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

rollover in visa from preceding year

Seems like 1151(d) suggests rollover of unused family_based_visa number from a preceding year to employment based in current year.
§ 1151. Worldwide level of immigration
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)
(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153 (b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153 (a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
>>>>
Exemptions from per-country limits are suggested in 1152(a)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
>>>>>
Rollover of unused employment based visa numbers is also stated in DHS statistics available at:
http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf

AGC4ME said:
...
Yes. From 2000, DOS/USCIS used up all visa numbers only in 2005.

Yes.

No. Visa numbers unused are unused period.

"
Click to expand...
 
It's not really a rollover. Each year the number of EB visas is 140000 + number of unused family-based visas from the previous year (which is always zero because family-based visas are even harder to find than EB).
 
Employment Preference Limit
The annual limit is equal to 140,000 plus unused family-sponsored preferences in the previous fiscal year. There were 3,949 unused family sponsored preferences in 2005. The 2006 employment preference limit was 143,949 (140,000 plus 3,949). The limit is
28.6 percent of the total for each of the first three employment preferences and 7.1 percent for the last two preferences. In 2006, the number of employment-based preference immigrants exceeded the above limit. This was due to the REAL ID Act of 2005, which recaptured 50,000 unused employment-based visas, 33,341 of which were used in 2006.
 
Question

Hi All,

Can anyone please kindly answer a question of mine?

I received a stipulation proposal from the AUSA. It says both parties (me and the defendants) "stipulate to dismiss the case without prejudice" and "In consideration of the dismissal, CIS agrees to adjudicate my citizenship application within 10 days of the date of the entry of the order of dismissal".

Is there any catch? What if the CIS doesn't adjudicate my citizenship application as they promised?

Please advice.

Thank you.

Phuzzypeach
 
Waiting for A-File from last 4 months

Hi All

I am the silent reader of this forum since Aug 2007. My Citizenship interview was cleared in 21st Aug 2007. After the interview the immigration officer told me that the oath can't be given as he is waiting for my A-File. Since then I made 3 Infopass appointments. In 2nd inforpass appointment I was told that I should be getting the oath latter within 2 months. Since then 2 months have passed but no oath letter. Recently I mad an appointment and came to know that my file was requested 3 times already once in july, 2nd time in august and 3rd time in october. I also wrote to my congressman and waiting for response. Now I am thinking of filing 1447b.

I want to know that what is the success rate in Newark?

My details are as follows:

PD: 01/15/07
FP: 01/30/07
ID: 08/21/07 (Decision cannot be made Awaiting A-File)

My wife also filed with me and already become citizen details as follows:
PD: 01/15/07
FP: 01/30/07
IL Letter date: 02/01/07
IL Recd: 02/06/07
ID and Oath: 04/30/07
 
phuzzypeach said:
Hi All,

Can anyone please kindly answer a question of mine?

I received a stipulation proposal from the AUSA. It says both parties (me and the defendants) "stipulate to dismiss the case without prejudice" and "In consideration of the dismissal, CIS agrees to adjudicate my citizenship application within 10 days of the date of the entry of the order of dismissal".

Is there any catch? What if the CIS doesn't adjudicate my citizenship application as they promised?

Please advice.

Thank you.

Phuzzypeach
Click to expand...

Sign and forget about it. There are more important things to worry about (i.e. Christmas shopping, etc. :))
 
waiting4Citizen said:
Hi All

I am the silent reader of this forum since Aug 2007. My Citizenship interview was cleared in 21st Aug 2007. After the interview the immigration officer told me that the oath can't be given as he is waiting for my A-File. Since then I made 3 Infopass appointments. In 2nd inforpass appointment I was told that I should be getting the oath latter within 2 months. Since then 2 months have passed but no oath letter. Recently I mad an appointment and came to know that my file was requested 3 times already once in july, 2nd time in august and 3rd time in october. I also wrote to my congressman and waiting for response. Now I am thinking of filing 1447b.

I want to know that what is the success rate in Newark?

My details are as follows:

PD: 01/15/07
FP: 01/30/07
ID: 08/21/07 (Decision cannot be made Awaiting A-File)

My wife also filed with me and already become citizen details as follows:
PD: 01/15/07
FP: 01/30/07
IL Letter date: 02/01/07
IL Recd: 02/06/07
ID and Oath: 04/30/07
Click to expand...

If you really need to speed it up (and I think you do if you want to vote in the presidential primary), file 1447b and expect to get an oath letter within 2 months.
 
phuzzypeach said:
Hi All,

Can anyone please kindly answer a question of mine?

