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

[gc_mania]

Looks like their revenge !

Dear Friends,
I need your advise and suggestions urgently on the following:
My case seems to be getting close to resolution. I received an interview appointment letter dated Oct 19, today. The interview is scheduled for Oct 24. I have only one day to prepare the documents. They have asked for my income tax returns and W-2s from 1999-2006 (last eight years). This has really made me upset, as according to statute of limitations, we need to save our tax returns for the last three years. I called IRS today, and they faxed me the account transcripts from 1999 and onwards.
I have records of my tax returns that I filed (2002-2006).
I have my W-2s for (2000-2006)
I received IRS account transcripts for tax years (1999-2006)
IRS told me that they only keep the tax returns for the last six years, but tax return transcripts for the last 10 years. So even if I want to, I cannot get my tax retruns for 1999-2001. Not sure what the Adjudication officer will do.
Any ideas and suggestions will be appreciated. Please note that my interview is early morning on Oct 24. So all I have is one day to make preparation.

Next thing they might ask is proof one has complied with AR-11 address change requirements.

 

[lazycis]

Dear Friends,
I need your advise and suggestions urgently on the following:
My case seems to be getting close to resolution. I received an interview appointment letter dated Oct 19, today. The interview is scheduled for Oct 24. I have only one day to prepare the documents. They have asked for my income tax returns and W-2s from 1999-2006 (last eight years). This has really made me upset, as according to statute of limitations, we need to save our tax returns for the last three years. I called IRS today, and they faxed me the account transcripts from 1999 and onwards.
I have records of my tax returns that I filed (2002-2006).
I have my W-2s for (2000-2006)
I received IRS account transcripts for tax years (1999-2006)
IRS told me that they only keep the tax returns for the last six years, but tax return transcripts for the last 10 years. So even if I want to, I cannot get my tax retruns for 1999-2001. Not sure what the Adjudication officer will do.
Any ideas and suggestions will be appreciated. Please note that my interview is early morning on Oct 24. So all I have is one day to make preparation.

Man, relax and be strong. Even if they deny it, you can petition for a administrative rehearing first and if it is not successfull, file a petition for review with the district court. As for the tax returns, bring what you have and if they ask about returns for 1999-2001 ask the IO to issue a subpoena for those documents in accordance with 8 CFR 335.2(d). Keep in mind that you do not have to produce anything without a subpoena. Even if they issue subpoena, you can just produce afffidavit stating you cannot produce those tax returns.
Be extremely careful answering the questions during the interview. If you are not sure, just say that you are not sure or you do not remember. Do not lie.
I am sure you'll have the last word in this ordeal.

 

[lazycis]

Repeat my question again. I'm a benefitiary of I-485. The primary received his GC a year ago. Do I have to mention the primary and I-140 in my Complaint? Acturally, I don't want to mention it at all. But worried, I may have to explain it later to the court. Thanks.

I think it'd be good to mention it only because you GC depends on the approval for the primary applicant. The primary got the approval so the USCiS cannot use your dependecy as a reason for the delay. I-140 is not relevant here so no need to include any info about it. Notice of approval of I-485 for the primary applicant is enough.

 

[lazycis]

about my "request for production of documents"..

my ausa said, a third federal agency (i don't know what it is at all) was reviewing my file before my file was transferred to USCIS in 09/2007. and now uscis is reviewing my file. per ausa, my NC was completed back in 03/2004. I want to target that it took too long time for that 3rd agency to finish reviewing my file (from 03/2004 to 09/2007) and i also want to know what this agency is, but don't know how to word it. could you please review my draft below and add/cut something? I plan on mailing it today to ausa. thank you!
--

.

greenpea,
Here are my thoughts:

DOCUMENTS TO BE PRODUCED
1. ALL documents in Plaintiff’s USCIS file (A-file).
2. ALL administrative records from the USCIS, FBI and other federal agencies associated with Plaintiff's criminal background investigation.
3. ALL administrative records from the USCIS and a third party federal agency that was reviewing Plaintiff's file according to <here insert the reference to AUSA e-mail or declaration filed in your case).
4. Affidavit from the defendants employed by the FBI containing dates and actions taken during the processing of Plaintiff's name check.
5. Regulatory and Statutory authorities requiring the USCIS to wait for the FBI name check completion before granting LPR status.
6. Regulatory and Statutory authorities requiring the USCIS to wait for the completion of the Plaintiff's file review by the third party agency referenced above (item 3) before granting LPR status.
7. Affidavit from the defendants employed by the USCIS stating whether the procedures for withholding adjudication, required by 8 C.F.R. § 103.2(b)(18), were followed in regard to the Plaintiff’s AOS application. All documents related to the reviews required by 8 C.F.R. § 103.2(b)(18) in regard to the Plaintiff’s application.

