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

EAD approved

Just want to thank people who gave me encouragement. My EAD was approved yesterday so I can continue to work. I will file my opposition to MTD anyway, even hopelss, only because I want to make their lives harder.

zlcjf said:
lazycis said:
Lazycis and others, here is my most recent progress:

I filed an Emergency Motion with the District Court about my EAD card application. (Lazycis helped me revise my Motion. Thanks, Lazycis). I was told to wait. Then I waited for 10 minutes, the clerk came to me and told me my motion was denied. No reason was given.

Since the judge doesn't even grant a motion with clear Federal regulations, I am 100% sure he will grant the Defandents' MTD. I guess there is no use for me to file a opposition to MTD at all.
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zlcjf said:
Just want to thank people who gave me encouragement. My EAD was approved yesterday so I can continue to work. I will file my opposition to MTD anyway, even hopelss, only because I want to make their lives harder.



YEY !!
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lazycis said:
If your PD was current at any point during your wait, that's enough.
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lazycis, AGC4ME, and others,

my 485 is pending for around 1 yr. 3 months due to fbi namecheck delay. the case is in the CA bay area. a couple of lawyers i spoke to, recommend to wait for 2 years or 1 yr. 9 month mark to file the wom. my pd has been current almost all along. what would you guys recommend - how long one should wait? also, do you guys see any improvements after the white house declared that they are allocating more resources to expedite the namecheck? thanks for your time.
 
Bou said:
paz1960,
So nice to hear from you again in this forum, please come visit often! I have a question for you and really want to hear what you think. My WOM (through lawyer) was filed in January this year, AUSA filed MTD in April, meanwhile asked NC expedition for me. I filed OPP to MTD in April and since then I have been waiting for judge to rule on MTD for more than 6 months now. My lawyer doesn't think there's anything we can do to make the judge rule as soon as possible even though 6 months passed. I plan to file MSJ, request discovery, but my lawyer disagree. I'm very frustrated, I have 2 choice, continue to wait (my NC pending for 4+ years now), or file MSJ, but I need discharge my lawyer to file myself since my lawyer is against it.

My concern is does this have a negative effect on my case. Usually people go pro se first and hire a lawyer when case become complicated. If I discharge my lawyer, I need fight all the way till Appeal if judge ruled to grant MTD. How tough is the appeal process, how long it takes, how many cases won the appeal so far...
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My first reaction would be that you should trust your lawyer and indeed there is no way to force the judge to rule on the MTD. But I remember a posting from lazycis (maybe to the same question posted by you) and I must agree with him/her. According to that post you can appeal at the Circuit Court or you can file a MSJ (the judge will need to rule on the MSJ).

I still would try to negotiate with your lawyer. You should tell him/her that you are determined to go ahead and press your case either with or without him/her. If you discharge him/her, s/he will get less attorney fee, if you maintain him/her, s/he will charge you more, so in theory it is his/her interest to stay with you and write that MSJ. If this negotiation doesn't work, and you are really serious to push your case, you can do it pro se or you can hire another lawyer who is willing to continue the fight. It is not an easy decision and probably will cost you more money but I don't have any better suggestion.
 
frustrated_alot said:
Okay, here is my story!

My N400 has been pending for over 2 years. I came to this site and learned a lot. I was on the verge of filing 1447b but started by writing letters on letters. Finally Name Check cleared in June. I was sent letter to take second set of fingerprints and i took those on Sept 19th. Well, it still says pending background check. They said that they are doing additional checks. What does that mean? Anyone had experience with that? Also, how long after name check is cleared does it take for them to finish additional checks?

Other question. What is the success rate for 1447b filers in Maryland? Does it look worth it to even file 1447b now or does it look like my case is almost over? I cannot file until December but i have already started preparing my case. Any advice will be greatly appreciated. Thank you.:confused:

Also, just to add. I have been told twice that my case is in the hands of the adjudicator. I am so fed up with the lies and confusion i have had from Customer Service, i don't believe anything i hear anymore.
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Why do you need to wait till December to file your lawsuit? According to your timeline, your interview was in August 2005, so the 120 day clock started then.

You have a very strong case, because USCIS can't even claim that your name check is pending and this is the reason why they didn't adjudicate your case. I think that any reasonable judge will become extremely angry if your case reaches his/her bench and USCIS still didn't adjudicate your application. But my guess is that your application will be adjudicated before the 60 days answering time will be up. The question is: do you want to wait (probably not too long) or you are willing to spend $350+mailing expenses and many hours of your time to file a lawsuit. If you can afford it, go for it. At least you will have the satisfaction that you sued the governement and you did something for your case to be solved.