I received a stipulation proposal from the AUSA. It says both parties (me and the defendants) "stipulate to dismiss the case without prejudice" and "In consideration of the dismissal, CIS agrees to adjudicate my citizenship application within 10 days of the date of the entry of the order of dismissal".

Is there any catch? What if the CIS doesn't adjudicate my citizenship application as they promised?

Please advice.

Thank you.

Phuzzypeach
Click to expand...

Since the case is being dismissed without prejudice, you can file a motion to reopen the case if USCIS doesn't keep its words. So you are good to go.
 
Is newark a friendly district for 1447b?

lazycis said:
If you really need to speed it up (and I think you do if you want to vote in the presidential primary), file 1447b and expect to get an oath letter within 2 months.
Click to expand...

lazycis thanks for your prompt response. Is newark a friendly district for 1447b?
 
Please Help, Urgent!!!

Dear Lazycis, PAZ, AGC4me and other seniors,
I need urgent help from you guys.
After 5 months waiting, my MSJ was granted. The judge ordered USCIS make decision on my I485 before Jan 15, 2008. This morning the US attorney and USCIS had a telephone meeting with me. Basically, USCIS told be that there would be no visa number available on Jan 15, 2008 because of the backlog. If they follow the judge’s ruling, they must deny my case. So they ask me to keep my case pending to avoid a deny. I ask them to expedite the name check in one month, and then adjust my status once the visa number is available. They said that the judge did not give detail instruction on name check, and that name check is in FBI’s hand, so they can not decide. Then they said they will call me back later after they discuss about this issue.
So what can I do now? Should I file a motion to the court let judge instruct FBI finish my check? Or should I argue the backlog is not reasonable? What kind of motion those would be? AGC4me, I know you have successfully fought with USCIS on the backlog issues. Would you please kindly PM your suggestion and sample argument to me?
Another question, my wife is not on the plaintiff list, but in my MSJ, I list my wife's name for relief. But in the judge's order, he did not mension my wife's name. Can I add my wife as plaintiff at this stage? Or can I ask USCIS to finish my wife's name check at the same time?
Thanks a lot.
 
Thanks to Lazycis & AGE4ME!

Thank you for answering my question! Wish both of you and everyone else on this forum a merry Christmas and a happy new year!
I'll keep you updated about my progress with my citizenship.

:)
Phuzzypeach
 
veryfree said:
Dear Lazycis, PAZ, AGC4me and other seniors,
I need urgent help from you guys.
After 5 months waiting, my MSJ was granted. The judge ordered USCIS make decision on my I485 before Jan 15, 2008. This morning the US attorney and USCIS had a telephone meeting with me. Basically, USCIS told be that there would be no visa number available on Jan 15, 2008 because of the backlog. If they follow the judge’s ruling, they must deny my case. So they ask me to keep my case pending to avoid a deny. I ask them to expedite the name check in one month, and then adjust my status once the visa number is available. They said that the judge did not give detail instruction on name check, and that name check is in FBI’s hand, so they can not decide. Then they said they will call me back later after they discuss about this issue.
So what can I do now? Should I file a motion to the court let judge instruct FBI finish my check? Or should I argue the backlog is not reasonable? What kind of motion those would be? AGC4me, I know you have successfully fought with USCIS on the backlog issues. Would you please kindly PM your suggestion and sample argument to me?
Another question, my wife is not on the plaintiff list, but in my MSJ, I list my wife's name for relief. But in the judge's order, he did not mension my wife's name. Can I add my wife as plaintiff at this stage? Or can I ask USCIS to finish my wife's name check at the same time?
Thanks a lot.
Click to expand...

You should file a joint motion with the court along with the US attorney to put proceedings on hold to give USCIS additional time. You must state in the motion that in your joint conferenece USCIS indicated that they are working on your case and so you are jointly filing for all proceedings to be put on hold to give defendents time to work on your case.
 
veryfree said:
Dear Lazycis, PAZ, AGC4me and other seniors,
I need urgent help from you guys.
After 5 months waiting, my MSJ was granted. The judge ordered USCIS make decision on my I485 before Jan 15, 2008. This morning the US attorney and USCIS had a telephone meeting with me. Basically, USCIS told be that there would be no visa number available on Jan 15, 2008 because of the backlog. If they follow the judge’s ruling, they must deny my case. So they ask me to keep my case pending to avoid a deny. I ask them to expedite the name check in one month, and then adjust my status once the visa number is available. They said that the judge did not give detail instruction on name check, and that name check is in FBI’s hand, so they can not decide. Then they said they will call me back later after they discuss about this issue.
So what can I do now? Should I file a motion to the court let judge instruct FBI finish my check? Or should I argue the backlog is not reasonable? What kind of motion those would be? AGC4me, I know you have successfully fought with USCIS on the backlog issues. Would you please kindly PM your suggestion and sample argument to me?
Another question, my wife is not on the plaintiff list, but in my MSJ, I list my wife's name for relief. But in the judge's order, he did not mension my wife's name. Can I add my wife as plaintiff at this stage? Or can I ask USCIS to finish my wife's name check at the same time?
Thanks a lot.
Click to expand...

