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

[wenlock]

Once defendants file answer instead of a MTD, can they still file MTD after answer? I thought no.

If they can indeed, does the court procedure give defendants a deadline by which a MTD have to be filed if defendants intend to?

Usually once AUSA files answer court setup Scheduling Order. It also sets up last date for dispositive Motions. Defendants are required to file MTD before that date if they like to.

But one good thing about answer is that you automatically enter in to discovery phase. You can ask for discovery requests and get court order for discovery if defandants resist.

 

[Mingjing]

I am using a lawyer to prepare opposition to MTD. So this might be different than Pro Se opposition - my lawyer asked to provide an Affidavit of Support describing the damages as a result of the lengthy delay. This document will be an exhibit to whatever my lawyer will write.

WOM

Just want to clarify with anyone who has filed an opposition to mtd what the steps are:

1. Prepare a 1 page signed opposition to defendents motion to dismiss or remand. that basically says that I am filing a defendents motion to dismiss or remand and a plaintiffs brief in support of plaintiffs opposition to defendents motion to dismiss or remand accompanies this docuemnt.

2. A certificate of service for serving this opposition to AUSA

3. Finally Attach the brief which is the main opposition text and exhibits

I was not sure if anything else needs to be filed ie :

1. any civil cover sheet etc ?
2. Any other document/form to be filed ?
3. Do we need to serve this to all defendants or only AUSA ?

Thanks

 

[Mingjing]

Swimfitness, Congratulations to your win!

Did your case go through MTD and opposting MTD? And if so, did judge rule on MTD? If so, would be great to share your case number so we can reference your case while fighting MTD.

On December 6th, I summoned my courage and filed a civil lawsuit (WOM) against USCIS and FBI. Since then, my I-485 petition was re-opened. The lawsuit has indeed produced its effect. FBI processed and completed by security checks in late March.

Today I received a Notice of Approval from USCIS stipulating that my Adjustment of Status Application has been approved and that I have been granted “Permanent Residency” status.

I’m filled with gratitude and joy. This experience, as difficult as it has been, has taught me the values of patience, presence, dealing with anger in constructive ways, and resolving my issues around entitlement and control.

There are key steps to observe in order to obtain results:

1- Do your home-work – read this forum from page one
2- Personalize your case and make it compelling and appealing, yet grounded in the text of law
3- Follow-through and do not get complacent
4- Develop an amicable relationship with your AUSA; s/he plays a huge role as to how soon your case is resolved, if at all
5- Work on your issues of entitlement and control: immigration benefits are a privilege, not a right
6- Remember, this is the only country in the world where as an alien you can file a lawsuit to obtain immigration benefits
7- Maintain a positive attitude and remember that you attract into your situation those beliefs that you focus on

Thank you to all active members of this forum, especially to the founder "Publicus" and Principal member "Paz". It is the support I received through this forum that enabled me to drudge the road to this happy ending.

Best of Luck to all!

Namaste!

 

[Mingjing]

I am in California. Pacer shows AUSA requested ADR a few days after filing MTD. My lawyer did not think there is value for me to attend that conference call. It seems to me with or without ADR does not mean much either way.

ADR is a program put in place for speedy out-of-court mediation and settlement. So, it's hinged upon the willingness of both sides of the lawsuit to engage in mediation and to achieve settlement. In these cases where pending name check is the issue, unless defendants agree to expedite the name check, there won't be a settlement. ADR would be meaningless. Everybody will end up back in court. That's why I thought that if they did agree to this route, they would be prepared to offer to settle the case by expediting your husband's name check. And if they're not prepared to offer to expedite the name check, they'll probably deline ADR and move to dismiss the case in court. So, it would be interesting to know what happens now....

 

[shvili]

shvili, are your sure about this ? In most districts only attorneys can file electronically and pro-se use paper

Lotechguy,

We just returned from the Courthouse (where we got our summons issued) and I got this thng clarified: the clerk said, since we are Pro Se the ECF would not apply, so no problem. However, I have to send the defendants (every one of them ) all the ECF-related papers she gave us yesterday. Together with the ADR docs and my petition (16 pages+exhibits), they'll get a pretty heavy parcel! That's a bureaucracy at work-we send papers everyone knows will be useless, but still waste: time, money and resources (paper) to send it. Or may be I'm wrong and they can use ECF, while I'' fiile in person? Can you clarufy that?Also, how big were the parcels you mailed for service?

 

[shvili]

shvili,
Do not be mad, if they let you file via ECF, it may be good for you. They do not let pro se to use ECF in my district.
I believe you should be able to serve via ECF to AUSA, not sure if it applies to original complaint though. And if anything, it should save your time - no need to go to court and produce multiple copies of motions/briefs.

lazycis, SLIS and Mingjing,

thank you for your posts. As I already said to Lo, ECF is not for us, so we should "serve it and ignore it". And I agree with you, ADR should be pretty meaningless since there's nothing to mediate at this point, we argue statues interpretation and want them to work. Also, the clerk (kind of ) agreed with me and said, ADR would probably not apply but they have to serve docs and I must serve them together with my docs on all defendants.

