Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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another document of interest
See attached amicus brief filed in the 1st Circuit Appeal 07-1791.
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
A good read, recommended for all distressed souls waiting for AOS approval
See attached amicus brief filed in the 1st Circuit Appeal 07-1791.
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
A good read, recommended for all distressed souls waiting for AOS approval
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See attached amicus brief filed in the 1st Circuit Appeal 07-1791.
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
A good read, recommended for all distressed souls waiting for AOS approval
This is very nicely written. Like Walji I see the circuit court establishing once for all the validity of WOM.
Lazycis
hey, Lazycis,
I called the NSC today and inquired about the Name Check at FBI. The conversation is unpleasant and unfriendly. I searched all the cases that presided by the Judge that I will use. It seems that he doesn't rule in favor of the immigrats (maybe because that will adversely affect the AUSA's career), and he doesn't rule in favor of the government too (maybe he realized that the immigrants suffered too much). He ususally keep the case open until it is dismissed voluntarily or dismissed-settled. Some of these cases last for 5 months and some of the cases last for more than 7 months.
My question is that is there anyway that I could do to speed things up?The deadline for the goverment to respond me is 12/3/2007. There is no any status hearing scheduled so far. Is it all right if I call the clerk or the secretary of the judge and ask him about the hearing schedule? Anything else I can do about that? By the way, the AUSA told me that the judge may schedule a status hearing in January and another one in March or April. Any suggestions? I worry about this stuff too much to sleep well during night. I thought there is nothing I cannot sort out in life as long as I keep working hard. Now I realize how hopeless this situation is.
hey, Lazycis,
I called the NSC today and inquired about the Name Check at FBI. The conversation is unpleasant and unfriendly. I searched all the cases that presided by the Judge that I will use. It seems that he doesn't rule in favor of the immigrats (maybe because that will adversely affect the AUSA's career), and he doesn't rule in favor of the government too (maybe he realized that the immigrants suffered too much). He ususally keep the case open until it is dismissed voluntarily or dismissed-settled. Some of these cases last for 5 months and some of the cases last for more than 7 months.
My question is that is there anyway that I could do to speed things up?The deadline for the goverment to respond me is 12/3/2007. There is no any status hearing scheduled so far. Is it all right if I call the clerk or the secretary of the judge and ask him about the hearing schedule? Anything else I can do about that? By the way, the AUSA told me that the judge may schedule a status hearing in January and another one in March or April. Any suggestions? I worry about this stuff too much to sleep well during night. I thought there is nothing I cannot sort out in life as long as I keep working hard. Now I realize how hopeless this situation is.
Called TSC yesterday and I was told that my name check is cleared on 10/29th. I did not believe her. I am going to take an infopass visit 26th Nov and see what they are saying.(if they say anything at all).
Now if it is really cleared, I wonder if that is just a coincident that I filled WOM 10/17th or is it a consequence. I don't think WOM would work so fast, so I think in my head that it is just a coincident. However, in my heart, for the sake of $400 buck I spend for WOM, I think it is the consequence of my WOM.
Let see what I found out in Infopass.
And how lucky I am that from 12/01 my PD will be retrogressed again, for only GOD and DOS knows, when it will be current again.
This assaning f**ing GC process just killed my carrier. I wish, I never would have come here. At least I would be in better shape, healthwise.
Now if it is really cleared, I wonder if that is just a coincident that I filled WOM 10/17th or is it a consequence. I don't think WOM would work so fast, so I think in my head that it is just a coincident. However, in my heart, for the sake of $400 buck I spend for WOM, I think it is the consequence of my WOM.
Let see what I found out in Infopass.
And how lucky I am that from 12/01 my PD will be retrogressed again, for only GOD and DOS knows, when it will be current again.
This assaning f**ing GC process just killed my carrier. I wish, I never would have come here. At least I would be in better shape, healthwise.
Did you send a request for documents to AUSA? Unfortunately we do not have control over the USCIS or the US justice system. So just take it easy and do not worry about it too much. After you get a response from AUSA, you may file MSJ to speed up the process. This is one of those things that you cannot sort out on your own, but if you stop worry about it, the resolution will come a lot sooner, like a spring after a long winter.
That is a good idea. I will do that soon. As I remember AGC4ME uploaded a template for request for documents to AUSA. I will modify that template and send out the request soon. Thank you so much for your encouragement and clever advice.
