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

My wife and I got Fingerprinting letter (this will be my 4th FP, last one January 20, 2006, or 20 month ago). It states that "the sooner I come the sooner my application be completed"
It is hand-signed by USCIS District Director himself ?!


Can anybody tell me if this means that they finally adjudicate us ?
It is about 55 month of wait since we submitted I-485 in March 2003.


My last name misspelled in the letter.
CIS did not invite for FP my 15-year old son (but he did his FP only a year ago).

Will I finally get my GC or the 4th FP will be clearing for months? All my prevvious FPs have been cleared within 1-2 days.
 
Last edited by a moderator:
liuym said:
Dear All,
I put one cent to this thread from my case.
Just checked the court record, the judge has ordered on
my case and support my motion for summary judgment,
deny defendants' motion to dismiss, thanks GOD !
The only things missing is the Judge did not set time
limit for USCIS to finish adjudication, but with the word
"forthwith". I hope USCIS can not delay any longer.
Thanks to all who contributed alot to this thread, I learnt
alot from you all and got encouragement to go forward,
without your help, I did not dare to go to lawsuit. I hope
I can get my GC soon.
Good luck to you all! God bless you, I will keep praying for you !

Yaoming
Click to expand...

Congratulations, liuym! Your hard work is finally paid off. I am in Chicago area too and filed WOM late September. Can you brief us with your time frame for the lawsuit? Did you go to the hearing (once or twice)? Did you write opposition to MTD? Any suggestions for me since we are in the same district? thanks
 
wommei said:
Congratulations, liuym! Your hard work is finally paid off. I am in Chicago area too and filed WOM late September. Can you brief us with your time frame for the lawsuit? Did you go to the hearing (once or twice)? Did you write opposition to MTD? Any suggestions for me since we are in the same district? thanks
Click to expand...
I filed law suit on 1/22/07
first hearing on 4/19/07
motion for summary judgment file on 6/15/07
second hearing on 6/26/07
Defendants answer due on 8/24/07
two weeks extension by defendants, answer 9/7/07
Defendants file MTD on 9/7/07
third hearing on 9/12/07
Opposition to MTD on 9/21/07
Judge's order on 10/5/07
Fourth hearing on 10/18/07 (cancelled by judge)
 
liuym

Congratulations on the job well done! Forthwith means ASAP so it's actually very good. Expect an approval within a week or two :)
 
Last edited by a moderator:
liuym

liuym said:
I filed law suit on 1/22/07
first hearing on 4/19/07
motion for summary judgment file on 6/15/07
second hearing on 6/26/07
Defendants answer due on 8/24/07
two weeks extension by defendants, answer 9/7/07
Defendants file MTD on 9/7/07
third hearing on 9/12/07
Opposition to MTD on 9/21/07
Judge's order on 10/5/07
Fourth hearing on 10/18/07 (cancelled by judge)
Click to expand...

Thanks a lot for posting this. I have another question. Did you and your wife have to show up in court for every hearing? That seems to be very time consuming...
 
Hi all,

I'm new to WOM. My NC has been pending for 3.5 years. I have tried all other resources as all of you, and finally decide to go Pre Se WOM. My question is how to read the law or rules referenced in court documents, such as 34F.3d 509, 513(7th Cir. 1994), Fed. R. Civ. P. 56(c); Celotex v. Catrett, 477 U.S. 317, 322-23 (1986)....
My understanding is we don't have to reference law or rules in the Complaint, but I still want to understand what those rules are really talking about. Thanks
 
don't wait if $350 or so not a big money

frustrated_alot said:
Okay, i recieved a letter from Dick Cheney's office in reply to mine. First of all, i learned that my Name Check came back on June 27th, 2007.

Anyway, the letter from the VP's office says
"The USCIS Baltimore field office recieved the result for the required background investigation on your For N-400, application for Naturalization, on Sept 20th, 2007. The USCIS Baltimore Field office is currently working on your application. Please allow 90 days for that office to inform you on the next action to be taken on your case."

I had been told by USCIS that although my name check came back i was still pending security checks. Still i have recieved no oath letter. Either way, if dont have an oath letter by December i am suing.

