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

the issue with visa number or priority date

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.
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Lazycis and other members on this forum,

I think a lot of wommers from this forum are from India and China. It would affect us a lot since the retrogression pushed back the proirity date for a few years. For those who filed WOM when the priority date was current and the courts haven't ruled before the retrogression, what is the best strategy for us? To request the courts to order the USCIS to adjudicate the cases within 30 days? or to request the courts to order the USCIS to adjudicate the cases once the visa number available?

I also found two posts by Lazycis (#11939 on page 398 and #11967 in page 399) about this issue. Both cases are related to DV lottery and I am attaching one of them. But it seems to me that Przhebelskaya case implies that we can request the court to order the USCIS to adjudicate our cases ASAP only if the court made ruling before the retrogression (page 8 in the attachment).

Lazycis, i got a question for you. For older cases like, Galvez v. Howerton, 503 F. Supp. 35 (C.D. Cal. 1980), or Basova et al v. USCIS (Eastern Dis. of New York 2003), I cannot locate them through justia.com.
Do you know other ways that I could get the court order (or opinion) for these cases? Could you please list more cases that may help us to argue that USCIS should adjuciate our cases although the priority date is not current anymore? Thanks a lot.
 
Basova falls into the same category as Przhebelskaya. The court ordered the INS/CIS to issue GC before fiscal year ended. Interestingly enough, there were no visas available for Przhebelskaya's dependents but the government was held in contempt (violating a court order) and had to "find" numbers.

I posted Galvez order 2 pages back :) I have Basova order as well (at home). It's available in PACER as well. Let's see how AGC4Me case plays out. I think AGC4Me built a good case.

Galvez case is very useful for WoMers stuck in retrogression.
Maybe Jefrey v. INS case will be helpful. AGC4Me, can you post it if possible?
 
lazycis said:
Basova falls into the same category as Przhebelskaya. The court ordered the INS/CIS to issue GC before fiscal year ended. Interestingly enough, there were no visas available for Przhebelskaya's dependents but the government was held in contempt (violating a court order) and had to "find" numbers.

I posted Galvez order 2 pages back :) I have Basova order as well (at home). It's available in PACER as well. Let's see how AGC4Me case plays out. I think AGC4Me built a good case.

Galvez case is very useful for WoMers stuck in retrogression.
Maybe Jefrey v. INS case will be helpful. AGC4Me, can you post it if possible?
Click to expand...

Could only find the EAJA opinion in LexisNexis on Jefrey v. INS. Is that what you are looking for ?
 
Agc4me

AGC4ME said:
Guys amending a complaint is very easy. Just keep your original complaint as it is. Add your spouse to the list of Plaintiffs. Add relevant information about their case in the body of the case.

Title the Complaint as "FIRST AMENDED COMPLAINT" and then submit it. This is important.

First amending does not require court's permission. Second amending requires Court's permission. For second amending title the complaint as "SECOND AMENDED COMPLAINT". You'll have to submit a motion for leave to file a second amended complaint that includes a "FACTS AND REASONS" section.
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I have a few questions about this. Do I need to serve summons to every defendants again? Or do i need to serve summons+complaint to RICE and AUSA and file that with the court?
How do they count the 60-day deadline? Do we need to wait for another 60 days for answers after we serve the new defendant?
Is there a template with DOS as the defendant that we could use?

AGC4ME, could you please give me your case number and district? I may cite your case since it is affected by retrogression. Thanks a bunch.
 
lazycis

lazycis said:
Basova falls into the same category as Przhebelskaya. The court ordered the INS/CIS to issue GC before fiscal year ended. Interestingly enough, there were no visas available for Przhebelskaya's dependents but the government was held in contempt (violating a court order) and had to "find" numbers.

I posted Galvez order 2 pages back :) I have Basova order as well (at home). It's available in PACER as well. Let's see how AGC4Me case plays out. I think AGC4Me built a good case.

Galvez case is very useful for WoMers stuck in retrogression.
Maybe Jefrey v. INS case will be helpful. AGC4Me, can you post it if possible?
Click to expand...