ACLU Lawsuit in Southern California
Dear friends,
Please forward this message to the appropriate people and let them know to contact Ranjana ACLU of Southern California office directly at 213 977 9500 x236, or to contact Nora Preciado, who is another attorney at her office, and she can be reached at 213-977-5223.
The ACLU is in the process of preparing another lawsuit for certain people who have been held up in the citizenship process because of delays in their “FBI name check.” We are currently looking for people who: 1) applied for U.S. citizenship, 2) got a priority date from CIS on their citizenship case, 3) have *NOT* gotten an interview, and 4) were told that their interview cannot be held yet because their “FBI name check” is pending, and that no other reason for delay of their case exists. Of course, the people must also satisfy all of the criteria for citizenship (5 years of residence after green card, good moral character, etc.). If you know people in this situation, please have them contact me or Nora early next week.
Thanks for your help.
Dear friends,
Please forward this message to the appropriate people and let them know to contact Ranjana ACLU of Southern California office directly at 213 977 9500 x236, or to contact Nora Preciado, who is another attorney at her office, and she can be reached at 213-977-5223.
The ACLU is in the process of preparing another lawsuit for certain people who have been held up in the citizenship process because of delays in their “FBI name check.” We are currently looking for people who: 1) applied for U.S. citizenship, 2) got a priority date from CIS on their citizenship case, 3) have *NOT* gotten an interview, and 4) were told that their interview cannot be held yet because their “FBI name check” is pending, and that no other reason for delay of their case exists. Of course, the people must also satisfy all of the criteria for citizenship (5 years of residence after green card, good moral character, etc.). If you know people in this situation, please have them contact me or Nora early next week.
Thanks for your help.
There is a God!
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in). Just wanted to share a good news. Now where do I put all those cannons?
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in
). Just wanted to share a good news. Now where do I put all those cannons?Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in
Fantastic lazycis... Congratulations and enjoy...We are all so happy for you. I know how much effort you put in to this. So will the appellate court still weigh in ?
congratulations, Lazycis
You got the well-deserved victory! I am really happy for you and have seen hope through your victory. As long as we keep fighting, we can still see the lights coming even in the darkest moments.
You could pass those cannons to us, perhaps?
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in
You got the well-deserved victory! I am really happy for you and have seen hope through your victory. As long as we keep fighting, we can still see the lights coming even in the darkest moments.
You could pass those cannons to us, perhaps?
Well, after 11+ months of fighting, the USCIS caved in and send I-485 approval notices for my family (along with my new EAD to rub it in
You can rub your EAD and throw it away while most of us here still have to keep rubbing it.
. Congratulations!My case update and question (1 of 2)
I got this email on Tuesday from the AUSA working on my case regarding to my discovery request:
----------------------------------------------------
In response to the discovery requests below, I would like to convey the following. As Defendants stated in their Joint Status Report submission in August 2007, we take the position that you are not entitled to serve discovery requests under the Federal Rules of Civil Procedure on Defendants in this action. Your complaint seeks a writ of mandamus to compel agency action under the Administrative Procedure Act, and Defendants submit that civil discovery is not appropriate in such an action. Instead, we take the position that you are entitled to a copy of the administrative record from your case. We have obtained a copy of your file from USCIS and will be providing to you, and filing it with the court, shortly. We are in the process of obtaining the corresponding record from the FBI and will provide that when it is available.
In response to your previous requests, Defendants further state (on a voluntary basis, without conceding any discovery obligation) that USCIS is required to wait for the results of FBI background and security checks before adjudicating an I-485 application by authorities including Immigration and Naturalization Act section 245 (Title 8, United States Code, section 1255), and 8 Code of Federal Regulations section 245.
In an effort to cooperate in this litigation, Defendants will discuss the further voluntary exchange of information on an item-by-item basis if you believe it would be helpful to do so.
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Now here is my original request:
1. ALL documents in Plaintiff’s USCIS file (A-file).
2. ALL administrative records from FBI and USCIS associated with Plaintiff's name check.
3. Affidavit from the defendants employed by the FBI containing dates and actions taken during the processing of aforementioned name check, the number of “hits” produced during the name check search and how many “hits” were resolved up to date.
4. Regulatory and Statutory authorities requiring the USCIS to wait for the FBI name check completion before granting LPR status.
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.
Respectfully requested, October 21, 2007
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My question:
I now know for sure that my name check has passed. How should I respond to this? Repeat my request 4 and 5?
Thanks for any ideas, suggestions.
