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

[wenlock]

Thanks

Guys I just wanted to thank all the great helpful people at this forum. Little background about me. I filled my law suit about my citizenship due to pending name check last in Nov 2006 and after extensions, answers and sumons to FBI and USCIS I was finally about to get my law suit settled and naturalized citizen. You can find all my case info back in the forum.

My case was little unique because I filled law suit based on mandamus instead of 1447(b) because my interview was never scheduled. Any way I just had my AOS interview for my spouse (which was the main reason for applying citizenship) yesterday. It was piece of cake and every thing went well spouse got green card.

I can't say enough how thankful I am to this forum and helpful people here. I have tried to help as much people as I can too.

But hang in tight. I know for those who are in the process of fighting law suit it is very tough time going through the whole process specially of you who are Pro se litigant. You go through moments of high and low and anxiety runs high. God bless you all and trust me you all can do it too because many others have done it and they were successful.

Just stay focused and best approach is that take baby steps. Look for your next step prepare well and never stop learning. More resources you explore more educated and learned about process you get.

I am not upto speed about lawsuit because I am out of forum since last six months I am sure other great helpful people can shed light on how things are going in different districts. But I am here just to thank and encourage those who are still thinking about it that go fight for your rights. Most difficult step is your first step filling law suit once you are in it I am sure you will find your way out.

Good Luck.

 

[OK-Boy]

Congratulations on your success; may I ask the dates of your case chronologically as I'm pretty much in the same boat and planning to file it pretty soon. Thanks,

Guys I just wanted to thank all the great helpful people at this forum. Little background about me. I filled my law suit about my citizenship due to pending name check last in Nov 2006 and after extensions, answers and sumons to FBI and USCIS I was finally about to get my law suit settled and naturalized citizen. You can find all my case info back in the forum.

My case was little unique because I filled law suit based on mandamus instead of 1447(b) because my interview was never scheduled. Any way I just had my AOS interview for my spouse (which was the main reason for applying citizenship) yesterday. It was piece of cake and every thing went well spouse got green card.

I can't say enough how thankful I am to this forum and helpful people here. I have tried to help as much people as I can too.

But hang in tight. I know for those who are in the process of fighting law suit it is very tough time going through the whole process specially of you who are Pro se litigant. You go through moments of high and low and anxiety runs high. God bless you all and trust me you all can do it too because many others have done it and they were successful.

Just stay focused and best approach is that take baby steps. Look for your next step prepare well and never stop learning. More resources you explore more educated and learned about process you get.

I am not upto speed about lawsuit because I am out of forum since last six months I am sure other great helpful people can shed light on how things are going in different districts. But I am here just to thank and encourage those who are still thinking about it that go fight for your rights. Most difficult step is your first step filling law suit once you are in it I am sure you will find your way out.

Good Luck.

 

[rp1234]

lazycis, wom_ri and others:
Finally, I draft something to argue about the visa number issue. But I really do not have any faith in my arguments, especially in the later part. I am not sure about the rules, but monday may be the last day for me to file my response. I upload the document here, please advise and feel free to edit (please use the edit mood,tools-trackchanges).
Is it possible to add DOS as defendant at this stage? The court has granted my MSJ.

Thank you so much, without this board, I would never ever reach this step.

Did you talk to the AUSA about it? What does he/she say? You can file a joint motion to stipulate that USCIS etc will adjudicate as soon as a visa number is available and keep the court informed. If the AUSA is not working with you, you can ask for injunctive relief from the court to delay any action till the visa number is available for you(An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts.). I think estoppel and affirmative misconduct are good arguments but not sure if they judge will see it in a favorable light.

 

[veryfree]

request a visa number

Did you talk to the AUSA about it? What does he/she say? You can file a joint motion to stipulate that USCIS etc will adjudicate as soon as a visa number is available and keep the court informed. If the AUSA is not working with you, you can ask for injunctive relief from the court to delay any action till the visa number is available for you(An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts.). I think estoppel and affirmative misconduct are good arguments but not sure if they judge will see it in a favorable light.

In its response to the court order, USCIS promised my application would be adjudicated as soon as a visa number becomes available. However my application was affected by the retrogression, that make my priority date not current. USCIS refused to request a visa number for me unless my priority date become current. Some immigration lawyers leaked the information from high level USCIS officials that the priority date won't move at all in the next 6 month. God know when my priority date will became current again. So my motion intents to push USCIS to request a number right now. I don't know if it will work, but it won't hurt trying.