Hey, Lazycis,

This is very helpful. Thanks much. You don't have to post the Basova order since it falls in the same catergory. And I found the Galvez order and that was easy:).
 
Is that from personal experience?

AGC4ME said:
You'll be called for an interview.
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Have you gone through similar situation, case transferred under extended review?

I am not reading too much into it except that it might *actually* be under extended review, some sort of random audit.

If you had the interview, what was asked during that interview?

Thanks
 
wommei said:
I have a few questions about this. Do I need to serve summons to every defendants again? Or do i need to serve summons+complaint to RICE and AUSA and file that with the court?
How do they count the 60-day deadline? Do we need to wait for another 60 days for answers after we serve the new defendant?
Is there a template with DOS as the defendant that we could use?

AGC4ME, could you please give me your case number and district? I may cite your case since it is affected by retrogression. Thanks a bunch.
Click to expand...

If you have already served the summons, just serving the AUSA would suffice. No they don't get another 60 days. Its 20 days after amending the complaint. There's nothing special about DOS just add them as defendants. My case is not yet ripe to be quoted. When it does I'll surely let u know.
 
AGC4ME said:
If you have already served the summons, just serving the AUSA would suffice. No they don't get another 60 days. Its 20 days after amending the complaint. There's nothing special about DOS just add them as defendants. My case is not yet ripe to be quoted. When it does I'll surely let u know.
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I think you do need to get summons for Rice and serve amended complaint to her and AUSA if you want to add DOS as a defendant. No need to get summons for other defendants.
 
GK three weeks after WOM

Dear forum members!

I've recently filed a WOM complaint in the district of Massachusetts, and got my green card approved three weeks after. Here is my stats:

PD: 4/2002
ND (485, EB2): 1/2004
WOM filed: 11/2007
I-485 approved: 12/2007
Steps: senator/congressman/ombudsman/FOIPA/L.Bush/Infopass(2)/WOM
Origin: former USSR

The app sat at Vermont SC for almost 4 years, never left the office. Unlike many others, I never had any indication that my name check has been completed. 3 weeks after filing the suit, I got approval emails, and shortly after a letter from AUSA with copies of actual 485 applications for me and spouse with approval stamps. In 5 days since then I got my cards.

Although I only read a few pages of this forum (with the links), I would like to express my sincere gratification to all forum members, especially lazycis and Publicus. Thank you guys very much for the invaluable resource that you put together. My lawsuit was based on those of three other people I know, and they definitely used this forum very actively.

That said, I encourage everybody who's stuck in the name check, especially in the 1st circuit to go ahead and spend your $340+mailing fees. This WILL work.

Finally, I just wanted to ask you guys a couple of questions which I'm sure you know the answers for:

1) Did anybody ever have any luck getting their WOM filing fees reimbursed by any of the defendants?
2) Did anybody ever have any luck backdating their naturalization 5-year waiting times back to the 485 filing date or at least by as much as their overdue times?

Good luck to everybody, thanks in advance for your answers.
 
Help..AUSA is not agreeing to amend complaint to add DOS

Lazycis,AGC4ME,others:
AUSA filed MTD on 22 Dec(reply due on 7 Jan).
I want to amend complaint to add DOS as Defendant and my spouse as plaintiff. I sent him my 3rd Amended Complaint e-copy to see if he agrees to me filing motion to leave to file amended complaint.
His email says:
I am unable to assent to your motion for leave to file a third amended complaint. For the reasons set forth in defendants’ motion to dismiss, any amendment would be futile. Please feel free to call me to discuss this matter

I am sure to get my MTD_response ready before Jan 7th.
What should I do ?
a. File Amended Complaint. AUSA files opposition.
Is judge does not rule by Jan 7.. I will go ahead with my MTD response

or
b. File MTD response and then file amended complaint..

