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

You can ask judge's permission to amend your complaint (ask for a leave of court) at any time. If you did not make any amendments yet, it's almost guaranteed that the court will grant you leave. Try it, even though I do not think it is necessary to add DOS as a defendant. If the USCIS requests a visa, DOS should issue it. AGC4Me made great arguments in his MSJ, I did not have anything to add.

Thanks lazycis. I hope that you'll stick around for a long time to come even after your case is closed. Actually at least stick around until my case is closed :D
 
same here

Hi Duck, you are so selfish ;). I am sure, Lazycis will not leave here.
He is a very generous MAN. Actually, I had the same selfish feeling as you
when Paz got naturalizede several months ago. I hope he will stay around
to help us. Paz did stay here and continue to help people here. I really
appreciate it. Lazycis, do not leave here, but spend a little more time
with your family. Thanks,
Yaoming
Thanks lazycis. I hope that you'll stick around for a long time to come even after your case is closed. Actually at least stick around until my case is closed :D
 
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 :eek:). Just wanted to share a good news. Now where do I put all those cannons?

Great! You will have to withdraw your appeal from the circuit court since the case is moot. It was a solid fight.
 
Great! You will have to withdraw your appeal from the circuit court since the case is moot. It was a solid fight.

Does he ? The appeal was to determine whether the district court had jurisdiction or not, the appeal had nothing to do with providing him with any relief right.... It will be good if the appeal is kept alive.

Lazycis, what is the AUSA saying ?
 
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 :eek:). Just wanted to share a good news. Now where do I put all those cannons?

Hi lazycis, I was away from the forum for the holiday. When I come back today, I see this! Congratulation from the bottom of my heart! You are a such MAN and you deserve all of this reward a long time ago!
Take a few days leave for a happy break. But come back please. All the people who are still strugling here need you and other experts for help. Thanks!
 
Does he ? The appeal was to determine whether the district court had jurisdiction or not, the appeal had nothing to do with providing him with any relief right.... It will be good if the appeal is kept alive.

Lazycis, what is the AUSA saying ?

I do not know, I followed your advice and took a day off today. Will keep you posted on the developments.
 
Congratulation Lazycis, you deserve this long time ago;We are equally delighted in your joy. This is a big success for all of us. Stay happy and keep smiling.

OK-Boy

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 :eek:). Just wanted to share a good news. Now where do I put all those cannons?
 
I've got the approvals in my mailbox. No e-mails, nothing. I applied for EAD a month ago (my current one expires on 2/15)! I-485 was approved a day after AILF filed amicus brief. So definitely there is no correlation between those two events :) I'll try to keep my appeal alive.
P.S. Got the actual cards for me and my wife today as well.
Lazycis,
Congratulations! You deserve it. It's kind of encouraging to people here still fighting for their cases. Thanks a lot for your kind help to all of the forum members!!!!
 
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 :eek:). Just wanted to share a good news. Now where do I put all those cannons?
Congratulations lazycis. What a well deserved victory. I am delighted to hear this news from you. Store your cannons in a safe place. You may need them 5 years later for N-400:)
 
update on my case

Well, I just received a call from the chief clerk of the 1st Cir. The court is going to allow AILF motion to file amicus brief and will schedule oral argument for the second week of January. This is the best scenario - continue appeal having a GC in my wallet :)
 
Well, I just received a call from the chief clerk of the 1st Cir. The court is going to allow AILF motion to file amicus brief and will schedule oral argument for the second week of January. This is the best scenario - continue appeal having a GC in my wallet :)

Man this is wonderful. Are u supposed to argue or will AILF take care of it. In any case take the day off and report to us the happenenings.
 
Clerk said AILF will take care of the argument. I do not have to attend it if I am too busy :) This is almost too good to be true :)
 
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 :eek:). Just wanted to share a good news. Now where do I put all those cannons?

congratulations! that's good news.
 
I have been following this website and all the participants for a while and i am very impressed with the knowledge ,courage and support you guys have been showing.
I reside in nyc and i filed my N-400 application in may 2007.Got my fingerprints taken in june and had my interview at 26 federal plaza on Augt 16.All my papers are perfect. i pay my taxes and the interview was piece of cake.At the end of the interview the officer(mrs/ms Bilal) told me that everything's fine and i ll be receiving my oath date letter in the mail.it has been more than 90 days and i havent received anything yet.i filed my application in may 2nd so i shouldnt be concerned about the influx of applications USCIS claimed to have received between june and augt.I called the NSC(1-800 hotline) and first i was told that they didnt have any records of me being already interviewed.Then after i explained them the situation, call got transferred to a supervisor and she told me that they r doing a background check on me and my native country is not very helpfull releasing the information they need to complete this process which i think is totally absurd given the fact that i have been living here for 12 years and
i have been back home only 3 times for a week each times.My question is
" is this something that USCIS use as an excuse to cover their lack of capabilty to conduct this check in a timely fashion?"
 
gc_mania

if PD retrogresses that it strengthens our argument that agency actions are indeed arbitrary and capricious. It pokes a hole in to their argument that cases are adjudicated on a first in first out basis. Add Department of state as one more defendant and send your complaint to Condaleeza Rice too. Do it immediately.
 
Clerk said AILF will take care of the argument. I do not have to attend it if I am too busy :) This is almost too good to be true :)

Santa came to your house early I guess.. Did you tell the clerk that your complaint is moot? It would be a double whammy for the Govt. to have approved your GC and still get an earful from the appellate court. But let them face the music. They brought it upon themselves. If anyone is still on sidelines thinking that USCIS will approve their GC thru due process they only need to look at your case, your fight and draw strength and just go for it.
 
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Agc4me

I did not tell the clerk that I got my GC. It would be meaningless to her anyway. AILF lawyer called me last night and told me that she has good news for me - AUSA told her that my name check is cleared :) She also told me that AUSA promised to do everything possible to get my GC approved when AILF asked for AUSA consent for amicus brief. Well, I shared my good news with her as well :) She could not believe it! She is going to confer with AILF members regarding my appeal and discuss what to do next.
 
I did not tell the clerk that I got my GC. It would be meaningless to her anyway. AILF lawyer called me last night and told me that she has good news for me - AUSA told her that my name check is cleared :) She also told me that AUSA promised to do everything possible to get my GC approved when AILF asked for AUSA consent for amicus brief. Well, I shared my good news with her as well :) She could not believe it! She is going to confer with AILF members regarding my appeal and discuss what to do next.

This has me confused. So the AUSA doesn't know that you've been granted PR? So all he does is makes sure the nc clears ? It makes sense because both FBI and AUSA work for DoJ. That's why my AUSA keeps saying that USCIS is way out of his control whereas he can get things done from FBI easily...
 
I did not tell the clerk that I got my GC. It would be meaningless to her anyway. AILF lawyer called me last night and told me that she has good news for me - AUSA told her that my name check is cleared :) She also told me that AUSA promised to do everything possible to get my GC approved when AILF asked for AUSA consent for amicus brief. Well, I shared my good news with her as well :) She could not believe it! She is going to confer with AILF members regarding my appeal and discuss what to do next.

The only thing you have to be careful about is this going to a juge for a hearing. you can be sure that AUSA will ask the judge to deny the appeal since the requested relief has already been granted. In that case the judge may issue a decision in favour of the government and hopefully that does not become a precedent in your circuit. So You have no alternative but to agree to dismissal I think. Confer with AILF on if there is anything good that can be squezed put of this.
 
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