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

Dui

I really need advice! I have been waiting on the Name Check since October 2005. Should I file 1447b if FOIA came back as "No record" but I did get a DUI last year. I am worried about loosing the lawsuit and getting deported?
What are my chances?
 
Hi mmlulin

I am not sure which district you are in. A few days ago I talked with a lawyer who has a lot of WOM experience in Florida, he said my wait of over 1 year is not enough, not recommending me to file. (BTW, his name is David stoller, someone recommended him to me). He said USCIS will contend that 1 year is not unreasonable wait. I guess 2-year is a safer bet. Check pacer, he will find all recent cases in your district and also the attorney information.

mmlulin said:
Hi Gurus, I am ready to file WOM in a few days for delayed I-485. Here is the my details, do you think it is worth filing WOM or wait another 6 months?

1. Eb1B based I-485. Filed on July 24, 06. Priority date: Oct 05. I-485 transferred to TSC in Mar 07.
2. Visa # is always Current, except Aug and Sep 07 visa fiasco.
3. 5 Infopasses
4. Wrote to Senator, FL
5. Emailed FBI twice, no response
6. Done FOIPA, "no record"
7. Per Infopass and senator, NC is pending

Is is worthing filing now for 18-month waiting, or should I wait until 2-year mark??????
Click to expand...
 
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How the USCIS director lied to Congress

Below are the words of Eduardo Aguirre, Jr., the USCIS DIRECTOR at the time when he testified before Congress in 2004
http://judiciary.house.gov/OversightTestimony.aspx?ID=196

Thankfully, we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President’s vision of “welcoming immigrants with open arms…not endless lines.”
 
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Testimony by EDUARDO AGUIRRE, JR. then USCIS director

The link points to testimony by EDUARDO AGUIRRE, JR. who was Director of USCIS at the time of testimony.
 
jefkorn said:
The link points to testimony by EDUARDO AGUIRRE, JR. who was Director of USCIS at the time of testimony.
Click to expand...

Thanks for pointing this out. I corrected the post. I think we can use it to prove the pattern of deviberate lie by the USCIS officials.
 
I think it doesn't hurt

Not legally speaking but using common sense, if it was claimed by a director of a Govt. department, it shows you that it must be a goal they are trying to reach either because there was a Presidential mandate to do it or they thought it was good for the department or whatever.

In short, you can present it something like this:
"USCIS set a goal of reducing the backlog to six months by the end of year 2006 because they considered it to be acceptable time to process applications. My application still remains un-adjudicated after (insert no of months here) which is way beyond six month"

Just my two cents!
 
osunsaya v uscis

Look at Osunsaya v USCIS(case # 06-10625-RWZ)
2007 U.S. Dist. LEXIS 9474
Judge opined that Violation of Agency Regulations May Form the Basis for Mandamus Jurisdiction.

So, in most WOM cases, violation of USC 1153(e) (USCIS requested visa numbers for later priority dates) should actually should form basis for
mandamus jurisdiction.
 
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To me and many others, immigration is a promise constantly broken, sometimes with outright lies. If I had known it before, I would choose otherwise.

lazycis said:
Below are the words of Eduardo Aguirre, Jr., the USCIS DIRECTOR at the time when he testified before Congress in 2004
http://judiciary.house.gov/OversightTestimony.aspx?ID=196

Thankfully, we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President’s vision of “welcoming immigrants with open arms…not endless lines.”
Click to expand...
 
Hi mmlulin:

If it is a recent case, go ahead and file the lawsuit. But I would find a good lawyer knowledgeable about those cases. Good luck.

mmlulin said:
Zouy, I in Western PA disctrict. There's a welll known Duan v Zamberry case (I-485, marriage-based). I think it final proceeded to the court and the Judge wrote an opinion about it. There's also an 18-month wait Eb1b case, which got approved with the 60 day of filing.
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I talked to the AUSA first time. She has not read my WOM case yet, and would not tell me anything. Only says they do not have to answer until it is due in about 3 weeks. I feel they will routinely file MTD. It is going to be a long journey. So I just wait until they file response to the court?
 
gcca_2004 said:
I talked to the AUSA first time. She has not read my WOM case yet, and would not tell me anything. Only says they do not have to answer until it is due in about 3 weeks. I feel they will routinely file MTD. It is going to be a long journey. So I just wait until they file response to the court?
Click to expand...

Yes, just wait. Search for favorable opinions in your district/circuit and prepare opposition to MTD. If you know a similar case in your district, you can get a good idea regarding the next step by loking at case history/documents in pacer.
 
Cases in 1st district

Hi lazycis and others,
I would like to have favorable or even unfavorable WOM (I485) cases in the 1st circuit complete with all the docs available from PACER if anyone has them.

Lazycis, I know you filed in 1st circuit. Would you mind sharing the case files that you might have downloaded from PACER with complaint, exhibits etc?

Thanks in advance,
Jeff
 
Time's up. Defendants haven't responded. What to do?

I filed WOM on 11/21/07 and Sermons were served to all on 11/26/07 (delievery date). I haven't heard from any of the defendants (FBI, CIS, or Homeland Security). 1/26/08 will be the last day they have to respond, right? What should I do if they haven't by then? Thanks.
 
contact AUSA

Did you send a copy to AUSA.
Contact the AUSA for your district and he should let you know what they intend to do. Most likely they will file an extension of time to respond.
You can't get the GC/citizenship only bcos the govt. did not respond to your wom :)
hyyz said:
I filed WOM on 11/21/07 and Sermons were served to all on 11/26/07 (delievery date). I haven't heard from any of the defendants (FBI, CIS, or Homeland Security). 1/26/08 will be the last day they have to respond, right? What should I do if they haven't by then? Thanks.
Click to expand...
 
Yes, I sent copies to AUSA. However, I didn't list them as defendants.

If them don't respond, shall I contact the court/judge to compel them to take action?
 
order useful for visa number argument

All though the court rule in favor of the defendant, there some points can be used in our argument.

Paunescu, Kobzev and Przhebelskaya demonstrate the best
means for diversity visa applicants to force the Government to
adjudicate their applications before the fiscal year is out.
 
Judgement Day ???

I don't see the filing yet but date of last filing is 1/22/2008 in my case. I hope the court records the order today.

Wom_RI I just read your PMs. I am in India right now that's why the delay. I'll reply to you soon.
 
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