By the way LAZY_CIS, i am waiting for a Christmas Bonus :D. USCIS has forced me to be a "single parent" since my husband is still in Guyana, so he is not here to help us financially.

Anyway. Anyone have any thoughts? If my Name Check is cleared and my background check has been done, what is the hold up now? Am i just being too anxious? After two years, i think i have a right to be though. Just tired. :mad:
Click to expand...

Frustrated_alot,

Do not wait with USCIS in Baltimore.
They may spoil you Christmas. File lawsuit ASAP.
If you have N-400 case then it should be going through due to Etape case.
 
patricia_432 said:
Hi all,

I'm new to WOM. My NC has been pending for 3.5 years. I have tried all other resources as all of you, and finally decide to go Pre Se WOM. My question is how to read the law or rules referenced in court documents, such as 34F.3d 509, 513(7th Cir. 1994), Fed. R. Civ. P. 56(c); Celotex v. Catrett, 477 U.S. 317, 322-23 (1986)....
My understanding is we don't have to reference law or rules in the Complaint, but I still want to understand what those rules are really talking about. Thanks
Click to expand...

Patricia, welcome to the club!

Here is the simple guide:
http://www.cjed.com/citations.htm

And here is a comprehensive guide:
http://www.courts.delaware.gov/Courts/Superior Court/pdf/?citation_guide.pdf

If you have more questions, just ask.
 
who should I send the discovery request to?

Thanks, AGC4ME.

should I send the discovery request to?

AGC4ME said:
No you don't need to wait for his answer to do discovery. See AUSAs will want to delay your case as long as possible. This is one of the tactics. Just file MSJ after he files the answer.
Click to expand...
 
liuym

Congratulations!

liuym said:
Dear All,
I put one cent to this thread from my case.
Just checked the court record, the judge has ordered on
my case and support my motion for summary judgment,
deny defendants' motion to dismiss, thanks GOD !
The only things missing is the Judge did not set time
limit for USCIS to finish adjudication, but with the word
"forthwith". I hope USCIS can not delay any longer.
Thanks to all who contributed alot to this thread, I learnt
alot from you all and got encouragement to go forward,
without your help, I did not dare to go to lawsuit. I hope
I can get my GC soon.
Good luck to you all! God bless you, I will keep praying for you !

Yaoming
Click to expand...
 
wommei said:
Thanks a lot for posting this. I have another question. Did you and your wife have to show up in court for every hearing? That seems to be very time consuming...
Click to expand...
wommei,
My wife ever came to the court, but she did not appear before Judge.
Every time, only myself spoke before the judge. My understanding is your
husband does not have to appear.
Yes, it is very time consuming. Keep on reading the posts on this thread.
It is really helpful.
 
Thanks,

Thanks Bou and Lazycis !
I should thank Lazycis, I learnt alot from you and got help from.
Good luck to your appeal. I will keep on praying for you.

yaoming
 
Law Offices of P. Michael Khosla & Associates, P.C.

I hired Mike Khosla to represent my green card case. He is dangerous thug and will do anything if you dont feed him with thousands of dollars. He is a big shame to his legal profession. Beware of the Law Offices of P. Michael Khosla & Associates, P.C.(http://www.usimmigration.net/). This guy has cheated several innocent people of their money. He puts up a good front in the begining replying to all your mails which is nothing but a bait but in the later stages of the greencard he opens his mouth only if you show him thousands of dollars, especially if the matter is time sensitive. His fees appears to less than others but if you continue to stick with him you'll know. He is a born liar.

He has pocketed more than $10,000.00 from me before I fired him and hired a new attorney even if I have to spend few more thousands of dollars. If your case has crossed labor or I-140, even if you have just filed I-485 with him please run away from him filing G-28 or else he will jeopardize you entire case. If you need to know the real Micheal Khosla send me an email I will let you know. I'm all set to sue him in the State Bar I know I will win this case.

He even sold pre-approved labor for more than $5,000.00 belonging to others. As soon as I understood his game plan I quit my company and also fired him. Now I'm free from these fraud fellows. He is a threat to National Security as he has connection with many fraudlent companies who sell green card and also has filed many fraudlent immigration cases since 1995.

