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

Motion of Expedited Hearing

Lazycis,

What is the main reason for the “Motion of Expedited Hearing” after filing the main complaint and NOT giving the Defendants enough time (within 15-20 days) while infact they should had taken atleast 60 days to respond. Do we need to let court know about a pressing issue that was the motive to file that MEH…Please explain.....

OK-Boy
 
lazycis said:
waitforsolong,
Is your AUSA Melanie Lea Proctor, by any chance?
...
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Yes, in fact it is! So this is known behavior from her? One thing I didn't mention is that her "Opposition..." filing was accompanied by another "Declaration of Melanie Proctor" filing; in this she mostly goes into (not entirely accurate) detail of her phone conversation with my husband, and then repeats the point about her not being available for a hearing, "due to a previously scheduled event ... , other court hearings on other cases, official training, and scheduled vacation."

Maybe she really needs that vacation. :p

lazycis said:
Did you attach affidavit from yourself stating that you've met requirements for naturalization along with the request for hearing?
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We didn't do that exactly. We did get a bunch of statements from friends/family attesting to my good moral character, but we attached them to the Amended Complaint, and left the motion very simple.

Can we attach the affidavit to our "Response to Opposition..." filing?

Thanks so much (again!) for your help! This is incredibly useful!
 
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Another member of this forum has fought a GC case with me against Ms. Proctor :) AUSA filed multiple requests for extensions. Finally the judge ordered USCIS to adjudicate I-485 in 60 days despite the fact that visa was not available :) AUSA filed a motion to stay arguing that they are going to appeal the decision. We filed an opposition to motion to stay and the judge dismissed the defendants' motion :D The member got GC near the end of 60-day period :)

I think you may need to rework your motion for hearing a bit and include those affidavits and emergency reasons. You can PM me info about your case and e-mail, I may be able to take a look at it over the weekend.

Ask your husband to call AUSA and inquire about her availability for hearing. It's a good idea to propose a date based on judge availability. Check judge's calendar on your court site.
 
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future plan on the WOM suit

Hey, lazy and others,

I called the chamber and left a message for the judge who preside over my case. I told the judge that I am hoping the court will enter a court order to compell the defendants to file a reply within 2 weeks. During the status hearing, the judge suggested the AUSA file an reply within 1 or 2 weeks and the AUSA said "fair enough". But after the hearing, the AUSA said that it will take longer than 2 weeks because the "there is no briefing schedule set by the court on this particular motion".
If Plan A doesn't work, I will go to plan B. Lazycis, do you think if I file an application for TRO, the defendants have to reply even if the judge eventually denys my motion? If I file a TRO and got denied, can I file it again when my priority date become current? Thanks a lot.
 
Larka-m said:
Lazycis - could you please send one or two more cases with positive outcomes?


Thank you...
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You can find plenty of them here:
http://www.immigrationportal.com/attachment.php?attachmentid=17477&d=1212590426

see also Al Daraji v. Monica, 2007 WL 2994608 (E.D.Pa. Oct 12, 2007); Shaat v. Klapakis, No. 06-5625, 2007 WL 2768859 (E.D.Pa. Sept. 21, 2007); Sharawneh v. Gonzales, No. 07-683, 2007 WL 2684250, at *3-4 (E.D. Pa. Sept. 10, 2007); Villico v. Monica, No. 07-2218, 2007 WL 2597344, at *1 (E.D. Pa. Sept. 4, 2007); Elhaouat v. Mueller, No. 07-632, 2007 WL 2332488, at *4 (E.D. Pa. Aug. 9, 2007); Ajmal v. Mueller, No. 07-206, 2007 WL 2071873, at *2 (E.D. Pa. July 17,2007); Kaplan v. Chertoff, 481 F. Supp. 2d 370, 399-400 (E.D. Pa. 2007); Damra v. Chertoff, No. 05-0929,2006 WL 1786246, at *3 (N.D. Ohio June 23, 2006) (noting that “t is well recognizedthat immigration officials have a duty to process naturalization applications within areasonable time frame” but holding that court lacked jurisdiction under 8 U.S.C.§ 1447(b), a provision not at issue in this case); Mortezapour v. Chertoff, 2007 WL 4287363 (N.D.Cal. Dec 05, 2007) (same); Wang v. Mukasey, No. 07-6266,. 2008 WL 1767042, at *3 (N.D. Cal. April 16, 2008); Dawoud v. Department of Homeland Security, 2007 WL 4547863 at *6, n. 3 (N.D.Tex. Dec. 26, 2007) (“the manner in which Defendant USCIS conducts the required investigation into an applicant’s moral character imposes a mandatory duty on Defendant FBI to conduct the background investigation”); Mocanu v Mueller, 2008 U.S. Dist. LEXIS 10122 at *32-33 (E.D. Pa, Feb 8, 2008): “Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS's name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization”
 
