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

Help on JS 44 form for an 485-based WOM case

Hi,

I need help on filling out the JS 44 form (Civil Cover Sheet) for our I-485-based WOM case.

1) IV NATURE OF SUIT:
Should I check
OTHER STATUTES: 890 Other Statutory Actions?

2) VI CAUSE OF ACTION:
Should I fill it with the following?
8 U.S.C. §1101 et seq., 5 U.S.C §701 et sq., and 28 U.S.C. §§ 1331, 1361

I have seen another version: 8 U.S.C. §1447(b), 5 U.S.C §701 et sq., and 28 U.S.C. §§ 1331, 1361

Is the latter one just for naturalization (and the former for I-485)?

Thanks a lot.
 
Hiram

Congratulations, my friend!!!
Totally agree with you, the only way to make the USCIS work is to sue them! Do it pro se and let them go bankrupt (the USCIS has to pay DOJ to defend itself)!
 
WhereIsMyGCUSA said:
Hi,

I need help on filling out the JS 44 form (Civil Cover Sheet) for our I-485-based WOM case.

1) IV NATURE OF SUIT:
Should I check
OTHER STATUTES: 890 Other Statutory Actions?

2) VI CAUSE OF ACTION:
Should I fill it with the following?
8 U.S.C. §1101 et seq., 5 U.S.C §701 et seq., and 28 U.S.C. §§ 1331, 1361

I have seen another version: 8 U.S.C. §1447(b), 5 U.S.C §701 et sq., and 28 U.S.C. §§ 1331, 1361

Is the latter one just for naturalization (and the former for I-485)?

Thanks a lot.
Click to expand...

1. 890
2. 8 U.S.C. §1101 et seq., 5 U.S.C §§501, 701 et seq., 28 U.S.C. §§ 1331, 1361
 
Last edited by a moderator:
Need you help

Dude,

If I send you draft of my WOM (N-400) in your PM; can you give me your kind feedback. Thanks,

lazycis said:
Congratulations, my friend!!!
Totally agree with you, the only way to make the USCIS work is to sue them! Do it pro se and let them go bankrupt (the USCIS has to pay DOJ to defend itself)!
Click to expand...
 
Congratulations!!

Hiram said:
THANK GODDDDD

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On November 1, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register


-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 20, 2007, filed a letter to appeal judge order in the 2nd circuit
- October 30, 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
- October 31, 2007, Biometrics given to USCIS
- November 2, 2007: Email notifying me that Green Cards have been ordered
Click to expand...

Hiram, Congratulations to you!!
A Job Well-done!! Enjoy your victory! Regards, dude
 
Hiram,

Congratulation from my heart!
Your victory has enlightened the way for people who are preparing their Appeals, like me.

Enjoy your victory!

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:
jefkorn
YES I APPLIED AT THE 17TH MONTH MARK...
NO THE AUSA DID NOT SAY IT IS NOT RESONABLE.. THERE ARE SO MANY CASES WERE JUDGE BELIEVED 6 MONTHS, 1 YEAR, AND 18 MONTHS UNREASONABLE...

BUT REMEMBER, IT DOES NOT MATTER !!!!!! THE JUDGE DISMISSED MY CASE IN BARELY HALF A PAGE AND NO REASONING WHAT SO EVER... IT DOESNT MATTER IF U DO IT YOURSELF OR WITH A LAWYER, IT DOESNT MATTER WHICH COURT YUO FILE IN, AND IT DOESNT MATTER WHAT YOUR JUDGE ORDERS WHAT MATTERS ARE:

1- TO BE DETERMINED AND READY TO SPEND FEW HOURS ON THIS FORUM EVERY DAY AND ON CUSTOMIZING YOUR LAW SUIT
2- TO CONTACT YOUR AUSA AND MAINTAIN GOOD RELATIONSHIP WITH HIM/HER
3- TO KEEP PUSHING UNTIL YOU GET THE GREEN CARD
4- TO KEEP THE FAITH

Once you file a law suit, they will pull your case from the shelf and put it on someone's desk... once u file the opposition to MTD, it becomes a higher priority !!!
Click to expand...

Hiram,
Congrats my friend. i remember our PM conversations about WOM about 8 months ago. Great Job my friend!
-lo
 
MTD Denied during Sept. and Oct. 2007 Part I

Here are the list of Recent Motion to dismiss denied during September and October 2007.
 
Hello i dindt file a WOM i was thinking that i going to file.
My Namecheck is still pending and over 14Months
 
Hiram said:
to Pollinh,
why do u wanna withdraw your mandamus? did u get your green card?
keep in mind, FOIPA's letter with no results does not mean your background check has been completed, and also, does not mean that you have been approved for a green card !
Be extra careful !
Name checks and background checks clearance will NOT be mailed to you.. they will be mailed to the USCIS since they were submitted by USCIS... even if you take that document that the FBI sent you and take it to the USCIS, they won't even look at it... they don't care...
I would not suggest you withdraw your case until you get your green card in your hand with your smiley picture on it !

Also, your signature does not show when you filed your Mandamus law suit ?!
Click to expand...


i didnt file a WOM but i was thinking about this.
My Namecheck is still pending over 14 Months
 
OK-Boy said:
SlowCIS,

I would like to say all of them have one common thing, I-485; have you seen any N-400 denial case lately. Thanks,
Click to expand...

We are mainly monitoring the I-485 cases in the speadsheet. The 1447b cases seems much smoother aftre the 9th, 4th, and 5th cicuit rulings.
 
You must log in or register to reply here.
Top