If her FP were not expired, it is more suspicious, but it may be just another USCIS "mishap".
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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If her FP were not expired, it is more suspicious, but it may be just another USCIS "mishap".
Talking to myself
Speaking of Mostovoi case, here it is. It has a lot of references to other 1447(b) cases.
It has an interesting point about whether court can compel USCIS to adjidicate an application when FBI is responsible for NC.
"Defendants also move to dismiss on the ground that plaintiff failed to name an indispensable party to this action, namely, the FBI. (D. Mem. 19, citing Ceballos v. Shaughnessy, 352 U.S. 599, 603 (1957).) This argument is wholly without merit; as conceded by defendants, “the FBI does not adjudicate applications for benefits under the Immigration and Nationality Act.” (Cannon Decl. ¶ 21.) Instead, that responsibility lies solely and wholly with the CIS, which plaintiff named as a party to this action. The cases cited by Defendants are inapposite; in those cases, the plaintiff failed to name the government agency with “sole authority” over the requested relief. (D. Mem. 20.) See, e.g., Dombrovskis v. Esperdy, 321 F.2d 463, 464-66 (2d Cir. 1963) (affirming dismissal of complaint by an unsuccessful application for immigration relief because he failed to join the State Department as a party, as the relief sought by plaintiff depended on the sole authority of the State Department). Although the involvement of other government agencies in processing naturalization applications may argue for deference to the government with respect to the actual adjudication of plaintiff’s application, see infra, no issue of fact precludes the Court from deciding, on the undisputed facts, the purely legal question presented here, i.e., whether the Court may compel the CIS to timely adjudicate plaintiff’s naturalization application, or adjudicate the application itself."
1-Use favorable opinions from your circuit (PAED, NJD has a couple)
Check this decision regarding jurisdictional bar of 1252 (INA 242).
http://www.ca3.uscourts.gov/opinarch/995053.txt
Check also this decision (pages 23-25):
http://www.ca3.uscourts.gov/opinarch/043837p.pdf
"We must also ask whether the action at issue here was discretionary. It is important to distinguish carefully between a denial of an application to adjust status, and a determination that an immigrant is legally ineligible for adjustment of status. This distinction is central to the question of subject-matter jurisdiction, and is easy to elide. Indeed, such distinctions are crucial to administrative law generally; the framework of judicial review of agency action that has evolved over the past half-century is grounded in a sharp distinction between decisions committed to agency discretion, and decisions, whether “ministerial” or “purely legal,” governed directly by the applicable statute or regulation. See, e.g., Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55 (2004); Webster v. Doe, 486 U.S. 592 (1988). Whatever the label, our caselaw distinguishes between actions which an agency official may freely decide to take or not to take, and those which he is obligated by law to take or not to take. In the case of adjustment of status, an eligible immigrant may have his application denied within the discretion of the agency. But the immigrant’s eligibility itself is determined by statute. To treat all denials of adjustment as discretionary, even when based on eligibility determinations that are plainly matters of law, is to fundamentally misunderstand the relationship between the executive and the judiciary."
2-USCIS also has a duty to adjudicate a case
Check this case
http://www.ca3.uscourts.gov/opinarch/033634p.pdf
"But the Attorney General’s power is not unlimited, and must be exercised consistently with the intent of the statute."
3-So what? They still have to comply with 5 usc 555(b)
4-Agree, but you are asking for adjudication, not approval
Use Accardi v. Shaughnessy, 347 U.S. 260 (1954) (holding that a reviewable legal standard can be set forth in an agency regulation and that an alien has a right for his/her application to be considered).
thanks a lot my friend!
update on my case
Talked to the First Circuit Court clerk yesterday. Apparently the appeal goes before circuit judges as soon as appellees reply is filed if neither party requested oral arguments. My AUSA did not request oral arguments. So the judges are reviewing my case at this time and I can expect the decision in September-October. If you believe in God, pray for me, otherwise wish me luck.
Talked to the First Circuit Court clerk yesterday. Apparently the appeal goes before circuit judges as soon as appellees reply is filed if neither party requested oral arguments. My AUSA did not request oral arguments. So the judges are reviewing my case at this time and I can expect the decision in September-October. If you believe in God, pray for me, otherwise wish me luck.
nooshinkdd
Registered Users (C)
i applied for citizenship in sep.2005 they put interview in April 2005 but they
descheduled interview. i went several times to immigration office, i send a letter to a congress man but there is nothing. now i want to sue them if someone had this situation or know about it please help me about information and can i win the case?
best regards
descheduled interview. i went several times to immigration office, i send a letter to a congress man but there is nothing. now i want to sue them if someone had this situation or know about it please help me about information and can i win the case?
best regards
wow, I think it's getting really close for you ! exciting. I keep my fingers crossed for you (for whatever that's worth). good luck to you and to the rest here.
Nothing new on my side, I'm still waiting till Sep 11 to file 1447(b). I'm really impatient now, but do not want to break my word sent in the drafts.