 

[veryfree]

I vaguely remember having seen in some declarations that only 1% of the name checks last longer than 6 months; Meaning that 99% of the name checks are done within 6 months. Can any one provide me with the reference?
Thanks,

It used to be in FBI name check FAQ page. But they updated the webpage and removed the numbers.

 

[CAUSA]

You can use this link
http://www.familybasedimmigration.com/forum/pdf/cannon_declaration2.pdf

 

[Feb2005]

Christina Poulos, Director
USCIS California Service Center
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

Andrea J. Quarantillo, Director
USCIS New York City District
Jacob Javits Federal Building
26 Federal Plaza, Room 1104
New York, NY 10278

Thank you very much for this information!!!

I just came from the court's pro se office , got the package...I want to send letters to both that I will be filling complaint within 30 days (cause in the meantime-I'll get more chance to study this process!!!). And really praying the letters would be sufficient.... and no need to move forward with this case!aarrrrrrggg

 

[veryfree]

Hi, veryfree
I might have a same situation to you since my case has no movement after AUSA file motion of extension time. I still don't understand about availibity of visa #. Is it not available nation-wide? or just some district??? I live in Minnesota, could you please explain me about the visa # ! The due date for answer for AUSA is Feb. 24th for my case. I-485 stuck in name check for 2 years.

Thank you for time.

The visa number issue mostly affects plaintiffs those were born in Mainland China or India. When they filed their lawsuit, the priority dates were still current. If they did not get relief before December 2007 when the retrogression occured, they would suffer from the visa number issues. Their priority dates would be not current, and the defendants would filed motion to dismiss because there were no visa number available to the plaintiffs.

My case is a little bit different. My case was started on 12/11/06, and my MSJ was in july 2007. It took the judge 5 months to rule on my case. In december 2007, the judge ordered the government adjudicate my petition before 1/15/08. But the government refused to do so because of no visa number available.

 

[Feb2005]

veryfree, what is this visa # retrogression thing? Sorry, I don't understand what it means. I am from South Asia but not India. I am wodering if I'll have this visa # problem.

As far as know, once my priority date was current in 2004 (my hubby was gc holder when he fillied I-130 for me in 2000) and that's how we filled for 485.

He became citizen last Nov, 07, will I have visa # availibility problem?

Thanks!

 

[lazycis]

veryfree, what is this visa # retrogression thing? Sorry, I don't understand what it means. I am from South Asia but not India. I am wodering if I'll have this visa # problem.

As far as know, once my priority date was current in 2004 (my hubby was gc holder when he fillied I-130 for me in 2000) and that's how we filled for 485.

He became citizen last Nov, 07, will I have visa # availibility problem?

Thanks!

There is no problem with visa availability for spouses of US citizens. You are not affected by that issue.

 

[veryfree]

veryfree, what is this visa # retrogression thing? Sorry, I don't understand what it means. I am from South Asia but not India. I am wodering if I'll have this visa # problem.

As far as know, once my priority date was current in 2004 (my hubby was gc holder when he fillied I-130 for me in 2000) and that's how we filled for 485.

He became citizen last Nov, 07, will I have visa # availibility problem?

Thanks!

You can check the visa bulletin whether you priority date is current.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

 

[lazycis]

I vaguely remember having seen in some declarations that only 1% of the name checks last longer than 6 months; Meaning that 99% of the name checks are done within 6 months. Can any one provide me with the reference?
Thanks,

Here it is, my friend, from Congressional testimony of Mr. Garrity

 

[futureuscitizen]

update about my lawsuit:
AUSA told me that

• USCIS requested FBI to expedite my namecheck
  
• I will be having a follow up interview to update my files because they didn't have any information about me for the last 2 years.
  
• Second fingerprint appointment letter is on its way

 

[lotechguy]

Guys I just wanted to thank all the great helpful people at this forum. Little background about me. I filled my law suit about my citizenship due to pending name check last in Nov 2006 and after extensions, answers and sumons to FBI and USCIS I was finally about to get my law suit settled and naturalized citizen. You can find all my case info back in the forum.