I got this email on Tuesday from the AUSA working on my case regarding to my discovery request:
----------------------------------------------------
In response to the discovery requests below, I would like to convey the following. As Defendants stated in their Joint Status Report submission in August 2007, we take the position that you are not entitled to serve discovery requests under the Federal Rules of Civil Procedure on Defendants in this action. Your complaint seeks a writ of mandamus to compel agency action under the Administrative Procedure Act, and Defendants submit that civil discovery is not appropriate in such an action. Instead, we take the position that you are entitled to a copy of the administrative record from your case. We have obtained a copy of your file from USCIS and will be providing to you, and filing it with the court, shortly. We are in the process of obtaining the corresponding record from the FBI and will provide that when it is available.
In response to your previous requests, Defendants further state (on a voluntary basis, without conceding any discovery obligation) that USCIS is required to wait for the results of FBI background and security checks before adjudicating an I-485 application by authorities including Immigration and Naturalization Act section 245 (Title 8, United States Code, section 1255), and 8 Code of Federal Regulations section 245.
In an effort to cooperate in this litigation, Defendants will discuss the further voluntary exchange of information on an item-by-item basis if you believe it would be helpful to do so.
----------------------------------------------------------
Now here is my original request:
1. ALL documents in Plaintiff’s USCIS file (A-file).
2. ALL administrative records from FBI and USCIS associated with Plaintiff's name check.
3. Affidavit from the defendants employed by the FBI containing dates and actions taken during the processing of aforementioned name check, the number of “hits” produced during the name check search and how many “hits” were resolved up to date.
4. Regulatory and Statutory authorities requiring the USCIS to wait for the FBI name check completion before granting LPR status.
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.
Respectfully requested, October 21, 2007
--------------------------------------------------------
My question:
I now know for sure that my name check has passed. How should I respond to this? Repeat my request 4 and 5?
Thanks for any ideas, suggestions.
My case update and question (2 of 2)
This is an email I got from my AUSA on Wendesday:
----------------------------------------------------
I’ve just had a new update from the agency on your application. I have good news and bad news.
The good news is that your name check has been cleared by the FBI, and your spouse. Your cases are ready for adjudication by USCIS.
The bad news is that there currently are no visas available for your priority date. Your priority date is June 11, 2002. The U.S. State Department is currently issuing visas for 3rd preference from China with a priority date of September 1, 2001. Only those applicants who applied on or before September 1, 2001 have visas available.
Thus, your situation is currently out of the hands of USCIS. USCIS will adjudicate your application as soon as a visa is available, but until one becomes available, USCIS can’t adjudicate.
Only the State Department controls visa allocations. Nobody knows for certain, but USCIS estimates that it might be 8-9 months before visas for your priority date become available.
I know you’ve been waiting a very long time, and I’m very sorry to have to inform you of this additional delay. If you have any questions, please contact me.
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My complaint did not include the State Department as defendant and the deadline for amend my complaint (set by the Judge and it is Oct. 11) has already passed. What do you think that I should and can do?
Thanks!
This is an email I got from my AUSA on Wendesday:
----------------------------------------------------
I’ve just had a new update from the agency on your application. I have good news and bad news.
The good news is that your name check has been cleared by the FBI, and your spouse. Your cases are ready for adjudication by USCIS.
The bad news is that there currently are no visas available for your priority date. Your priority date is June 11, 2002. The U.S. State Department is currently issuing visas for 3rd preference from China with a priority date of September 1, 2001. Only those applicants who applied on or before September 1, 2001 have visas available.
Thus, your situation is currently out of the hands of USCIS. USCIS will adjudicate your application as soon as a visa is available, but until one becomes available, USCIS can’t adjudicate.
Only the State Department controls visa allocations. Nobody knows for certain, but USCIS estimates that it might be 8-9 months before visas for your priority date become available.
I know you’ve been waiting a very long time, and I’m very sorry to have to inform you of this additional delay. If you have any questions, please contact me.
-------------------------------------------------------
My complaint did not include the State Department as defendant and the deadline for amend my complaint (set by the Judge and it is Oct. 11) has already passed. What do you think that I should and can do?
Thanks!
He is right to an extent. How do you know your name check has passed. IMO don't believe what USCIS tells you over the phone or even through infopass. Tell the AUSA that you are entitled to get a screen shot of the processing dates at the FBI.
I got the news from my congressman one month ago and then from the AUSA on Wendesday (see my second post above). The big problem now is that I am in the 3rd category and may have to wait for another year for the date become current again (it was current when I file the WOM). I hope there is no expiration for the name check.