Birdie, wenlock and everybody who can help.
I filed WOM in Feb.2007 pro se. In June got MTD denied by judje. Now we are in the discovery stage. I believe my AUSA doesn't do anything. Can I file motion for summary judgement now? How doesn't work?
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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Birdie, wenlock and everybody who can help.
I filed WOM in Feb.2007 pro se. In June got MTD denied by judje. Now we are in the discovery stage. I believe my AUSA doesn't do anything. Can I file motion for summary judgement now? How doesn't work?
always.wired
Registered Users (C)
Immigration Bill back again
Now that the immigration bill is back again, if it passes on Thursday (which is likely), WOM cannot be used anymore. Anybody heard of any senators trying to amend the clause that removes the jurisdiction of courts to expedite background checks?
Now that the immigration bill is back again, if it passes on Thursday (which is likely), WOM cannot be used anymore. Anybody heard of any senators trying to amend the clause that removes the jurisdiction of courts to expedite background checks?
Birdie, wenlock and everybody who can help.
I filed WOM in Feb.2007 pro se. In June got MTD denied by judje. Now we are in the discovery stage. I believe my AUSA doesn't do anything. Can I file motion for summary judgement now? How doesn't work?
After MTD is denied, AUSA has to submit an answer to your complaint. As soon as you get the answer, you can move for judgment on the pleadings (rule 12(c) FRCP). This is assuming AUSA does not dispute all facts pleaded in your complaint. You can move for summary judgment at any stage further down the road (see rule 56 FRCP).
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andrew_sun
Registered Users (C)
AUSA and defendant passed the due date to answer "show cause"
Hi, All,
I checked PACER every day, there is nothing from AUSA. Now the AUSA and govt defandents are absolutely over due to the "answers" for the show causes Order by 6/22. Also I did not see "apperance of AUSA" in Pacer.
According Wenlock and others, the govt agencies have the "rights" not obey Judge's order. So what I should do now except preparing opp to possible MTD?
Should I still answer the show cause order at July 10th after repondent's reply?
Thanks,
Andrew
Hi, All,
I checked PACER every day, there is nothing from AUSA. Now the AUSA and govt defandents are absolutely over due to the "answers" for the show causes Order by 6/22. Also I did not see "apperance of AUSA" in Pacer.
According Wenlock and others, the govt agencies have the "rights" not obey Judge's order. So what I should do now except preparing opp to possible MTD?
Should I still answer the show cause order at July 10th after repondent's reply?
Thanks,
Andrew
Thank you, Wenlock, Lazycis and Shvili.
I really appreciated your advice and ecouraging words. This week I will prepare a general draft to oppose the MTD. I have downloaded some samples from your previous posts.
Best regards,
Andrew
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Now that the immigration bill is back again, if it passes on Thursday (which is likely), WOM cannot be used anymore. Anybody heard of any senators trying to amend the clause that removes the jurisdiction of courts to expedite background checks?
passing senate is just first step. It goes to House for debate after that. If it passes from house then it goes to president. It is long way before it becomes a law if it happens.
Personally at this point it still looks difficult to pass.
always.wired
Registered Users (C)
passing senate is just first step. It goes to House for debate after that. If it passes from house then it goes to president. It is long way before it becomes a law if it happens.
Personally at this point it still looks difficult to pass.
Thanks for answering, Wenlock. Since House is Democrat majority, they already support the bill. The president is the one pushing the Bill, therefore no issue there either. To me, it looks like it is going to pass. My only prayer is that, since so many of us have talked to Senators and Congressmen, hopefully somebody objected to the ridiculous clause that removes court jurisdiction in setting time limits for Background Check completion.
After MTD is denied, AUSA has to submit an answer to your complaint. As soon as you get the answer, you can move for judgment on the pleadings (rule 12(c) FRCP). This is assuming AUSA does not dispute all facts pleaded in your complaint. You can move for summary judgment at any stage further down the road (see rule 56 FRCP).
Dear Lazycis and friends,
MTD was denied on June 5th for my case, but I did not get AUSA answer yet. How long would AUSA submit the answer after MTD denied? If AUSA would not submit the answer, can I move for summary judgment?
Best Regards,
Amy
Dear Lazycis and friends,
MTD was denied on June 5th for my case, but I did not get AUSA answer yet. How long would AUSA submit the answer after MTD denied? If AUSA would not submit the answer, can I move for summary judgment?
Best Regards,
Amy
Amy,
In your case MTD was denied because you moved to amend complaint and rectified issues brought up in the MTD. Now AUSA was given time to respond to your amended complaint. You cannot move for judgment on the pleadings (summary judgement) before answer is received. You can check your case in Pacer and find out when the answer is due.