But now I read Mingjing's last post and it puzzles me: why did they order ADR with your attorney, are they doing a discovery and what is there to negotiate??? Perhaps you can clarify it...

We are mailing (and delivering to AUSA tomorrow). Or should we wait to receive file Proof of Service and then deliver files to AUSA? Since we want them to start working on it, the sooner the better. So I'll try to do it tomorrow.

 

[aryin]

WOM for 485

Dear friend,

I just file the WOM. I will collect some cases for motion to dismiss.

Could you give me some advise for the following questions asked by USCIS or FBI?

1.Against the court’s subject matter jurisdiction
2.NameCheck delay time is NOT unreasonable

Thanks!

 

[paz1960]

Hi there everyone
I read all your postings and would like to get some help. My USCIS disctrict office is Arlington VA. I filed my N400 back in 4/2004, did fingure print 2/2005 and did my interview on7/14/2005. I passed but the IO toldmemy case is pending name check. Isentletters to my congressman, to both senators and no results. I am getting frustruted and donot knowwhere togonext. I see your timeline and it shows that is paid off. Could you please answer my following questions:
1- do i need to get a lawyer or can I file suit myself?
2- if I can file, then where to go? how to get those forms needed? specificaly 1447b and how you cando Pro se?
3- is there a chance you can provide the links if there is any tha I can use to file?
Thanks in advance

Hello Heviar, welcome to this forum. DUDE essentially answered your questions already, I agree totally with him.

I see one problem with your first statement "I read all your postings...". If you really read them and still have these questions, I certainly would recommend to hire a lawyer.

If you want to do this thing by yourself, you REALLY need to read this forum, because most of the questions were already discussed in great detail. Please, take a lawsuit against the government very seriously, you will face professionally educated lawyers and not being well prepared can do a great harm for your case and for other people's cases who intend to file similar lawsuit in the future.

I think that a very good reading for the beginning (besides this forum) is the Northern District of California Pro Se Handbook, which in my opinion, is one of the best resources to educate yourself about how to file a lawsuit and what will follow after that. You can download this document from the above mentioned district court's web page or you can find it posted (several times) on this forum.

Good luck!

 

[lazycis]

Dear friend,

I just file the WOM. I will collect some cases for motion to dismiss.

Could you give me some advise for the following questions asked by USCIS or FBI?

1.Against the court’s subject matter jurisdiction
2.NameCheck delay time is NOT unreasonable

Thanks!

Welcome to the club!
Well, you have about two months to look thru pages on this thread. You will find a lot of cases and advices for MTD. It's a great source.
Also, register for pacer.

However, I am starting to realize that the quickest resolution is to get in touch with AUSA and establish good working relationship. After all, we have one goal - to get rid of lawsuit ASAP. So my recommendation is to put more effort in that direction. Of course, some AUSA will refuse to cooperate, but if won't hurt to try.

 

[aryin]

Thank you and hope to get supports from you!

I will check this forum everyday and hope to get support from you and most people in this forum.

Welcome to the club!
Well, you have about two months to look thru pages on this thread. You will find a lot of cases and advices for MTD. It's a great source.
Also, register for pacer.

However, I am starting to realize that the quickest resolution is to get in touch with AUSA and establish good working relationship. After all, we have one goal - to get rid of lawsuit ASAP. So my recommendation is to put more effort in that direction. Of course, some AUSA will refuse to cooperate, but if won't hurt to try.

 

[HEVIAR]

thanks

hey DUDE12190:
Thank you very muchfor your explanation. Ididread as much as I could and my brain could not handlel anymore that is why I posted my questions. some people tells me not to sue the government because theywill always win and willget back at you and hurt you. I am not familiar with the court system also not sure how or where to look for a good lawyer who is not just take your money. Any suggestions regarding finding a good immigration lawyer?
Thanks

 

[HEVIAR]

hey DUDE12190:
Thank you very much for your information and explanation. I did read manyof the postings, I could not decide which way I should go. Do I file myself or use a lawyer? I do not know how to locate a good immigration lawyer to file a lawsuit on my behalf, some of them are charging arm and leg and one can not afford them that is why I was not sure if I should do it myself or hire a lawyer.Any advise in that regard.
Thanks in advance,

 

[lazycis]

hey DUDE12190:
Thank you very much for your information and explanation. I did read manyof the postings, I could not decide which way I should go. Do I file myself or use a lawyer? I do not know how to locate a good immigration lawyer to file a lawsuit on my behalf, some of them are charging arm and leg and one can not afford them that is why I was not sure if I should do it myself or hire a lawyer.Any advise in that regard.
Thanks in advance,

It's simple - if you feel comfortable with going thru the process yourself and ready to commit a lot of time and energy to it, do it yourself, otherwise hire a lawyer. This forum will help, but we are not lawyers.