Be careful you guys. I'll post more forums and expose this thug so that innocent people don't become his prey.

I have each and every email he wrote to me, I'm not only going to post those in the forums but also send it to all attorney's in AILA so that they know what a shameless guy he is.

I have few people who are ready to support me in the law suit against him. If you are being treated bad or feel cheated by this attorney firm please send me a email at laddersearch@gmail.com
 
Last edited by a moderator:
Crimminal Immigration Attorney in Manhattan

I have been an avid reader of this forum and a minor contributor...my citizenship 'almost' got approved a few weeks ago, after being stuck in background check for 2 years, and I was hoping to be able to report the good news to everyone on this forum soon, but something has happened that I can not discuss on this forum yet (hopefully soon), but I am DESPERATELY in need of an extremely good CRIMINAL Immigration lawyer in New york, (Manhattan)...ANY help or lead is highly appreciated...

many many thanks in advance...
 
1447(b) sucess

I'd like to share my recent sucess in 1447(b). My case is resolved after filing Pro Se, after more than 3y delay.
I've been an observer and follower, yet a late-comer of this invalueble forum.
I indeed looked for attorneys for help during 2007Q1 after my fruitless mails/InfoPass with CIS. I nailed one lawyer at the end of March 07. Unfortunately/fortunately, the lawyer told me a month later that he'd postpond handling my case for two months since he just had an oversea emergency. So I took back deposit and started from zero again. Then I came upon a paralegal one day when searching for other lawyers. The nice lady mentioned that she was aware of someones tried filing such cases with Fed court by self. Her words lead me to surfing the Net and landed at this forum. Bingo, the door opens into another dimension.
I realy pay regards to two guys: Paz1960 and Dude12190, who had valuable summaries about the process/procedures, although I have never had contacts with either.
So in early May'07, I took first round of actions after digesting this forum for more thatn a week:
Complain to VP, First Lady, USCIS Ombusman and FOIA to FBI. (You may guess they all have the same version of contents). As a result, 2-3 weeks later (late May):
- FBI replied two weeks later saying No-Match
-Ombudsman's letter lead to a phone call from USCIS Headquaters apologizing but still saying pending
- VP office responded saying they would inquire with CIS.
While reading those responses, I registered to PACER and started to go thru pages. after spending circa $20, I got the sense of the secrets of ProSe as well as case writings. (I share the comments from Paz1960 that some complains filed by attorneys are really a shame with barely two-page double pace wording, totaled no more than 10 simple sentences.)
I filed ProSe in the 2nd week of July'07, summons served two days later by registered mail (with no return-card).
I did not bother to make further check-up. FBI wrote me in late July saying in the courtecy of my appeal to First Lady, but saying they still worked on it. Then a letter from USCIS came in the last week of August saying name cleared. And a week later (i.e. right before the 60-day answer period), AUSA called me (very polite) also noting of name being cleared, and asking for a 30-day extension so that a settlement could be worked out. I agreed with comment that case be resolved within the period.
2 weeks later CIS scheduled me another FP on 9/26. The folling weekend, I received OATH letter.
 
Lazycis and others,

Should I send my complaint to California court or Nebaraska court?

My I-485 was initially sent to CSC , then transferred to NSC 2 years later. I'll sue both CSC and NSC. should I send my complaint to California court or Nebaraska court? Thanks
 
I-485 WOM in Western District of Virginia

Has anybody filed an AOS-based WOM in Western District of Virginia?

Could you please share some experience? I am planning to do one by myself.

Thanks a lot.
 
frustrated_alot said:
Thank you very much. I am waiting because i cannot afford the 350 dollars it takes to file until December. I am filing the 1447b, i just had not updated my signature. Thank you. In the mean time i am building my case so when it is December and i have the money, all i have to do is send in my forms and send out the necessary paperwork.
Click to expand...

Frustrated,
If you cannot afford the filing fee, you can apply to proceed in Forma Pauperis status, which means that if you request is granted by judge, you should not pay for application fee. For that of course you should present some statement demonstrating your financial situation to convince the judge that you cannot afford the fee.
 
You must log in or register to reply here.
Top