 

[lazycis]

In Concise Statement of Facts should each point be backed by documentary evidence ?

Both AUSA and I know that spouse was terminated from her employment. Should I actually attach an affidavit or letter from employer to prove this ?

I think it's a good idea to file those with the court. You'll have to ask for a leave to file either supplemental pleadings or supplemental evidence (does not really matter how you word it).

 

[AGC4ME]

I think it's a good idea to file those with the court. You'll have to ask for a leave to file either supplemental pleadings or supplemental evidence (does not really matter how you word it).

The Judge has ordered me to file an amended MSJ based on the conference we had yesterday. The AUSA's stance is that the issues that the original MSJ was based on are partially moot. He wanted me to file a new complaint but the Judge refused that and said an amended MSJ is enough. So I'm now working on it.

 

[AGC4ME]

Man, relax and be strong. Even if they deny it, you can petition for a administrative rehearing first and if it is not successfull, file a petition for review with the district court. As for the tax returns, bring what you have and if they ask about returns for 1999-2001 ask the IO to issue a subpoena for those documents in accordance with 8 CFR 335.2(d). Keep in mind that you do not have to produce anything without a subpoena. Even if they issue subpoena, you can just produce afffidavit stating you cannot produce those tax returns.
Be extremely careful answering the questions during the interview. If you are not sure, just say that you are not sure or you do not remember. Do not lie.
I am sure you'll have the last word in this ordeal.

I agree. Just relax. take all documents that you have and answer truthfully.

 

[wom_ri]

I think the zip code is not right.
I sent my WOM to the following address and it went thru.
Evelyn Upchurch , Director )
Texas Service Center )
U. S. Citizenship and Immigration Services )
Mesquite, TX 75185

For the following two address, USPS did not find anybody to sign. So left a "Undelivered mail Notice". I called and told USPS that these are summons and need to be delivered. They said that they will try to deliver this again after 5 days and if it is still undelivered, they will return the mail to sender.

What should I do.. please help ?

Evelyn Upchurch, Director
USCIS TSC
4141 St. Augustine Rd.
Dallas, TX 75227

Robert S. Mueller, Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001

[/QUOTE]

 

[sk0902]

I think the zip code is not right.
I sent my WOM to the following address and it went thru.
Evelyn Upchurch , Director )
Texas Service Center )
U. S. Citizenship and Immigration Services )
Mesquite, TX 75185

[/QUOTE]

This address is the courier delivery in TSC. I checked my delivery status today and everything is delivered.
For AUSA, I actually hand delivered as I did not know that is against the local rule. However I called the AUSA yesterday and the attorney said she will accept it as she herself signed the acceptance.
Anyway, just to be sure, I have sent them a certified US mail also.

tomorrow I am going to submit all the Certificates in the court

 

[lazycis]

in this template, i think the last paragraph
"
5. Affidavit from the defendants employed by the USCIS stating whether the procedures for withholding adjudication, required by 8 C.F.R. § 103.2(b)(18), were followed in regard to the Plaintiff’s AOS application. All documents related to the reviews required by 8 C.F.R. § 103.2(b)(18) in regard to the Plaintiff’s application.
"
should be 2 paragraphs instead.

5. Affidavit from the defendants employed by the USCIS stating whether the procedures for withholding adjudication, required by 8 C.F.R. § 103.2(b)(18), were followed in regard to the Plaintiff’s AOS application.

6. ALL documents related to the reviews required by 8 C.F.R. § 103.2(b)(18) in regard to the Plaintiff’s application.

Agree.

 

[liuym]

question for Lazycis

Hi Lazycis,
I just noticed that my case was terminated on 10/5/07 after judge
ordered. What does this mean ? Does this mean my case is closed ?
What can I do if the defendants refuse to do anything to adjudicate my
I-485 ? Can I ask to reopen my case ? Before my case is reopened, can
file further motion to my current case, say file motion for status hearing ?
So many questions unknown. Please have your comments.
Thank you very much for your input. You help on this forum is always
invaluable.

Yaoming

 

[lazycis]

case closed? no worries.