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Lazycis:

Just to let you know that I got my US citizenship today. I appreciate very much of your kind help during this process. To those of you who are still in the process of fighting your rights, please hang in there and eventually you'll get what you are entitled to.

The day before submitting your lawsuit, make sure that you go to the infopass one more time to check out the current status of your application. I am saying this because 11 days after I filed my lawsuit, my application is approved by USCIS. And this is before the summons' being served, so USCIS doesn't know about the lawsuit. The AUSA asked me to dismiss the lawsuit prior to the date of the approval by USCIS, otherwise the approval of my case by USCIS may be invalid because USCIS will lose its authority after the lawsuit is filed.

Of course, you'll never know what's going to happen beforehand.
 
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to lazycis

Lazycis,

I tried to send you my first draft of a new Motion for Expedited Hearing, but the system is giving me this message:

lazycis has exceeded their stored private messages quota and cannot accept further messages until they clear some space.​

Sorry to fill up your box with these long messages!

:)
 
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Just cleared some space. You should be able to send it now. I love to keep all my message, so I am having a really difficult time complying with 70 messages limit. :)
 
Ask for advice on WOM lawsuit

Dear All,

I am asking for any kind of advice on moving forward with my WOM (I485) lawsuit as the court is closing my case. It has been long since I pro se filed a lawsuit in the October of 2006. Recently the court asked defendants and me to represent evidence to support whether the court has jurisdication in light of no visa numbers available to EB2.

Looking back, I feel I should hire a lawyer to deal with the case. I did not know how I can reopen the case. Also, I am not sure if a lawyer is willing to take care of the case. Can someone suggest a lawyer in the NYC area? Thank you.

Below is the order. Suprisingly, below is the only paper order from the court.

ORDER granting Motion to Dismiss for Lack of Jurisdiction, absent objection. The Clerk is directed to close this case. The Petitioner may move to reopen within 30 days with a motion to reopen and a response to the Motion to Dismiss.
 
netrin

Hey, netrin,

I think you have a good chance to win this case if you file the lawsuit when the priority date was current for you. USCIS use FBI name check as an excuse to delay the AOS applications. But the FBI name check is not authorized by congress, not mentioned by any USCIS regulations, and cannot be used to delay the AOS applications. And now they use priority date is not current as an excuse. But according to 8 U.S.C 1255(a), the visa number should be assigned to AOS applications when it is filed, not when it is adjudicated. Don't give up and keep fighting!

netrin said:
Dear All,

I am asking for any kind of advice on moving forward with my WOM (I485) lawsuit as the court is closing my case. It has been long since I pro se filed a lawsuit in the October of 2006. Recently the court asked defendants and me to represent evidence to support whether the court has jurisdication in light of no visa numbers available to EB2.

Looking back, I feel I should hire a lawyer to deal with the case. I did not know how I can reopen the case. Also, I am not sure if a lawyer is willing to take care of the case. Can someone suggest a lawyer in the NYC area? Thank you.

Below is the order. Suprisingly, below is the only paper order from the court.

ORDER granting Motion to Dismiss for Lack of Jurisdiction, absent objection. The Clerk is directed to close this case. The Petitioner may move to reopen within 30 days with a motion to reopen and a response to the Motion to Dismiss.
Click to expand...
 
background check type

Hi Lazycis and other experts,

From what AUSA told me and the information I got from other places, my N400 is caught by some kind of background check. This is NOT FBI name check, nor fingerprint check. This background check seemed to start right after all my other USCIS process was done (including FBI name check) and before getting final approval from supervisor.

Anybody has idea what this background check might be?