Meanwhile I received my FOIP with "no record" and the answer from congresswoman office, saying that it takes about 4 months now to check on NC status with FBI.
nooshinkdd
Registered Users (C)
i applied for citizenship in sep.2005 they put interview in April 2005 but they
descheduled interview. i went several times to immigration office, i send a letter to a congress man but there is nothing. now i want to sue them if someone had this situation or know about it please help me about information and can i win the case?
best regards
descheduled interview. i went several times to immigration office, i send a letter to a congress man but there is nothing. now i want to sue them if someone had this situation or know about it please help me about information and can i win the case?
best regards
Hi, everything on this board is about people who are in the same or similar situation. You should start reading it and collecting the samples of cases, which are posted here. You can file you WOM based on them, all info about filing is on page 1 of this forum. You can also sign up for account in Pacer, where you can search for cases filed in your district.
http://pacer.psc.uscourts.gov/
People are very helpful and will answer all your questions.
Which district you are in ?
And yes, you can definitely win the case.
Will do both dude. Let's hope your appellate court sides with us.
Lazycis, could you post Alhamedi and Al-Farisi's cases again?
Lazycis, could you post Alhamedi and Al-Farisi's cases again?
Thanks
Lazycis, could you post Alhamedi and Al-Farisi's cases again?
Thanks
GC-Pending
Registered Users (C)
Hi OLKO,
Thanks for your support. what do you mean by "latest consideration of lazyCIS that FBI violated procedures of delay"? Is there any memo or ruling that shows FBI's violation? My FOIPA shows no records by the way.
One more question, do you have any suggestion for a good attorney (in Maryland) for this case? I am going to get an attorney for my case to prepare the MTD. I have already talked to one but if you have any suggestion, please let me know.
Sure, I do not think I posted them before as they are Natz cases.
Question about travel
This might be off the topic, but I am desperate, hopefully someone could give me some advices.
Finally, the Judge rules on my case, favoring me. But it is not the final ruling, it is just a recommendation and the government could object before Sep. 17th. The bad thing is my Chinese passport is expiring in Feb. 8, 2008. I don't really want to submit my passport to renew (it will take around a month to get it back) because I hope if I get the approval notice, I will be able to get it stamped. Also, I might need to go to Asia for a business trip (I really want to do that) in Mid-October. My dilema is I don't know if i can come back with Advanced Parole on a passport which does not have 6 months validation on it. Because I have to prepare for the worst that if I won't get greencard before the trip. Should I just go ahead to renew my passport? It will be expensive because I have to travel to San Francisco soon which means airline tickets will be expensive. So, anyone here have any experience on a "almost" expired passport, travel with Advanced Parole? If I receive the green card before that, will that be ok?
This might be off the topic, but I am desperate, hopefully someone could give me some advices.
Finally, the Judge rules on my case, favoring me. But it is not the final ruling, it is just a recommendation and the government could object before Sep. 17th. The bad thing is my Chinese passport is expiring in Feb. 8, 2008. I don't really want to submit my passport to renew (it will take around a month to get it back) because I hope if I get the approval notice, I will be able to get it stamped. Also, I might need to go to Asia for a business trip (I really want to do that) in Mid-October. My dilema is I don't know if i can come back with Advanced Parole on a passport which does not have 6 months validation on it. Because I have to prepare for the worst that if I won't get greencard before the trip. Should I just go ahead to renew my passport? It will be expensive because I have to travel to San Francisco soon which means airline tickets will be expensive. So, anyone here have any experience on a "almost" expired passport, travel with Advanced Parole? If I receive the green card before that, will that be ok?
Nevermind I forgot about the 6 month rule. You have 45 days before Mid-October. How long does it take for the Chinese consulate to give u a new passport ? Looks like you don't have much options. renew ur passport as quickly as possible.
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Today I got an interview notice for my wife on Oct. 15th at 8:00 am in Portland. In this notice they have as priority date March 1 2004. My priority date is Nov.2. 2001. My question is do they have wrong information in their system or since my wife is a derivative applicant, meaning she doesn't come in to the picture until the 485 stage, is this normal ?
IDIOTS in USCIS screwed up my priority date. My I-140 approval notice shows a priority date of Nov.2 2001. But my finger print notices for I-485 is showing MARCH 4 2004. IDIOTSSSSSSSSSSSSSSSSSSSS !!!!!!!
IDIOTS in USCIS screwed up my priority date. My I-140 approval notice shows a priority date of Nov.2 2001. But my finger print notices for I-485 is showing MARCH 4 2004. IDIOTSSSSSSSSSSSSSSSSSSSS !!!!!!!
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Hate to be official, but see 8 USC 1182(a)(7)
Nonimmigrants
(i) In general
Any nonimmigrant who--
(I) is not in possession of a passport valid for a
minimum of six months from the date of the expiration of
the initial period of the alien's admission or
contemplated initial period of stay authorizing the
alien to return to the country from which the alien came
or to proceed to and enter some other country during
such period, or
(II) is not in possession of a valid nonimmigrant
visa or border crossing identification card at the time
of application for admission,
is inadmissible.
Read also 8 CFR 212, 235. So your best bet is to renew the passport, you should be able to do it by mail. You may be OK with GC. How much time the judge is going to give USCIS to issue your GC? You may not get it in time for your trip.
You might have to go to the consulate in person if you need change to the new version of the Chinese passport. Please check out the following link for the consulate in new york, i think san francisco office follow the same policy:
http://newyork.china-consulate.org/chn/lszj/bzyq/hzqz/t42306.htm#4
http://newyork.china-consulate.org/chn/lszj/bzyq/hzqz/t42306.htm#4