Please help...
 
wom_ri said:
Lazycis,AGC4ME,others:
AUSA filed MTD on 22 Dec(reply due on 7 Jan).
I want to amend complaint to add DOS as Defendant and my spouse as plaintiff. I sent him my 3rd Amended Complaint e-copy to see if he agrees to me filing motion to leave to file amended complaint.
His email says:
I am unable to assent to your motion for leave to file a third amended complaint. For the reasons set forth in defendants’ motion to dismiss, any amendment would be futile. Please feel free to call me to discuss this matter

I am sure to get my MTD_response ready before Jan 7th.
What should I do ?
a. File Amended Complaint. AUSA files opposition.
Is judge does not rule by Jan 7.. I will go ahead with my MTD response

or
b. File MTD response and then file amended complaint..

Please help...
Click to expand...

Use plan B.
Concentrate on your opposition first. File the opposition, then work on and file a motion for leave to file 3rd amended complaint. It does not matter what AUSA does, if the court grants leave, you are good to go.
 
mass_wom said:
Dear forum members!

I've recently filed a WOM complaint in the district of Massachusetts, and got my green card approved three weeks after. Here is my stats:

PD: 4/2002
ND (485, EB2): 1/2004
WOM filed: 11/2007
I-485 approved: 12/2007
Steps: senator/congressman/ombudsman/FOIPA/L.Bush/Infopass(2)/WOM
Origin: former USSR

The app sat at Vermont SC for almost 4 years, never left the office. Unlike many others, I never had any indication that my name check has been completed. 3 weeks after filing the suit, I got approval emails, and shortly after a letter from AUSA with copies of actual 485 applications for me and spouse with approval stamps. In 5 days since then I got my cards.

Although I only read a few pages of this forum (with the links), I would like to express my sincere gratification to all forum members, especially lazycis and Publicus. Thank you guys very much for the invaluable resource that you put together. My lawsuit was based on those of three other people I know, and they definitely used this forum very actively.

That said, I encourage everybody who's stuck in the name check, especially in the 1st circuit to go ahead and spend your $340+mailing fees. This WILL work.

Finally, I just wanted to ask you guys a couple of questions which I'm sure you know the answers for:

1) Did anybody ever have any luck getting their WOM filing fees reimbursed by any of the defendants?
2) Did anybody ever have any luck backdating their naturalization 5-year waiting times back to the 485 filing date or at least by as much as their overdue times?

Good luck to everybody, thanks in advance for your answers.
Click to expand...

Congrats on your victory!
Sorry to answer "no" to your questions. Forget about it and enjoy your permanent resident status.
Vsego horoshego!
 
Dear friends,
As promised, here are some documents that I had gathered and used as reference and info on my N-400 No Interview case.
The first three are N-400 No-Interview cases where MTDs were denied. The last one is an Opposition to MTD which has very good arguments that may be useful for folks still in the battleground.
At this point, I would like to say good bye to this forum, and many thanks to lazycis, pas1960, missingpa, shvili, who gave extremely valuable information along the way.
Life is quite busy for me right now, and luckily the stars and moons aligned perfectly for me that my wife and son arrived in USA just a couple of months before I was interviewed and naturalized. I was busy with filing AOS packet for my wife all of last week, and I finally filed it with Chicago Lockbox last week. Now another waiting game starts for my family, but it will be with much less stress.
I wish you all best of luck, and happy holidays.
 
Cross MSJ from AUSA

lazycis said:
Use plan B.
Concentrate on your opposition first. File the opposition, then work on and file a motion for leave to file 3rd amended complaint. It does not matter what AUSA does, if the court grants leave, you are good to go.
Click to expand...

Dear Lazycis, AGC4ME and other WOMmers on the board,

I filed MSJ on Dec. 26. On the same day, the AUSA filed MSJ. In her MSJ, she mentioned that 1) defendants other than Chertoff should be exempted, and 2) there is no visa number available for my case and my application can't be processed for now.
The hearing is set on Feb 20. I am in 9th district, North Cal.

I have a couple of questions:
1) I will file an answer to MSJ. There is no official deadlines for filing an answer to MSJ, right? So I assume anytime before the hearing date would be OK although I will certainly do it asap.

