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

[Slow_CIS]

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

Patricia,
The best district to file is where you reside unless you reside in an unfriendly district. If that is the case, you can think of filing where the plaintiff resides or the most activity on the case is performed.
Which district do you live in?

 

[Slow_CIS]

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.

That is among the worst districts with no successful WOM so far. If you are going to file, be ready for a fight all the way to the appeal.

 

[gc_mania]

To all those stuck in name check

How popular are your name combinations ? I just analyzed cases of my friends ( sample size < 10 ). The ones with not so popular name cleared fast and the popular ones clocked 2+ years. My middle name and last name combination is very popular. I am stuck.

 

[lazycis]

common name? not in my case

I do not think it really matters. I have a very rare name - when I google it, all I find is references to my articles published in scientific magazines and lawsuit-related pages. And I do not have a middle name.

 

[lazycis]

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

The first choice would be the district where you reside (for your own convenience), especially if you reside in one of the districts listed here:
http://www.immigrationportal.com/showpost.php?p=1800013&postcount=13755

If you live in Maryland, Virginia or Eastern Michigan, you can send it to Nebraska district (I consider it more favorable than Cal Southern District).

 

[lazycis]

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.

One member, "Xiaocao" went thru the process in Virginia Eastern. He had to appeal, but received a GC after he filed an informal brief with the court of appeals. So it may be a good idea to file a complaint in another district (for example, where USCIS service center is located).

 

[WhereIsMyGCUSA]

Non-local court?

Thank you for the reply.

If I file a WOM in a non-local court, it will be hard for me to appear in person in the court for a trial. How to handle this case?

Hiring an attorney for this is way too expensive. I asked one attorney and he charged $5k for initial filing.

Thanks,

One member, "Xiaocao" went thru the process in Virginia Eastern. He had to appeal, but received a GC after he filed an informal brief with the court of appeals. So it may be a good idea to file a complaint in another district (for example, where USCIS service center is located).

 

[lazycis]

Thank you for the reply.

If I file a WOM in a non-local court, it will be hard for me to appear in person in the court for a trial. How to handle this case?

Hiring an attorney for this is way too expensive. I asked one attorney and he charged $5k for initial filing.

Thanks,

There will be no trial in our cases - everything is resolved via paper filings (motions). If the judge will schedule a hearing/conference (which is rare), you can ask it to be done by phone.
Hiring attorney to lead a case in Virginia is a waste of money.

 

[zlcjf]

Here is the recent update to my case:

I filed opposition to MTD last Thursday. This morning, my AUSA called me and asked why I insisted not to dismiss my case since my EAD card is already approved. I told him this situation (almost umemployed) could happen again if my GC is not secured. He told me my case will be dismissed and I replied I will fight all the way if it is necessary. He said: Very good. He is not very friendly and I am not either.

Would It be possible to file another WOM in another district? Say, Texas where TSC is located or maybe in DC where the headquarter is located since no hope in Maryland?

 

[DUDE12190]

Remember for Name checks, your DOB can also cause a Hit or many hits, so it's not just your Name. Good luck to all!!!

 

[lazycis]

Here is the recent update to my case:

I filed opposition to MTD last Thursday. This morning, my AUSA called me and asked why I insisted not to dismiss my case since my EAD card is already approved. I told him this situation (almost umemployed) could happen again if my GC is not secured. He told me my case will be dismissed and I replied I will fight all the way if it is necessary. He said: Very good. He is not very friendly and I am not either.

Would It be possible to file another WOM in another district? Say, Texas where TSC is located or maybe in DC where the headquarter is located since no hope in Maryland?

You can re-file in Texas or DC.
However in your situation (because your case is close to resolution), I think, it's better to continue fighting. Filing in a different district will cost you the same as the appeal, will take probably more time to get a final decision and there is no guarantee the result will be different. If you win the appeal, you can change the situation for the whole circuit. I have a feeling AUSA got scared a little bit

 

[Slow_CIS]

zlcjf,
I agree with lazy that the ausa might have got scared a bit after looking at your response. I assume he did not expect you to file a response of such a high caliber. I also second lazy’s thought on filing for appeal rather than on another district.

 

[WhereIsMyGCUSA]

Which district court to file?

Which district court do you recommend me to file my AOS-based WOM? Any URL about that court?

I am now living in central Virginia. My I-485 was initially filed with VSC (Vermont) and was transferred to TSC (Texas) in the past March. It has been pending for more than two years.

I already have a draft complaint and have a pile of evidences: three letters from USCIS about my I-485 status, one letter from my senator and another from my congressman.

