? For me to become a terrorist so they can say "AHA we told you so"??? Well too bad, it ain't going to happen... I am telling you, I bugged them a lot, and they are getting back at me. They denied my friend Screaming Eagle for technically NOTHING! Just to get their way because they are over the poor immigrant on the street, well not anymore. If I had proof I would also sue them for discrimination and I would seek compensation and get millions of dollars, but they are hiding behind "national security" bullshit.

This soldier here is not getting posthumous citizenship to let the world know now. That is what they liked to do, they show up at your funeral and tag it along.

 

[Mingjing]

How did you find out you have 20 days to respond to whatever this is (being an answer or MTD)? Which court did you file your suit? Thanks.

...Since it calls for a dismissal, I do not want to risk my case at this point. I plan to file my opposition document before the deadline (03/16/07 + 20 days) 04/05/07.

Any comments?

Thanks

 

[vcs_victim]

20 days

How did you find out you have 20 days to respond to whatever this is (being an answer or MTD)? Which court did you file your suit? Thanks.

I called the court clerk and ask how may days I have to file an opposition to a MTD. They said, by the local rules, it's 20 days here in the Connecticut district court.

 

[gctarget06]

Guys,
I received a joint stipulation motion to dismiss from AUSA. it states at the end that "dismissed with prejudice" I smell some problem here. Should I ask AUSA to change it to "dismissed without Prejudice" ???

Highly appreciate if you guys could comment and share your experience.

Thanks,

 

[yvesliu]

I don't think FingerPrints request has anything to do with NC cleared. I received mine last week and did the finger prints. Nothing happened so far.

 

[Mingjing]

Anybody has the phone number for court clerk for Northern California District Court? I filed in San Francsico. Like to call clerk to confirm deadline for MTD opposition. Thanks.

I called the court clerk and ask how may days I have to file an opposition to a MTD. They said, by the local rules, it's 20 days here in the Connecticut district court.

 

[lcok2005]

Win! 485 approved after WOM for 4 months

Team,

It is surprise to me that I just got six magic emails -- happy end of long horrible journey:

=====
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On April 2, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
=====

It seems different from other friends' message " 485 approved and card ordered", but I think the card is not an issue, am I right?

I am keeping asking myself, is this true? I still can not believe, after 5 years frustrating journey.

I would like to say, if I had not filed WOM, maybe I could be still waiting today.

Keep fighting, my dear friends.

Great thanks to lots of experts' comments, help, great posts. Especailly to paz, wenlock, myang, and every one.

Here is my details:
1. RIR EB-2, 08/2001, but laidoff, so gone.
2. RIR EB-2 RD, 10/2003,
3. 140/485 jointly filed, 07/2005
4. Name check pending since 08/2005
5. Filed WOM 12/2006 through paid attorney
6. RFE for medical stuff 03/2007
7. Today, approved

 

[hopeforall2]

paz and all Friends , Please help me analyze this,

What possible reasons could there be for the AUSA not to answer to courts due date, 5 days have passed the due date.

Please help me

Thank you

 

[taohonger]

consequences of suing government

Hello --

Any negative consequences on future job seeking and/or sponsor immigration of other family members, if I sue government agencies? Specifically, I am thinking applying for a government position in the near future.

Thanks

 

[Bushmaster]

Hello --

Any negative consequences on future job seeking and/or sponsor immigration of other family members, if I sue government agencies? Specifically, I am thinking applying for a government position in the near future.

Thanks

This is a VERY VERY VERY good and mighty question. I have been told that if I utilized the services of ACLU in these stuck naturalization cases, I could pretty much forget any future career possibility in the military that requires a clearance. They have a position against things like this... We are stuck in a lose-lose situation eventually.

What government job you would be seeking, that also matters. You know, USPS is a government job too. I don't think that would matter. I might be filing a petition to have them act on my application soon and my plans are in the military which would require me to get a clearance. Clearances come from a government department which is probably even aware of the postings on this forum, you catch the drift, so as long as I am doing what is my lawful right, anything, any trick they pull to AFFECT YOUR FUTURE will be UNCONSTITUTIONAL and ILLEGAL and DISCRIMINATION. Do not be afraid, stick to your guns, do what is right, noble and honorable, utilize your rights. You are not suing the government, you are calling them act by a federal judge of their own. What reason are they going to show you to deny your job application? Do you think they can possibly say, oh we can't give you job because you have a tendecy to take us to court when we screw up?

Sometimes they need to be reminded that even their damn bureaucracy is not tyranny nor dictatorship over the people of the land of the free...

 

[dxj2005]

I want to ask this question again, since I did not explain well yesterday.

The name check of both me and my wife are pending. I (or we) plan to file WoM for the green card application. Should I also list my wife as the Plaintiff?

If I don't list my wife as a Plaintiff, is it possible that only my name check will be cleared?

If list both names, what are the problems.

Thanks so much.