2) Is it too late for me to amend my complaint to include RICE and DOS as the defendant while we are already at the stage of MSJ? If not, I guess I should file the first amended complaint with the court directly?

3) Would you have any suggestions on what would be good arguments to include Rice and DOS as defendants?

4) what else do I need to do besides filing an answer to MSJ, and Amendment for complaint?

I thought the AUSA was working on pushing the government working on my case. But it appears that I am too optimistic. If they use the visa number as an excuse, then they won't even work on my case since the visa number is not available. (Tightening fists!!)

Thank you very much for your advices.
 
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I just joined the site officially, but I have been reading for some time.

My problem is I'm a I-130 petitioner who has been waiting for 1 1/2 years for the noa2. I have not found anything regarding a WOM for my situation. is this possible ? I'm really ready to file the writ or mandamus.. only I just see stuff for I-485.
have written to the Congressmen, senators, Ombudsman and the white house. Lastly yesterday I sent letter to USCIS(CSC) and U.S attorney stating I would submit the writ of mandamus, but now I'm not so sure of my chances of success since I don't see any similar suits with soley the I-130.

I'm really desparate and this is the 2nd christmas since i've been married and away from my wife. Please help if you can
 
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waitinfori130 said:
I just joined the site officially, but I have been reading for some time.

My problem is I'm a I-130 petitioner who has been waiting for 1 1/2 years for the noa2. I have not found anything regarding a WOM for my situation. is this possible ? I'm really ready to file the writ or mandamus.. only I just see stuff for I-485.

I'm really desparate and this is the 2nd christmas since i've been married and away from my wife. Please help if you can
Click to expand...

It is quite possible to file a mandamus in your case. See Razaq v. Poulos, Case No. 06-2461-WDB, (N.D. Cal 2006). Here is the link to court order
http://www.immigrationportal.com/attachment.php?attachmentid=16065&d=1176397473
One more:
Alsharqawi v. Gonzales, 2007 U.S. Dist. LEXIS 29808 (N.D. Tex. Mar 14, 2007)
http://www.immigrationportal.com/attachment.php?attachmentid=16089&d=1177024162
 
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yiliuer said:
Dear Lazycis, AGC4ME and other WOMmers on the board,

I filed MSJ on Dec. 26. On the same day, the AUSA filed MSJ. In her MSJ, she mentioned that 1) defendants other than Chertoff should be exempted, and 2) there is no visa number available for my case and my application can't be processed for now.
The hearing is set on Feb 20. I am in 9th district, North Cal.

I have a couple of questions:
1) I will file an answer to MSJ. There is no official deadlines for filing an answer to MSJ, right? So I assume anytime before the hearing date would be OK although I will certainly do it asap.

2) Is it too late for me to amend my complaint to include RICE and DOS as the defendant while we are already at the stage of MSJ? If not, I guess I should file the first amended complaint with the court directly?

3) Would you have any suggestions on what would be good arguments to include Rice and DOS as defendants?

4) what else do I need to do besides filing an answer to MSJ, and Amendment for complaint?

I thought the AUSA was working on pushing the government working on my case. But it appears that I am too optimistic. If they use the visa number as an excuse, then they won't even work on my case since the visa number is not available. (Tightening fists!!)

Thank you very much for your advices.
Click to expand...

1) I'm not sure about CA rules. Typically the court should have scheduled the dates when reply to MSJ should be filed.
2) Yes it is too late to amend your complaint. But in your reply to MSJ you can argue the following, strict interpretation of statutes say that visa number be available when the application is filed. The defendants are putting forth an argument now that a visa number is not available, even thought it was available during the time the application was filed and during the time when the instant action was initiated. in the event court finds that a visa number be available for adjudication the Plaintiff pleads with the court to allow amending of the complaint to include Department of State so the court could issue appropriate instructions. Now the ball is with the court.
3) See above
4) You never know. AUSA always has to maintain that the system is working the way it is set up. There's nothing wrong with it.

Is your NC clear ?
 
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