Use http://dockets.justia.com/ to search for similar cases in your district filed in November-December last year, then register for PACER
http://pacer.psc.uscourts.gov/ and check a few successful cases to find a lawyer.

 

[swimfitness]

No Mtd

Swimfitness, Congratulations to your win!

Did your case go through MTD and opposting MTD? And if so, did judge rule on MTD? If so, would be great to share your case number so we can reference your case while fighting MTD.

Hi Mingjing:

No, my case did not get to MTD which was scheduled for May 9th. AUSA knew that FBI and USCIS were working on resolving the case, so during the Case Management Conference, He suggested to the Judge to extend the date of MTD 4 weeks later.

Cheers,

 

[Mingjing]

COME ON! Looking for MORE I485 WOM Against MTD

Folks,

Attached is the updated list for favorable/useful I485 WOM cases against MTD. I have added a few cases after last update (up to case #22).

We need to find more favorable and useful I485 WOM cases. If you have found any, esp. the most recent ones (this year), please post here ASAP and I will research and add them to the list.

Note that not all cases have judge order yet. Some only have plaintiffs' opposition to MTD.

 

[WhyThisDelay]

How to find lawyer in NY city area.

Does anyone know of a good lawyer in ny city area, who can file WOM.

Also how can I find a list of all lawyers in my area who have fought similar cases successfully in the past.

Thanks.

 

[WhyThisDelay]

Did not get reply back from FBI on FOIPA request

I sent a FOIPA request to FBI about a month ago. But I still did havent got any response from them. I sent a certified mail, so I know for sure that they at least got my mail.

How can I make FBI work on my foipa request?

 

[lazycis]

I sent a FOIPA request to FBI about a month ago. But I still did havent got any response from them. I sent a certified mail, so I know for sure that they at least got my mail.

How can I make FBI work on my foipa request?

I think it's taking longer these days to get a response to foipa request. They are probably getting a lot of them! My friend send a request in March and did not get a response yet. You can call FBI and find the status of your request:

http://foia.fbi.gov/
FOIPA Public Information Officer (PIO)
Debbie Lopes
(540) 868-4593
Please call this number to talk with the PIO about the status of an existing FOI/PA request, or other FOIPA matters

 

[ipoh]

I received a blow today. My case got dismissed due to lack of subject matter jurisdiction, the judge sited Grinberg v. Swacina in his order.
There was no MTD or trial in my case, from the beginning both parties were instructed to file Summary judgement, then went back and forth with responses. My attorney kept telling me that our judge was pro government but I was just hopeful. I can't believe my bad luck.

Questions:
There was no mention of with or without prejudice, just dismissed. My attorney said we should appeal in the (7th) circuit court . Has any one gone through this phase?
Can it be done pro se? I am not sure how much he will charge for the appeal. I already coughed up enough for the district court work he did.
Any idea about how long this might take?

 

[DUDE12190]

hey DUDE12190:
Thank you very muchfor your explanation. Ididread as much as I could and my brain could not handlel anymore that is why I posted my questions. some people tells me not to sue the government because theywill always win and willget back at you and hurt you. I am not familiar with the court system also not sure how or where to look for a good lawyer who is not just take your money. Any suggestions regarding finding a good immigration lawyer?
Thanks

You are more than welcome. I filed it by myself. And I am not in Virginia but just last month, we have some discussion on this forum about a Virginia district that I am going to tell you shortly. It is absolutely wrong that you cannot win against government. It can only happen if you do not educate yourself about the process. And, also, if you hire a bad lawyer or if u get a very bad judge. Most people who tell u this are Not stuck in this Name check. They are enjoying their lives, which is apsoloutley fine, but they do not understand what we are going through, especially those people who need the US Citizenship or Green Card in order to get a Job or in order to bring their family members into this country.

I met with some lawyers before filing. And, it is hard to believe that most of them suggested that they can not do anything and it is waiting game. Now I know why they said that and why I was also thinking like that. Most people think that CIS and FBI are working on their case, but they have not reached to their files yet. This is not true, otherwise, people who applied just before six months, would have also been waiting. But, it has been seen that some people got their citizenship within four months after applying while others, in the same district, are waiting for more than four years. What a fainrness!!!!!!!!


I would suggest that you should not file immediately. Try to at least get the Pacers Access and read complaints that are/were filed in your district. In this way, you will also find out about lawyers who are filing these types of lawsuits in your district. Find the successful cases and call those lawyers and if u can afford, then hire a one. Then u would not need to go through this whole mess.

I just checked on the wikipedia that your county, "Arlington" is in the Eastern District of Virginia. This is not a good district for these type of cases, but do not be dissapoined of waht I just said. There are some judges in this district that are bad, especially, Rebecca Beach Smith. I think she is also the cheif Judge, but I am not sure. http://www.therobingroom.com/

Check this link on wikipedia
http://en.wikipedia.org/wiki/United_States_District_Court_for_the_Eastern_District_of_Virginia

Call the court and ask them to send you the Pro Se handbook. Also read the Northern california Pro Se handbook for general information. Good Luck!!!