My case was little unique because I filled law suit based on mandamus instead of 1447(b) because my interview was never scheduled. Any way I just had my AOS interview for my spouse (which was the main reason for applying citizenship) yesterday. It was piece of cake and every thing went well spouse got green card.

I can't say enough how thankful I am to this forum and helpful people here. I have tried to help as much people as I can too.

But hang in tight. I know for those who are in the process of fighting law suit it is very tough time going through the whole process specially of you who are Pro se litigant. You go through moments of high and low and anxiety runs high. God bless you all and trust me you all can do it too because many others have done it and they were successful.

Just stay focused and best approach is that take baby steps. Look for your next step prepare well and never stop learning. More resources you explore more educated and learned about process you get.

I am not upto speed about lawsuit because I am out of forum since last six months I am sure other great helpful people can shed light on how things are going in different districts. But I am here just to thank and encourage those who are still thinking about it that go fight for your rights. Most difficult step is your first step filling law suit once you are in it I am sure you will find your way out.

Good Luck.

Wenlock, Good to hear from you. In 2006 and 2007 it was Paz and you ruling this forum and now its lazycis! Thankfully for the forum members, voids have a way of getting filled. Congragulations on your spouse's GC.

 

[suethem]

veryfree
Thank you so much for your explaination.
Good luck.

 

[Pengdi]

How to proceed after name check is cleared

Lazycis and other members,

My pre-trial conference ofI-485 WOM case has been scheduled on next Wednesday. My attorney told me that the US attorney has contacted USCIS and is waiting for answer from USCIS to see if something can be done to expedite my I-485 application delayed due to name check. I did InfoPass yesterday and found out my name check was cleared on 12/10/07. My priority date has been current and there is no visa number issue. It seems the USCIS has not worked on my application for one and half months since my security check was cleared while my lawsuit against the overdue processing is pending.

Can you advise what I should do to push my case? Should I work through my attorney- US attorney-USCIS channel or directly contact the USCIS Nebraska service center by calling their 800 toll free number? Any suggestions and recommendations will be greatly appreciated.

From PACER, I saw the US attorney filed a RULE 26(f) REPORT. Can you advise what this document is for and what the next step can be after the pre-trial conference?

Thanks,
Pengdi

 

[wenlock]

veryfree, what is this visa # retrogression thing? Sorry, I don't understand what it means. I am from South Asia but not India. I am wodering if I'll have this visa # problem.

As far as know, once my priority date was current in 2004 (my hubby was gc holder when he fillied I-130 for me in 2000) and that's how we filled for 485.

He became citizen last Nov, 07, will I have visa # availibility problem?

Thanks!

If you are family based immidiate relative beneficary of US citizen like spouse you have visa number available right away no waiting period for that. Based on your situation if i485 is applied based on petition from US citizen spouse you are fine no worries.

 

[wenlock]

Congratulations on your success; may I ask the dates of your case chronologically as I'm pretty much in the same boat and planning to file it pretty soon. Thanks,

Here arer my dates

N-400 PD June 24th 2005
WOM Nov 2006 Pro se
3 extensions + 1 answer + summons to USCIS and FBI for producing documents related to my case lead to name check clearance.
realy thanks to US attorney really nice individual
June 2007 Interview + Oath
July I130+I485+EAD+AP applied for spouse
Aug 2007 FP
Sep 2007 EAD and AP recieved
Jan 2008 AOS interview passport stamped

 

[lazycis]

I think Rule 26(f) is for "Alternative dispute resolution". How come you got 26(f) while you have a pre-trial next week? Did you have any ADR meeting with AUSA? Which district are you in or could you post the full text of the Rule 26(f) report (remove you personal info, of course)?

Could anybody familian with this rule chime in?

Rule 26(f) is a pre-trial conference which is designed to set a schedule for discovery, trial, MSJ, etc.

 

[lazycis]

lazycis, wom_ri and others:
Finally, I draft something to argue about the visa number issue. But I really do not have any faith in my arguments, especially in the later part. I am not sure about the rules, but monday may be the last day for me to file my response. I upload the document here, please advise and feel free to edit (please use the edit mood,tools-trackchanges).
Is it possible to add DOS as defendant at this stage? The court has granted my MSJ.

Thank you so much, without this board, I would never ever reach this step.

Here is my edition of the response. You have a very strong position and should get your GC very soon. I forgot to turn on "track changes" feature from the beginning so hopefully you can sort it out.