This is BS. The USCIS can request a visa number right now from the DOS for you. They do not have to wait until January. So tell them to do just that - request a visa number for you right away and hold it until they are ready to adjudicate. The USCIS also has the authority to request expedite from FBI. So do not let them trick you. There are a number of cases you can cite in support of your position. One is Galvez v. Howerton, 503 F. Supp. 35 (C.D. Cal. 1980).

Not much you can do about your wife's situation.
 
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veryfree said:
Dear Lazycis, PAZ, AGC4me and other seniors,
I need urgent help from you guys.
After 5 months waiting, my MSJ was granted. The judge ordered USCIS make decision on my I485 before Jan 15, 2008. This morning the US attorney and USCIS had a telephone meeting with me. Basically, USCIS told be that there would be no visa number available on Jan 15, 2008 because of the backlog. If they follow the judge’s ruling, they must deny my case. So they ask me to keep my case pending to avoid a deny. I ask them to expedite the name check in one month, and then adjust my status once the visa number is available. They said that the judge did not give detail instruction on name check, and that name check is in FBI’s hand, so they can not decide. Then they said they will call me back later after they discuss about this issue.
So what can I do now? Should I file a motion to the court let judge instruct FBI finish my check? Or should I argue the backlog is not reasonable? What kind of motion those would be? AGC4me, I know you have successfully fought with USCIS on the backlog issues. Would you please kindly PM your suggestion and sample argument to me?
Another question, my wife is not on the plaintiff list, but in my MSJ, I list my wife's name for relief. But in the judge's order, he did not mension my wife's name. Can I add my wife as plaintiff at this stage? Or can I ask USCIS to finish my wife's name check at the same time?
Thanks a lot.
Click to expand...

Interesting. Now in your prayer for relief did you ask for FBI name check clearance ? MSJ literally means that everything that you asked for in your prayer for relief has been granted. So if you asked for FBI name check to be cleared then the US Attorney will/shall work with FBI to get your name check cleared. If you didn't ask for it then you it is upto the US Attorney to interpret the MSJ as including the name check.

At this point you cannot add your wife to your petition. The case is complete. You will have to file a new case to proceed with.

As for as USCIS denying the petition, I don't think they can do that. They can go back to the Judge and tell him that a visa number is not available. Have they mentioned this in their filing ? What did the judge say about this argument ? Read the judgment carefully or post it here so we can understand what the Judge has said about it.
 
AGC4ME brought a good point. The USCIS does not have to deny your AOS, the AUSA can petition court to postpone the deadline. AUSA is playing games or s/he is just not qualified enough.
 
MSJ ruling

AGC4ME said:
Interesting. Now in your prayer for relief did you ask for FBI name check clearance ? MSJ literally means that everything that you asked for in your prayer for relief has been granted. So if you asked for FBI name check to be cleared then the US Attorney will/shall work with FBI to get your name check cleared. If you didn't ask for it then you it is upto the US Attorney to interpret the MSJ as including the name check.

At this point you cannot add your wife to your petition. The case is complete. You will have to file a new case to proceed with.

As for as USCIS denying the petition, I don't think they can do that. They can go back to the Judge and tell him that a visa number is not available. Have they mentioned this in their filing ? What did the judge say about this argument ? Read the judgment carefully or post it here so we can understand what the Judge has said about it.
Click to expand...



Here is the order.
 
Here we go: "Defendants are directed to adjudicate Plaintiff’s application by January 15, 2008, or notify the court in writing why they are unable to do so."
Why they have to deny it then?
 
thanks

lazycis said:
This is BS. The USCIS can request a visa number right now from the DOS for you. They do not have to wait until January. So tell them to do just that - request a visa number for you right away and hold it until they are ready to adjudicate. The USCIS also has the authority to request expedite from FBI. So do not let them trick you. There are a number of cases you can cite in support of your position. One is Galvez v. Howerton, 503 F. Supp. 35 (C.D. Cal. 1980).

Not much you can do about your wife's situation.
Click to expand...

Lazycis, AGC4me
Thank you very much for your answers.
Do you have sample of good argument about USCIS can request a visa number from DOS?
Thanks
 
Yeah lazycis got the right point here. Forget what I wrote here before. Have them file a motion with the court to say why they couldn't adjudicate.
 
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