One more Pro Se victory. Congratulations. Oskar did the Judge do anything with the MTD. Did he deny it at all ?
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
One more Pro Se victory. Congratulations. Oskar did the Judge do anything with the MTD. Did he deny it at all ?
One more Pro Se victory. Congratulations. Oskar did the Judge do anything with the MTD. Did he deny it at all ?
Let me answer this. The judge was not going to make a decision on MTD and set a precedent for the district. He let Oskar know that. So fortunately Oskar had good communications with AUSA and it seems that AUSA was pushing the process.
Let me answer this. The judge was not going to make a decision on MTD and set a precedent for the district. He let Oskar know that. So fortunately Oskar had good communications with AUSA and it seems that AUSA was pushing the process.
Aaaahhh... I see..Oh well Oskar could have been the trend setter in his district which didn't happen but he got his wish granted though
Regulation 245.2
"(2) Priority dates. The priority date of an applicant who is seeking
the allotment of an immigrant visa number under one of the preference
classes specified in section 203(a) or 203(b) of the Act by virtue of a
valid visa petition approved in his or her behalf shall be fixed by the
date on which such approved petition was filed."
203(a) is 1153(a) and 203(b) is 1153(b). valid visa petition approved in his or her behalf generally means I140 petition. That means priority date really means the date on which an I-140 petition. So why is USCIS interpreting it as labor certification date for EB2 and EB3 ? I don't understand.
Found answers to my questions here http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6b6c65111fba0defd2f886e84c5c58f6. They issued a rule in FR changing the definition of Priority date from I140 date to labor date.
"(2) Priority dates. The priority date of an applicant who is seeking
the allotment of an immigrant visa number under one of the preference
classes specified in section 203(a) or 203(b) of the Act by virtue of a
valid visa petition approved in his or her behalf shall be fixed by the
date on which such approved petition was filed."
203(a) is 1153(a) and 203(b) is 1153(b). valid visa petition approved in his or her behalf generally means I140 petition. That means priority date really means the date on which an I-140 petition. So why is USCIS interpreting it as labor certification date for EB2 and EB3 ? I don't understand.
Found answers to my questions here http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6b6c65111fba0defd2f886e84c5c58f6. They issued a rule in FR changing the definition of Priority date from I140 date to labor date.
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Duck008,
You can find out the instructions on this website, and fill out DHS Form 7001 and prepare a letter (I've already attached the letter in my last post).
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
I basically wrote letters to almost all the officials I can think of including first lady (not like some other members, i have no luck with first lady's help), but keep doing all you can, you never know which step you become lucky, all the effort will come together to give USCIS a lot pressure, and I do believe when judge finally started to scheduling conference, USCIS feel they will have little chance to win, so instead of wasting more time and resource to continue the fight, they decide to adjudicate and close the case fast.
Thank you so much Bou for the info and the encouragement! All of us that are still stuck in namecheck need all that. I wish you the best and enjoy your freedom.
patricia_432
Registered Users (C)
Hi friends,
I want to cite some new favor cases in my complaint. How to cite that, for example, 1:07-cv-00388 Liu, et al, Vs. Chertoff, et al, and others. I don't want to cite 1999, 1988 cases. Thanks.
I want to cite some new favor cases in my complaint. How to cite that, for example, 1:07-cv-00388 Liu, et al, Vs. Chertoff, et al, and others. I don't want to cite 1999, 1988 cases. Thanks.
mohamedmohamed
Registered Users (C)
hello everyone
i am an old user that have not been around for some while, but now i am returning back and i am asking for your help.
about a year and a half ago, i was very active in this forumwhen i was suing the USCIS to get my green card, now i think i will use the same strategy to get my naruralization before the 3 years period, because they have delayed my green card too long, I would like to kknow if anyone of you have heared of anything similar to that, and what was the result.
looking forward to hear from you
i am an old user that have not been around for some while, but now i am returning back and i am asking for your help.
about a year and a half ago, i was very active in this forumwhen i was suing the USCIS to get my green card, now i think i will use the same strategy to get my naruralization before the 3 years period, because they have delayed my green card too long, I would like to kknow if anyone of you have heared of anything similar to that, and what was the result.
looking forward to hear from you
Filing at 18 month mark?
Thanks for your feedback Bou. I will definitely start gathering the evidence for exhausting all remedies. Here's my line of thinking, let me know what do you all think:
What if I file WOM at 18 month mark and if it gets rejected on the grounds of "not long enough delay" argument, can I not file again after 2 year mark?