In my case I had my 2nd FP on Dec. 26 2006 and my N-400 application was approved on Jan. 10, 2007, although I found out only 2 weeks later just two days before the 30 days extension was up (AUSA was out of town, or at least this is what I was told).
 
vine95050 said:
lazycis, AGC4ME, and others,

my 485 is pending for around 1 yr. 3 months due to fbi namecheck delay. the case is in the CA bay area. a couple of lawyers i spoke to, recommend to wait for 2 years or 1 yr. 9 month mark to file the wom. my pd has been current almost all along. what would you guys recommend - how long one should wait? also, do you guys see any improvements after the white house declared that they are allocating more resources to expedite the namecheck? thanks for your time.
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If you are in California Northern District, start the preparation - write letters to senator/congressman, send FOIPA request to FBI, status inquiry to the USCIS. There is no a definite waiting period but a general rule is to wait close to two years. It does not mean, however, that one cannot try to do it earlier, especially in CAND. Keep in mind that after you file Wom, you'll wait at lest two-three months for a move from AUSA. If you file Wom at 18 months mark it will be close to two years by the time court will take a look at it.
As for additional resources, I do not think we'll see a quick impact.
 
Looking for templates or sample letters to Mrs. Bush

Dear fellow NC victims:

As part of my preparation for a strong WoM case, I am in the process of writing letters to: First Lady Laura Bush, TSC Director Evelyn Upchurch, FBI Director Robert S. Mueller, III, Secretary of DHS Michael Chertoff, FBI director of Record Management Division David Hardy, and my Congressman.

I am certain that all aforementioned people have received thousands of similar letters; however, I want to try to write another letter, yet a strong and effective one. Just in case one of them decided to read my lucky letter, I want him/her to feel mine and every other NC Victim's pain.

I want to try to convince someone up there that the current NNCP program is useless and ineffective, on the contrary, it jeopardizes the very same purpose it's trying to accomplish and puts the security of this great country at risk.

I would appreciate it very much if someone could provide me with some good ideas for this letter or possibly provide me with a sample / Template for a letter that was effective enough to trigger some action on their part.

You could either post it here in the forum or email it to me: wordbridge@gmail.com

P.S. Should I write to any other officials beside those mentioned above ?

_____________________________________________________________________________________
N400
PD: 11/08/06
NOA: 11/21/06
FP: 12/08/06
ID: ???????
OD: ??????
InfoPass: Pending Name Check
 
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lazycis

lazycis said:
You need to register for PACER (free to register). Here is the link
http://pacer.psc.uscourts.gov/

You'll need PACER access anyway during the course of the lawsuit.
After you register, follow PACER link to Massachusetts district court
https://ecf.mad.uscourts.gov/

Click on Query, enter case number 07-10231, locate the case and then check docket report.
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I have a simple question about this. Why do we have to access Pacer during the lawsuit? Won't I get some mail or phone call if the court want to schedule a hearing?
It has been almost 2 weeks since I served summons and I only got 2 returned receipts ( I mailed 6 copies, including 4defendants and AUSA and attorney general). Do you think I need to collect all of them and file them with the court? Or is there a deadline that I need to file these things with court? Thanks a lot!!
 
wommei said:
I have a simple question about this. Why do we have to access Pacer during the lawsuit? Won't I get some mail or phone call if the court want to schedule a hearing?
It has been almost 2 weeks since I served summons and I only got 2 returned receipts ( I mailed 6 copies, including 4defendants and AUSA and attorney general). Do you think I need to collect all of them and file them with the court? Or is there a deadline that I need to file these things with court? Thanks a lot!!
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Go the USPS website and printout the tracking for the summons:
http://www.usps.com/shipping/trackandconfirm.htm
The printouts are good as delivery proof. There is no deadline to file but better do it within 30 to 45 days so the judge can start looking at your case.
 
Of course, you will get everything from the district court in the mail. But the access to PACER gives you an edge - you can get electronic document before you get a paper copy. In reality we cannot dedicate a lot of time to the lawsuit so having extra couple days may be critical. Another reason is that you can do legal research using PACER.

As to the return receipts, you can try to print delivery confirmation pages from the USPS website (BTW, USPS provides an option to get a return receipt electronically, I think it's cheaper as well as faster). Ask your court if it accepts those printouts as a proof of service. I believe you have 120 days to serve a complaint, so no worries there.
 
paz1960

Thanks a lot, paz1960, I've been debating 'forwards and backwards' myself many many times lately, a real mental torture. I have a feel my case will never resolve if I do nothing, why we file WOM, because of unreasonable delay of one step (NC) in the whole process and that one step takes multiple years and no hope of an end to it. Now the whole WOM takes more than 9 months and don't see an end of it. How long have I to wait, my lawyer saids be patient, am I not patient enough?! So I think it's time for me to fight like all the pro se fighters in this forum. I never feel so down now, thanks, paz1960, lazycis, agc4me and many others..



paz1960 said:
My first reaction would be that you should trust your lawyer and indeed there is no way to force the judge to rule on the MTD. But I remember a posting from lazycis (maybe to the same question posted by you) and I must agree with him/her. According to that post you can appeal at the Circuit Court or you can file a MSJ (the judge will need to rule on the MSJ).