Hi Yaoming,

I can understand the judge's reasoning - he ordered the defendants to adjudicate your I-485 forthwith. End of story. If they do not comply with the court order, they can be put to jail, it's very serious. You can still file anything you want even if the case is closed. It just means that there are no active proceedings in the case. And yes, it can be reopened by the court or by motion.

 

[liuym]

Thanks

Hi Lazycis,
Thank you very much for your answer. It is very
helpful.
Good luck to your appeal, we are looking forward to hearing
good news from you.

Yaoming

Hi Yaoming,

I can understand the judge's reasoning - he ordered the defendants to adjudicate your I-485 forthwith. End of story. If they do not comply with the court order, they can be put to jail, it's very serious. You can still file anything you want even if the case is closed. It just means that there are no active proceedings in the case. And yes, it can be reopened by the court or by motion.

 

[AGC4ME]

All new I485 WoM filers

should also include Department of State as a defendant because they release the visa numbers. what do you say lazycis ?

 

[lenaf]

oath letter

Hi
As soon as I dismissed my case (yesterday), attorney's office sent me the oath letter for Nov23 ! I couldn't beleave it, it took them 40 days to finish off my case, which was dragging for the last 2 years.
My case was very easy:
N400 interview in Jan 2006 N. CA, and nothing after
1447(b) filed Sep 5 2007
second FP Oct 18 2007
stipulation to dismiss Oct 22 2007
oath letter for Nov23 2007

Big thanks again to LazyCIS, AG4ME, Publicus, Paz1960 and other members on this board.
Good luck to you, LazyCIS, I'll be following your progress and waiting till you win.
I'll attach my complaint in a moment, although it's just a compilation of other ones I found. I'll stick around a little to see if I could help with some very easy questions.

I wish you all strength and patience to fight for what you deserve. And I'm very sorry that many cases here are not as easy as mine.

 

[lenaf]

my 1447b.

 

[Slow_CIS]

should also include Department of State as a defendant because they release the visa numbers. what do you say lazycis ?

To me releasing the visa numbers sounds discretionary. Therefore, it would not help the I-485 cases. You may want to look at the subchapter II of chapter 12 of 8 USC where in counts the discretionary relieves.

 

[w&w]

greenpea,
Here are my thoughts:

DOCUMENTS TO BE PRODUCED
1. ALL documents in Plaintiff’s USCIS file (A-file).
2. ALL administrative records from the USCIS, FBI and other federal agencies associated with Plaintiff's criminal background investigation.
3. ALL administrative records from the USCIS and a third party federal agency that was reviewing Plaintiff's file according to <here insert the reference to AUSA e-mail or declaration filed in your case).
4. Affidavit from the defendants employed by the FBI containing dates and actions taken during the processing of Plaintiff's name check.
5. Regulatory and Statutory authorities requiring the USCIS to wait for the FBI name check completion before granting LPR status.
6. Regulatory and Statutory authorities requiring the USCIS to wait for the completion of the Plaintiff's file review by the third party agency referenced above (item 3) before granting LPR status.
7. Affidavit from the defendants employed by the USCIS stating whether the procedures for withholding adjudication, required by 8 C.F.R. § 103.2(b)(18), were followed in regard to the Plaintiff’s AOS application. All documents related to the reviews required by 8 C.F.R. § 103.2(b)(18) in regard to the Plaintiff’s application.

I requested an affidavit about § 103.2(b)(18) a month ago. Haven't got the formal response yet. The AUSA mentioned that "we will likely take the position that you cannot request the agency to produce an affidavit through a request for production of documents". Any idea how I can respond?

 

[lazycis]

Tell AUSA to read FRCP rule 26(a)(5):

(5) Methods to Discover Additional Matter. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property under Rule 34 or 45(a)(1)(C), for inspection and other purposes; physical and mental examinations; and requests for admission.

The essential part is that your can submit a list of questions and require an affidavit with answers. Your request for an affidavit is essentially a question whether the procedures outlined in 8 C.F.R. § 103.2(b)(18) have been follwed.
Anyway, you requested also all documents related to reviews required by 8 C.F.R. § 103.2(b)(18). If they cannot produce any documents, that will give you the answer as well

Tell AUSA that if they refuse to provide an affidavit you'll have to serve a subpoena upon the District Director to answer that question.

 

[lazycis]

should also include Department of State as a defendant because they release the visa numbers. what do you say lazycis ?

The more defendants - the better. It makes AUSA works harder and spreads awareness of the problem. I do not think allocation of visas is discretionary. There should be a waiting list and the visas should be allocated in a certain order established by Congress. That's how I read 8 usc 1153.