What are the pros and cons of this approach? Granted that time and money will be spent (will go pro se)?
Thanks for your feedback Bou. I will definitely start gathering the evidence for exhausting all remedies. Here's my line of thinking, let me know what do you all think:
What if I file WOM at 18 month mark and if it gets rejected on the grounds of "not long enough delay" argument, can I not file again after 2 year mark?
What are the pros and cons of this approach? Granted that time and money will be spent (will go pro se)?
Hello friends. Finally I have got my green card!!! Thank you very much for your help. Here is my timeline.
July 2003 I-485 filed
October 2003 namecheck was submitted by INS to FBI
May 2007 lawsuit was filed pro se
June 2007 AUSA asked for 30 days extension
August 2007 AUSA filed MTD
August 2007 I filed the response to MTD
September 2007 AUSA filed response to my response to MTD
September 2007 conference call with the judge where he asked AUSA to press the FBI
October 2007 AUSA sent me email with the GC approval
Here are my ideas.
1.Sue, sue, and sue but only after 2 years of waiting and after you collected all letters from senators and FBI. Without law suite you will be waiting forever.
2. Sue Pro Se and save money, with lawyer or without your namecheck get expedited after you file complaint. Call AUSA, be friendly, ask if INS has issued the namecheck expedite letter.
I guess, this is it. Thank you very much, my friends, for your great help! I am leaving this forum but I will be back in 3 years when I sue the government for my citizenship.
I wish you all success with your green cards and citizenships!
Congratulations!. I like your realistic approach to citizenship, unlike mine where I assumed that GC was pretty much the end of the road and got rammed with name check in the citizenship process. Good luck and spend your 3 years wisely.
Atlanta_Brother
Registered Users (C)
18 month mark
Here is my answer to this concern. 18 month mark is a perfect time to file a law suit. Why I say that, coz I myself recently started to think of filing for mandamus at 18 month mark. My case is slightly different. My name check has been cleared since Jan of this year. I have been called for two sets of FP and twice to appear for interviews. At the day of the interview, they tell me that my file has not been transferred to the local DO, so no interview can take place. Upon inquiries thru senators and congressman, I came to know that there are some additional security checks pending & that is why the file is not transferred yet....huh.
I have had discussions with few good immigration attorneys and they all agree, one should not delay it any further & this 18 month mark should be the starting point. I'd say go for it.
MohamedMohamed, please e-mail me at
atlantabrother@hotmail.com
and I will be more than happy to assist you with any of your concerns.
Thanks for your feedback Bou. I will definitely start gathering the evidence for exhausting all remedies. Here's my line of thinking, let me know what do you all think:
What if I file WOM at 18 month mark and if it gets rejected on the grounds of "not long enough delay" argument, can I not file again after 2 year mark?
What are the pros and cons of this approach? Granted that time and money will be spent (will go pro se)?
Here is my answer to this concern. 18 month mark is a perfect time to file a law suit. Why I say that, coz I myself recently started to think of filing for mandamus at 18 month mark. My case is slightly different. My name check has been cleared since Jan of this year. I have been called for two sets of FP and twice to appear for interviews. At the day of the interview, they tell me that my file has not been transferred to the local DO, so no interview can take place. Upon inquiries thru senators and congressman, I came to know that there are some additional security checks pending & that is why the file is not transferred yet....huh.
I have had discussions with few good immigration attorneys and they all agree, one should not delay it any further & this 18 month mark should be the starting point. I'd say go for it.
MohamedMohamed, please e-mail me at
atlantabrother@hotmail.com
and I will be more than happy to assist you with any of your concerns.
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Good news to share
Dear all,
I have good news to share with all of you. This morning I got email
from AUSA, he scanned the approval notices for my family. This is
exciting news for me and my family! Thank you all for all your help
and precious time and patience to answer my questions. Without
all of your help, I can't make it. Special thanks to Lazycis, AGC4ME,
Paz1960 ! You are so great to support this forum to answer questions.
I am sure everyone will get their victory, be patient and contunue
to fight for our right. I will keep praying for all of you who are patiently
waiting. God bless you all !