I still would try to negotiate with your lawyer. You should tell him/her that you are determined to go ahead and press your case either with or without him/her. If you discharge him/her, s/he will get less attorney fee, if you maintain him/her, s/he will charge you more, so in theory it is his/her interest to stay with you and write that MSJ. If this negotiation doesn't work, and you are really serious to push your case, you can do it pro se or you can hire another lawyer who is willing to continue the fight. It is not an easy decision and probably will cost you more money but I don't have any better suggestion.
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thanks, lazycis

lazycis said:
Of course, you will get everything from the district court in the mail. But the access to PACER gives you an edge - you can get electronic document before you get a paper copy. In reality we cannot dedicate a lot of time to the lawsuit so having extra couple days may be critical. Another reason is that you can do legal research using PACER.

As to the return receipts, you can try to print delivery confirmation pages from the USPS website (BTW, USPS provides an option to get a return receipt electronically, I think it's cheaper as well as faster). Ask your court if it accepts those printouts as a proof of service. I believe you have 120 days to serve a complaint, so no worries there.
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Great!!! I will try to have an edge during the lawsuit, maybe a happy mood as well.
Yesterday I read this great article posted on the thread and found that there are 4100 lawsuits against USCIS in 2007 and I do feel stronger and more confident after reading it.
 
N400-Misery said:
Dear fellow NC victims:

As part of my preparation for a strong WoM case, I am in the process of writing letters to: First Lady Laura Bush, TSC Director Evelyn Upchurch, FBI Director Robert S. Mueller, III, Secretary of DHS Michael Chertoff, FBI director of Record Management Division David Hardy, and my Congressman.

I am certain that all aforementioned people have received thousands of similar letters; however, I want to try to write another letter, yet a strong and effective one. Just in case one of them decided to read my lucky letter, I want him/her to feel mine and every other NC Victim's pain.

I want to try to convince someone up there that the current NNCP program is useless and ineffective, on the contrary, it jeopardizes the very same purpose it's trying to accomplish and puts the security of this great country at risk.

I would appreciate it very much if someone could provide me with some good ideas for this letter or possibly provide me with a sample / Template for a letter that was effective enough to trigger some action on their part.

You could either post it here in the forum or email it to me: wordbridge@gmail.com

P.S. Should I write to any other officials beside those mentioned above ?

_____________________________________________________________________________________
N400
PD: 11/08/06
NOA: 11/21/06
FP: 12/08/06
ID: ???????
OD: ??????
InfoPass: Pending Name Check
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I personally do not think the wording matters much. It all depends on the official. I wrote to Mr Hardy and Mr. Cannon and did not get anything back.
I wrote to Mr. Bush and got a response. I wrote to Mrs. Bush as well couple weeks later and did not get anything so apparently Mr. and Mrs. Bush do talk to each other :) Here is a link to a sample letter to Mrs. Bush:
http://www.myresearchspace.cn/bbs/archiver/tid-4901.html

I am suggesting to write a letter to the Acting US AG regarding NNCP problems.
 
lazycis said:
If you are in California Northern District, start the preparation - write letters to senator/congressman, send FOIPA request to FBI, status inquiry to the USCIS. There is no a definite waiting period but a general rule is to wait close to two years. It does not mean, however, that one cannot try to do it earlier, especially in CAND. Keep in mind that after you file Wom, you'll wait at lest two-three months for a move from AUSA. If you file Wom at 18 months mark it will be close to two years by the time court will take a look at it.
As for additional resources, I do not think we'll see a quick impact.
Click to expand...

thanks, lazycis. i already wrote to the senator, fbi, fl etc. and received response from them including the fbi. i haven't done FBI FOIPA. Is it required? thanks once again.
 
wommei said:
I have a simple question about this. Why do we have to access Pacer during the lawsuit? Won't I get some mail or phone call if the court want to schedule a hearing?
It has been almost 2 weeks since I served summons and I only got 2 returned receipts ( I mailed 6 copies, including 4defendants and AUSA and attorney general). Do you think I need to collect all of them and file them with the court? Or is there a deadline that I need to file these things with court? Thanks a lot!!
Click to expand...

It is very important to join pacer because in this way, you always know ahead of the time what is actually going on with your case. Also, court clerks also make mistakes and you need to know that. For example, in my case, they put the wrong address on the summons. I asked two court clerks if they have the right address in the system and they said yes they do. Guess what, they were lying. I checked on the Pacer and they had the wrong address, Then, I called in, spoke to the supervisor and then they changed the address.

I think it is very important for everyone to understand in this forum that we can not simply trust these people and assume that they will do their jobs. Please take your case seriously. Good luck! Regards, dude
 
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Is anyone aware of the rule 83-9 in central distrcit of california? Has anyone used it to his/her advantage? I've been waiting for the judge to rule but nothing is happening! This rule says the court has 120 days from the last memorandum filing to decide and issue a decision. If the judge does not rule, you can file a document and ask for the decision.

Please let me know if anyone has used this or if there're poeple who have been waiting for more than 120 days after last court filing date with no response from the judge. Thanks.

parsfalcon
 
File a Motion to Withdraw Mandamus in California

i got today my letter form the FBI - NO Records responsive to my FOIPA request was located.
Now i thinking to File a Motion to Withdraw Mandamus in California.
If any have information on Case in California ( Los Angeles ) would be help full.
And if any can recomend a Lawyer would be great.
Thanks
 
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