If they do not respond, technically you can move for default judgement (summary judgement), but, as other members noted, you never get a default judgement against the USA.
Amy,Amy,
In your case MTD was denied because you moved to amend complaint and rectified issues brought up in the MTD. Now AUSA was given time to respond to your amended complaint. You cannot move for judgment on the pleadings (summary judgement) before answer is received. You can check your case in Pacer and find out when the answer is due.
If they do not respond, technically you can move for default judgement (summary judgement), but, as other members noted, you never get a default judgement against the USA.
I disagree, I believe you can file motion for summary judgement (as soon as possible to push them resolve your case). In my case, I never got any answer from the defendants. Motion for summary judgment was filed after MTD was denied.
Thanks for answering, Wenlock. Since House is Democrat majority, they already support the bill. The president is the one pushing the Bill, therefore no issue there either. To me, it looks like it is going to pass. My only prayer is that, since so many of us have talked to Senators and Congressmen, hopefully somebody objected to the ridiculous clause that removes court jurisdiction in setting time limits for Background Check completion.
It's OK to remove court jurisdiction in setting time limits for Background Check completion if the bill outlines other measures intended to fix the NC system and to make FBI resposible for the delays. I do not see a big problem regarding jurisdiction clause as long as the system is fixed. Do we want to go to court to resolve issues or we would rather have working system without ridiculous delays? From what I've seen in some versions of the Bill, the Congress is trying to fix the issue.
My I-485 has been approved ultimately
After two years of FBI name check delay, my I-485 application has been ultimately approved. My application was in EB1 (outstanding professors and researchers) category. I am a Canadian citizen born in India. I filed a WOM on May 16, 2007 in Newark, NJ district court. FBI was my 1st defendant, followed by attorney general and USCIS. I could serve the summons to all the defendants, which were received by the defendants by May 23. However, unfortunately, on May 22, judge Chesler dismissed my case stating that this court has no jurisdiction on the matter. Fortunately, the dismissal letter was only sent to me and not to any of the defendants. I believe that the defendants did not know about the dismissal. I think that immediately after receiving the summons, FBI started working on my name check and cleared that. On June 20, I received an e-mail from AUSA that my adjustment of status has been approved and I should withdraw the court case. The following day I received the approval letter from Newark, NJ USCIS district office with approval date of June 13. Since, my I-485 application was filed at Vermont Service Center (VSC), I should receive the green card from VSC. However, there is still no update at VSC on my case status. I hope that VSC will do the update in few weeks and I will receive the card within another month.
After two years of FBI name check delay, my I-485 application has been ultimately approved. My application was in EB1 (outstanding professors and researchers) category. I am a Canadian citizen born in India. I filed a WOM on May 16, 2007 in Newark, NJ district court. FBI was my 1st defendant, followed by attorney general and USCIS. I could serve the summons to all the defendants, which were received by the defendants by May 23. However, unfortunately, on May 22, judge Chesler dismissed my case stating that this court has no jurisdiction on the matter. Fortunately, the dismissal letter was only sent to me and not to any of the defendants. I believe that the defendants did not know about the dismissal. I think that immediately after receiving the summons, FBI started working on my name check and cleared that. On June 20, I received an e-mail from AUSA that my adjustment of status has been approved and I should withdraw the court case. The following day I received the approval letter from Newark, NJ USCIS district office with approval date of June 13. Since, my I-485 application was filed at Vermont Service Center (VSC), I should receive the green card from VSC. However, there is still no update at VSC on my case status. I hope that VSC will do the update in few weeks and I will receive the card within another month.
Amy,
I disagree, I believe you can file motion for summary judgement (as soon as possible to push them resolve your case). In my case, I never got any answer from the defendants. Motion for summary judgment was filed after MTD was denied.
birdie,
It's a little bit different in Amy's case due to a new party included into the complaint.
Nastena,Birdie, wenlock and everybody who can help.
I filed WOM in Feb.2007 pro se. In June got MTD denied by judje. Now we are in the discovery stage. I believe my AUSA doesn't do anything. Can I file motion for summary judgement now? How doesn't work?
I never got an answer from the defendants. After the hearing that defendants' motion for dissimal was denied, we moved to file motion for summary judgment directly. It doesn't hur to file motion for summary judgment, worst case is that judge strikes your motion, but you have nothing to lose, but time if you wait.
My AOS was approved on the date that defendants had to file opposition to my summary judgment, and my hearing for summary judgment was a few weeks away.
So press them hard by moving fast.
AUSA update
Adjustment of status filed Oct 2005
WOM filed April 2007
FBI namecheck pending
Just talked to my AUSA... she said most likely they will file a MTD bec the USCIS is not requesting expediting namechecks, and when lawsuits are filed, the FBI considers expediting namechecks (on a case by case basis) for naturalization cases and not adjustment of status cases...