Yaoming
Dear all,
I have good news to share with all of you. This morning I got email
from AUSA, he scanned the approval notices for my family. This is
exciting news for me and my family! Thank you all for all your help
and precious time and patience to answer my questions. Without
all of your help, I can't make it. Special thanks to Lazycis, AGC4ME,
Paz1960 ! You are so great to support this forum to answer questions.
I am sure everyone will get their victory, be patient and contunue
to fight for our right. I will keep praying for all of you who are patiently
waiting. God bless you all !
Yaoming
Thank you, Lazycis !
Dear Lazycis,
Thank you very much ! I am really moved by your
concern to draft the motion for me. What a feeling
to be concerned when you even do not know that !
Thank you again. I pray for your appeal ! You definitely
will win, I am totally confident to you. I will stay here
till you win to share your victory !
Yaoming
Dear Lazycis,
Thank you very much ! I am really moved by your
concern to draft the motion for me. What a feeling
to be concerned when you even do not know that !
Thank you again. I pray for your appeal ! You definitely
will win, I am totally confident to you. I will stay here
till you win to share your victory !
Yaoming
Yaoming,
Thanks for sharing good news! I am sure you'll enjoy it!
I've started drafting motion for contempt but I am more than happy you won't need it!
May God bless you too!
MSJ been pending for more than three months
Dear experts:
My case has been pending on the MSJ step for more than three months. The last document I filed was on 7/23/2007, which was the Answer to Defendants’ MSJ. I filed a status request to the Court 3 weeks ago. However, I only received a letter from the Court Clerk stating that the case was pending before the judge. Now I am stuck in two waiting games, with USCIS for 3 years, and with the court for almost 1 year. Dear expert, please advise how can I push the judge to make a decision. Does anyone have a sample case? Thanks in advance.
Dear experts:
My case has been pending on the MSJ step for more than three months. The last document I filed was on 7/23/2007, which was the Answer to Defendants’ MSJ. I filed a status request to the Court 3 weeks ago. However, I only received a letter from the Court Clerk stating that the case was pending before the judge. Now I am stuck in two waiting games, with USCIS for 3 years, and with the court for almost 1 year. Dear expert, please advise how can I push the judge to make a decision. Does anyone have a sample case? Thanks in advance.
Yao
Yaoming,
Congratulations to you!
Yaoming,
Congratulations to you!
Dear all,
I have good news to share with all of you. This morning I got email
from AUSA, he scanned the approval notices for my family. This is
exciting news for me and my family! Thank you all for all your help
and precious time and patience to answer my questions. Without
all of your help, I can't make it. Special thanks to Lazycis, AGC4ME,
Paz1960 ! You are so great to support this forum to answer questions.
I am sure everyone will get their victory, be patient and contunue
to fight for our right. I will keep praying for all of you who are patiently
waiting. God bless you all !
Yaoming
Hi people, I went to INS local office today to get the I-551 stamp in the passport.
Right at the entrance, there is a big sign:
"Writ of Mandamus or any other filing in federal court can not be the reasons for the expedite namecheck".
This is just damn lie! If they were honest, they would put a sign:
the reasons for expedite namecheck are the Writ of Mandamus or any other filing in federal court. And that would be 100% correct. Government is just lying.
Right at the entrance, there is a big sign:
"Writ of Mandamus or any other filing in federal court can not be the reasons for the expedite namecheck".
This is just damn lie! If they were honest, they would put a sign:
the reasons for expedite namecheck are the Writ of Mandamus or any other filing in federal court. And that would be 100% correct. Government is just lying.
Congrat s and really?
Congrats and are you serious about the sign? and which districts is that?
Congrats and are you serious about the sign? and which districts is that?
Hi people, I went to INS local office today to get the I-551 stamp in the passport.
Right at the entrance, there is a big sign:
"Writ of Mandamus or any other filing in federal court can not be the reasons for the expedite namecheck".
This is just damn lie! If they were honest, they would put a sign:
the reasons for expedite namecheck are the Writ of Mandamus or any other filing in federal court. And that would be 100% correct. Government is just lying.
Congrats and are you serious about the sign? and which districts is that?
I am serious, it is on the board in the waiting room, INS Atlanta office
I filed my complaints 6 weeks ago and filed Request for Focuments last week. T
The USCIS updated my case in their website as follow:
On October 26, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does this mean? Good news? Anyone has similar experience?
The USCIS updated my case in their website as follow:
On October 26, 2007, a duplicate notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does this mean? Good news? Anyone has similar experience?