Thank you very much.

There will be no trial in our cases - everything is resolved via paper filings (motions). If the judge will schedule a hearing/conference (which is rare), you can ask it to be done by phone.
Hiring attorney to lead a case in Virginia is a waste of money.

 

[aryin]

Could you tell your AUSA's name?

Could you tell me your AUSA's name? I want to know how many AUSA in Sounthern NY court.

Thanks

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...

 

[lazycis]

Which district court do you recommend me to file my AOS-based WOM? Any URL about that court?

I am now living in central Virginia. My I-485 was initially filed with VSC (Vermont) and was transferred to TSC (Texas) in the past March. It has been pending for more than two years.

I already have a draft complaint and have a pile of evidences: three letters from USCIS about my I-485 status, one letter from my senator and another from my congressman.

Thank you very much.

Texas Northern district based on the residency of Evelyn Upchurch, the defendant/director of the TSC
USCIS TSC
4141 St. Augustine Rd.
Dallas, TX 75227

The court link:
http://www.txnd.uscourts.gov/

 

[aryin]

Please tell me your AUSA's name?

Please tell me your AUSA's name?

Thanks

called AUSA (NYSD)

He does not seem to be friendly and he told me that he has not started working on my case yet (filed on 09/19 and served on 09/20). I also asked him about discovery...he told me that we should talk about that after he file an answer with the court... is that true?

 

[zlcjf]

You can re-file in Texas or DC.
However in your situation (because your case is close to resolution), I think, it's better to continue fighting. Filing in a different district will cost you the same as the appeal, will take probably more time to get a final decision and there is no guarantee the result will be different. If you win the appeal, you can change the situation for the whole circuit. I have a feeling AUSA got scared a little bit

Actually this AUSA is a new guy who recently took the position of my previous AUSA. He is not familiar with the case and was confused by my emergency motion for EAD relief and original complaint for green card relief. Apparently he was impressed by opposition to MTD (Thanks, LaszyCIS) and asked me if an attorney wrote it for me and warned me that if it was an attorney it would get him into trouble. I told him I wrote it myself.

I wish he were scared. We will see in a month or so. I will file an appeal to 4th circuit district if MTD is granted. However, I highly doubt that 4th circuit court will make a decision. Is there any decision being made in any of the circuit court favoring AOS suits?

 

[lazycis]

Actually this AUSA is a new guy who recently took the position of my previous AUSA. He is not familiar with the case and was confused by my emergency motion for EAD relief and original complaint for green card relief. Apparently he was impressed by opposition to MTD (Thanks, LaszyCIS) and asked me if an attorney wrote it for me and warned me that if it was an attorney it would get him into trouble. I told him I wrote it myself.

I wish he were scared. We will see in a month or so. I will file an appeal to 4th circuit district if MTD is granted. However, I highly doubt that 4th circuit court will make a decision. Is there any decision being made in any of the circuit court favoring AOS suits?

Your opposition is based on a few cases from the 4th circuit court and the court cannot go against those decisions. The main point here is to prove that 8 USC 1252(a)(2(B) does not bar jurisdiction in your case and the 4th circuit has similar position. So the chances to win the appeal are very high. Moreover, the law is on our side. As I mentioned earlier, circuit judges deal with immigration issues on a daily basis (reviewing BIA decisions) so they have much better understanding of the INA.
There are few appeals pending in other circuits (1st, 3rd, 6th, 11th) so if they are resolved favorably, it will be even easier for you.

 

[OLKO]

What can be done with "freedom-corrupted" judges?

Can anybody suggest- what can be done with "freedom-corrupted" judges?

For example here in Maryland, we obviously have this case.
One judge issued "An opinion", the rest rely on her Princeton Education and seniority and issued opinions based on her opinion.
(It was not of any avail that her similar N400 opinion was overthrown in Appellate Court)

The snow ball now in full roll with citations of previously dismissed cases.
Obvioulsy no judge will dare to break this in the same district.
Now ASUAs basically bullying I-485 applicants that case be dismissed.

Maryland is Democratic state, while judges here are exact opposite of any democracy. They are plainly arrogant for legal immigrants.

What can be done with them?
Bad publicity ? What else ?
If anybody knows -please suggest.

 

[lazycis]

how to turn it around in MD

The easiest way to break the chain is to win an appeal.
You can also send a complaint form to the court of appeals and say that judges are biased against legal immigrants.
http://www.ca4.uscourts.gov/pdf/judcomfm.pdf