I asked her if she would file an answer instead of Motion to dismiss, she said it is very unlikely she would do that.. the standard is MTD...
so I mentioned that if there is any progress on my case and if the FBI needs more time, I am willing to agree on a 30 day or 60 day extension as long as someone is working on it, which will save me time writing an opposition to MTD .. and that my goal is to get the green card and not to fight the system...
she said that sounds good to her and that she will contact "the agency" and see if there is any progress on the case and that if there is, then we can do an extension...
Adjustment of status filed Oct 2005
WOM filed April 2007
FBI namecheck pending
Just talked to my AUSA... she said most likely they will file a MTD bec the USCIS is not requesting expediting namechecks, and when lawsuits are filed, the FBI considers expediting namechecks (on a case by case basis) for naturalization cases and not adjustment of status cases...
I asked her if she would file an answer instead of Motion to dismiss, she said it is very unlikely she would do that.. the standard is MTD...
so I mentioned that if there is any progress on my case and if the FBI needs more time, I am willing to agree on a 30 day or 60 day extension as long as someone is working on it, which will save me time writing an opposition to MTD .. and that my goal is to get the green card and not to fight the system...
she said that sounds good to her and that she will contact "the agency" and see if there is any progress on the case and that if there is, then we can do an extension...
FBI phone# to check the FP status
Snorlax,
Can you please list here the fbi customer service number for fingerprinting? This is for my wife's second finger printing status. It has been almost 2 months since the second fingerprinting but no commiunication from USCIS.
Thanks,
prulban
These r the numbers to check to FBI FP status
1-304-625-2000
1-304-625-5590
On I485 WOM
has there been any case where Plaintiff was allowed to recapture time towards naturalization. My 485 was filed March 2004 and has not been adjudicated yet. I'm debating whether in my prayer for relief I can include "Enable Plaintiff recapture time lost towards naturalization". Would this in any way work against me ?
has there been any case where Plaintiff was allowed to recapture time towards naturalization. My 485 was filed March 2004 and has not been adjudicated yet. I'm debating whether in my prayer for relief I can include "Enable Plaintiff recapture time lost towards naturalization". Would this in any way work against me ?
Planning to file I-485 WOM
Dear all,
Having been silently reading this thread here for a couple of months, I decide to file I-485 (AOS) WOM, after almost 3 years of name check pending.
I have a couple of questions to ask:
1. I read a lot of posts, but could not find the "scenario" for WOM cases if Motion to Dismiss from defendants is GRANTED or even the WOM is DENIED. Could someone please tell me? Any adverse effects on I-485??
2. For the "Exhibits", I have correspondence letters with congressman, senator, the First Lady, FBI, FOPIA, etc. Shall I include the originals or just the copies?
Thank you very much in advance!
Dear all,
Having been silently reading this thread here for a couple of months, I decide to file I-485 (AOS) WOM, after almost 3 years of name check pending.
I have a couple of questions to ask:
1. I read a lot of posts, but could not find the "scenario" for WOM cases if Motion to Dismiss from defendants is GRANTED or even the WOM is DENIED. Could someone please tell me? Any adverse effects on I-485??
2. For the "Exhibits", I have correspondence letters with congressman, senator, the First Lady, FBI, FOPIA, etc. Shall I include the originals or just the copies?
Thank you very much in advance!
1. I read a lot of posts, but could not find the "scenario" for WOM cases if Motion to Dismiss from defendants is GRANTED or even the WOM is DENIED. Could someone please tell me? Any adverse effects on I-485??
In the scenario that MTD is granted and case is dismissed, you can either choose to file motion for reconsider or appeal to the circut court. It's also possible to refile the case in a different district court as long as you can establish venue.
I don't think there's any adverse effect on your I-485, at least that's the assumption at this point. However, I have seen a case where the I-485 application was denied. I read the denial letter from USCIS on that case from PACER. I guess the lesson is that if you are going the WOM route, you know the best whether there's anything in your history that would give cause for denial. Although I want to say that has nothing to do with filing a WOM case.
2. For the "Exhibits", I have correspondence letters with congressman, senator, the First Lady, FBI, FOPIA, etc. Shall I include the originals or just the copies?
Definitely only use copies. And if you are filing electronically through the ECF system, you'll be filing pdf copies anyway.
After being stuck in name check for 21 months for my AOS, I am going to file a WOM immediately.
Can anyone point to me a good complaint that lead to success in getting the approval or victory in court?
Also does anyone think the coming immigration bill, if passed soon, would impact ourt ability to file WOM?
Can anyone point to me a good complaint that lead to success in getting the approval or victory in court?
Also does anyone think the coming immigration bill, if passed soon, would impact ourt ability to file WOM?