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

I am with you for the appeal !

Dear Lazycis,
I will stand firmly with you even though I might not be able to
appear for your appeal court. Remeber, We are all strong support
to you, pray together for you. I am sure you will win !
God bless you !

Yaoming
lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
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Everyone,

I found this posted in another section of this website. I just copied and pasted it below since it wasn't posted to this particular thread.

I just wrote my Oregon congressman.

Quick way to solve name check problem

Congress has a bill pending for name check backlogs. This bill requires FBI to end all the name check cases pending longer than 6 months in 18 months. PLEASE write your congressman immediately and let all people you know to write to congressmen to support this bill or it cannot be passed. You should give people you know a letter and a stamped envelope and ask them to write to their congressmen. The link of the pending bill is listed below. I

http://www.congress.org/congressorg/...8&congress=110

I have listed the letter I wrote for your reference.

Dear Honorable XXXX

I am writing to seek your support for Bill H.R. 3828.

H.R. 3828 aims to reduce the backlog in processing requests made by U.S. Citizenship and Immigration Services (USCIS) to the National Name Check Program of the Federal Bureau of Investigation (FBI). Name Check is conducted by FBI on every applicant of US permanent residency and citizenship. As of May 2007, there were approximately 330,000 Name Check cases pending at the FBI, including 107,000 cases pending over 12 months, and 31,000 cases pending over 33 months (USCIS Ombudsman Annual Report of 2007). As the USCIS Ombudsman Report states,

"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts, and may not achieve their intended national security objectives".

The current delays in the Name Check program not only pose burdens on people seeking immigration benefits, but also lead to serious national security risks. Delays in the name check process actually prolong an individual's presence in the United States while the check is pending. In this sense, the current name check program may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.

Please support H.R. 3828 to support immigrant rights and strengthen national security. Thank you for your considerations.

Sincerely

XXXX
 
Dear Lazycis,

All the best wishes for you!

Although it is too far for me to come all the way from Illinois to your Court Argument, I am standing with you, like the other members in this forum.


I-140EB1-A AD 04/05
I-485 RD 10/04
WOM Pro Se filed 12/06, Dismissed 09/07
Notice of Appeal filed 10/07
 
Hiram said:
lazycis,
how can i track what's the latest news on Li vs. Gonzales in the 2nd circuit? My appeal is linked to his appeal...
please help
thanks
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Hiram I'm confused. Are you from Oregon ? If so why is your appeal linked to Li v. Gonzales in 2nd circuit ? I see that you wrote a letter to Senator from Oregon. Can you clear my confusion.
 
jefkorn said:
You let me know if and when are you appearing in person there. I am in Boston and would try to show up for moral support if nothing else. By the way, do I just show up or there's a procedure to "reserve" a seat?
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Thanks everybody for your support, I am touched. It's the First Circuit.
I think there will be plenty of seats available, it should be open for public, but I'll double check and post the details.
 
Hiram

AGC4ME

I am in NJ.
the last message i posted as i said was a copy paste from another forum...
sorry for the confusion :)
 
lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
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Good luck on your case!
 
lazycis said:
John Joseph Moakley
U.S. Courthouse
Court of Appeals Panel Courtroom
1 Courthouse Way
Boston, Massachusetts

I doubt they'll let me to bring my laptop, otherwise I' d be able to do a webcast :)
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Best wish for you. Pray for you. I believe all the members in this forum will pray for you. You are the man in this forum. Go fight. Even I can't come with you, our hearts will always come along with you.
Best luck!
 
lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
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Lazycis,
I wish you the best of luck. In the background, I really pray your case is approved even before going to this oral argument hearing. You have been of great help to every body in this forum, including me. God bless you, and our prayers are with you.
 
oskar2203 said:
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.
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This is just a USCIS's BS and it is just to scare people so they don't file a lawsuit. There was a USCIS Memo in Feb 2007 that says the same thing and we have seen many cases getting resolved after that, including mine. So, this message should never stop anyone to file a lawsuit. Remember, USCIS is sick of all these lawsuits and they can use any propaganda to reduce these lawsuits and that is exactly what are doing. So, please everyone, let us keep fighting. Anyone need help in filing 1447b, please Pm me with your email address and I will send you all the files that you need. Good luck to all!
 
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Great news. I have just posted a few days ago to ask what I should do next. Today, my online status shows card production ordered.

My I-485 has been pending for name check for over three years. I filed WOM this March. AUSA first asked for a one-month extention, and then filed a motion to dismiss when the extention was up. I filed an opposition and had to go to court for hearing. On Oct. 1st the judge ordered the AUSA and defendants to provide evidence to show the reasonableness of the delay and today I got the card production messege. what a relief.

But I do have one question. When I filed the WOM, I didn't include my husband as co-plaintiff, who is beneficiary of my I-485 application. His I-485 is still pending. I have got two versions of answers from senators office, with one saying his name check being completed in June 2006 and another one saying his name check is still pending. I was wondering if I had made a mistake by not including him as co-plaintiff in this WOM? Can I add him as co-plaintiff right now? or do I have to file another WOM for his I-485? Thanks in advance.
 
lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
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Cood luck, LazyCIS. It's very exciting.
Does this mean, that Judge will decide the case right there ?
 
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lazycis

Lazycis, I'm with you! Some how I have a feeling your case will be resolved before you go to court. Man, GOOD LUCK!

lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
Click to expand...
 
lazycis said:
AILF filed a motion to submit amicus brief by 11/15, the government may reply by 12/20 and the oral argument (AUSA, AILF lawyer and me are invited) will be held before the circuit panel during the second week of January. If you want to come for oral argument, you are welcome :)
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lazycis, You will win. Everyone here is rooting for you. The painfully meticulous way in which you have conducted your fight shows you are a winner already. You may get your GC before a hearing.
 
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Congratulations. Which judge was assigned to your case?
-Chris


oskar2203 said:
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!
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lazycis said:
Thanks everybody for your support, I am touched. It's the First Circuit.
I think there will be plenty of seats available, it should be open for public, but I'll double check and post the details.
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Dude many of us owe our success to you. The court will record the oral arguments. It might be worthwhile to get the CD and see if we can post it for others.
 
submitted name check date??

here some other question
how i can found out when the USCIS ( San Bernadino ) submitted my name check to the Federal Bureau of Investigation.
Is this the date after my interwiev??
 
NC status

Check this post that explains how to do it if your application is at TSC
http://immigrationvoice.org/forum/showpost.php?p=190158&postcount=7

Overall, call USCIS "customer service" and insist that you want to speak to an immigration officer (IO). IO will be able to give you all the details.
Here is the call sequence
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
...
 
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