Thanks,
 
waitforsolong said:
Hi Lazycis and other experts,

From what AUSA told me and the information I got from other places, my N400 is caught by some kind of background check. This is NOT FBI name check, nor fingerprint check. This background check seemed to start right after all my other USCIS process was done (including FBI name check) and before getting final approval from supervisor.

Anybody has idea what this background check might be?

Thanks,
Click to expand...

It's another USCIS fairytale. The only background check required by law and regulations is fingerprint check. They may tell you that the results of name check are usually sent from FBI to USCIS office in Washington. They may also re-run IBIS check, but these checks should be done within days if not hours that's why they tell tales instead of admitting that they are just lazy :)
 
I am not surprised. My AUSA has been somewhat friendly to me, most of the time. But still she lied to the court a couple of times about some fairly important issues. Don't fall for that trick, waitforsolong!
waitforsolong said:
Hi Lazycis and other experts,

From what AUSA told me and the information I got from other places, my N400 is caught by some kind of background check. This is NOT FBI name check, nor fingerprint check. This background check seemed to start right after all my other USCIS process was done (including FBI name check) and before getting final approval from supervisor.

Anybody has idea what this background check might be?

Thanks,
Click to expand...
 
After being stuck in NC for 2 yrs, I had my 2nd FP taken on 6-12-08. I called the 800 # today and I was told that I am in the queue to be scheduled for the interview by IO.

I asked her if my NC has cleared, she did not answer yes or no. All she said is I am in the queue to be scheduled for the interview. She does not know when or if my file was transferred to local office.

Do you know how long the wait in the queue for the interview is?
Does that mean that my NC cleared?


PD: 6-1-06
FP: 6-30-06
2nd FP: 6-12-08
No interview
Sent letters many officials

Thanks
 
The normal time is around 2-3 months after the second FP.

daghdaff said:
After being stuck in NC for 2 yrs, I had my 2nd FP taken on 6-12-08. I called the 800 # today and I was told that I am in the queue to be scheduled for the interview by IO.

I asked her if my NC has cleared, she did not answer yes or no. All she said is I am in the queue to be scheduled for the interview. She does not know when or if my file was transferred to local office.

Do you know how long the wait in the queue for the interview is?
Does that mean that my NC cleared?


PD: 6-1-06
FP: 6-30-06
2nd FP: 6-12-08
No interview
Sent letters many officials

Thanks
Click to expand...
 
Thanks for your kind response. The problem is that the court made a decision to close the case and order in favor of defendants' motion to dismiss. But surprisingly, the court did not issue a lengthy order like multiple pages order. Do you know how I can proceed to reopen the case? Thank you.

My priority date was current when I filed the lawsuit.


wommei said:
Hey, netrin,

I think you have a good chance to win this case if you file the lawsuit when the priority date was current for you. USCIS use FBI name check as an excuse to delay the AOS applications. But the FBI name check is not authorized by congress, not mentioned by any USCIS regulations, and cannot be used to delay the AOS applications. And now they use priority date is not current as an excuse. But according to 8 U.S.C 1255(a), the visa number should be assigned to AOS applications when it is filed, not when it is adjudicated. Don't give up and keep fighting!
Click to expand...
 
netrin, Did you file a response to MTD. From your post, looks like MTD went unopposed? Why did it take so long for the court to issue an order to close your case? If the court too busy? Unless Defendants asked for extensions, the WOM would have taken roughly less than 90-120 days from filing.

netrin said:
Dear All,

I am asking for any kind of advice on moving forward with my WOM (I485) lawsuit as the court is closing my case. It has been long since I pro se filed a lawsuit in the October of 2006. Recently the court asked defendants and me to represent evidence to support whether the court has jurisdication in light of no visa numbers available to EB2.

Looking back, I feel I should hire a lawyer to deal with the case. I did not know how I can reopen the case. Also, I am not sure if a lawyer is willing to take care of the case. Can someone suggest a lawyer in the NYC area? Thank you.

Below is the order. Suprisingly, below is the only paper order from the court.

ORDER granting Motion to Dismiss for Lack of Jurisdiction, absent objection. The Clerk is directed to close this case. The Petitioner may move to reopen within 30 days with a motion to reopen and a response to the Motion to Dismiss.
Click to expand...
 
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