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

Hi to all thanks for all of your help. My husband got his citizenship and i am in us now. We applied for 1-484 and i-765. I did my fingerprint in june 11 ( in the letter for fingerprint, they put both of my case no.) today i got an email that fbi can not read my fingerprint and i have to do it again in july 10, but in the new letter they just put i-485 no. There is no application no. For i-765.
What does it mean? Should i do something?
Thanks alot
 
Thinking of filing WOM for EAD delay

I filed my I485, EAD and AP applications electronically on 02/25/2009.
Even after 120 days my EAD application is still pending. Calling customer
service, infoPass, ombudsman, congressman inquiry - nothing has
worked so far.

I'm currently on H1 which is expiring on 07/17. Would love to
have the EAD before that and avoid the mess of applying for H1
extensions which are being denied left and right by USCIS.

This thread has given me lots of hope now. The dedication of some of
the members here is amazing. I hope I will be of similar help to someone
in the future once this nightmare is over.

I had a question about filing the Writ of Mandamus (WoM). All my
applications were filed through a lawyer who works with my company.

If I file a WOM myself and for some reason the AUSA and USCIS decide
to fight it in court instead of instantly approving my application and
giving me a lifetime supply of starbucks coffee as a sign of being sorry,
can I then ask my high-priced lawyer to represent me?

I live in a Chicago suburb, so I guess the famous US attorney Pat
Fitzgerald will be handling the case. Is he sensible when it comes to
USCIS WoM cases?

Thanks in advance for any advice or help in this matter.
 
masalaboi said:
I filed my I485, EAD and AP applications electronically on 02/25/2009.
Even after 120 days my EAD application is still pending. Calling customer
service, infoPass, ombudsman, congressman inquiry - nothing has
worked so far.

I'm currently on H1 which is expiring on 07/17. Would love to
have the EAD before that and avoid the mess of applying for H1
extensions which are being denied left and right by USCIS.

.
Click to expand...

Have you tried the Interim EAD? 90 days after getting the receipt, you can get the Interim EAD at your local USCIS office. It's basically a temporary one for you to use while you are waiting for the official EAD. I did that before. Very easy.
http://www.murthy.com/news/n_intead.html
 
masalaboi said:
I filed my I485, EAD and AP applications electronically on 02/25/2009.
Even after 120 days my EAD application is still pending. Calling customer
service, infoPass, ombudsman, congressman inquiry - nothing has
worked so far.

I'm currently on H1 which is expiring on 07/17. Would love to
have the EAD before that and avoid the mess of applying for H1
extensions which are being denied left and right by USCIS.

This thread has given me lots of hope now. The dedication of some of
the members here is amazing. I hope I will be of similar help to someone
in the future once this nightmare is over.

I had a question about filing the Writ of Mandamus (WoM). All my
applications were filed through a lawyer who works with my company.

If I file a WOM myself and for some reason the AUSA and USCIS decide
to fight it in court instead of instantly approving my application and
giving me a lifetime supply of starbucks coffee as a sign of being sorry,
can I then ask my high-priced lawyer to represent me?

I live in a Chicago suburb, so I guess the famous US attorney Pat
Fitzgerald will be handling the case. Is he sensible when it comes to
USCIS WoM cases?

Thanks in advance for any advice or help in this matter.
Click to expand...

Check this thread for the information:
http://forums.immigration.com/showthread.php?t=287761
 
How to Proceed: Need your advice

lazycis said:
I am here, I just have been busy the last couple months. I do check the forum periodically.
Click to expand...

Quick Background: Filed Wom beginging of June 09 for N-400(no interview).

Last week USCIS called and asked me to come for the interview, which I did. Passed the test but Officer said that he can not make the decision right now as he has to review my application. When I asked if I will hear back from them directly before 60 days or from court he said you will definitely hear back from us before the 60 day deadline.Not sure how much of that is true.

Very Next day I get a call from AUSA and he basically wanted to see that now I had an interview if I ws ready to dismiss the case. Later he proceeded to say that rather than working on submitting papers to court and all how about we ask for an JOINTtime extension so that USCIS can work on the case and don't have to spend time working on arguments to file in court to dismiss the case.
At the end he said his choices are either file MTD, or unilateral extension of time or go the discovery route if not joint time extension. I was told to think about it and that he will call me back in a week or so. He will be away last two weeks of July.
My Questions:
1. How should I proceed with AUSA now.
2. Extension of time should be how many days.

Thanks to all the active dedicated members of the forum for all the help you guys have provided to people like me.I could not imagine even in my wild dream to file WOM Prose if it was not because of people like you guys.
Thanks :)
 
I had somewhat similar question and here's some background if you are in a mood to read:
http://forums.immigration.com/showpost.php?p=1933750&postcount=15673

1. Looks like the AUSA is being cooperative here and USCIS has moved (interviewed you) on your case although hasn't made the final decision which is what you are after. Agree to AUSA's filing of joint motion for extension of time.
2. Usually 30 days is good. Propose a 30 day extension and ask AUSA to send you a draft of the join motion before you finally agree to it. It will give you time to review it and propose any last minute changes that you think are necessary. Remember that most AUSA file electronically so even on the last day of deadline, they can just press a button and have it filed. I think the first extension will be automatically granted by the court and you should agree to it.

It's the AUSA who is going to hold USCIS's feet to the fire not the interviewing officer. So if AUSA gives you assurance that 30 days will be sufficient for USCIS to make a decision, if he is really being cooperative he will try his best to make USCIS decide on your case within that time.

In my case, AUSA prepared the join extension of time for 30 days, sent me a PDF which I looked at and proposed minor changes (mainly documenting what had happened prior to that). In your case, if the AUSA's draft motion for extension of time includes a recap of the even leading upto it, you should certainly include when were you interviewed and that you were assured by the interviewing officer that the final decision will be made within 60 days or by certain date.

Good luck and you are close :)

Saral said:
Quick Background: Filed Wom beginging of June 09 for N-400(no interview).

Last week USCIS called and asked me to come for the interview, which I did. Passed the test but Officer said that he can not make the decision right now as he has to review my application. When I asked if I will hear back from them directly before 60 days or from court he said you will definitely hear back from us before the 60 day deadline.Not sure how much of that is true.

Very Next day I get a call from AUSA and he basically wanted to see that now I had an interview if I ws ready to dismiss the case. Later he proceeded to say that rather than working on submitting papers to court and all how about we ask for an JOINTtime extension so that USCIS can work on the case and don't have to spend time working on arguments to file in court to dismiss the case.
At the end he said his choices are either file MTD, or unilateral extension of time or go the discovery route if not joint time extension. I was told to think about it and that he will call me back in a week or so. He will be away last two weeks of July.
My Questions:
1. How should I proceed with AUSA now.
2. Extension of time should be how many days.

Thanks to all the active dedicated members of the forum for all the help you guys have provided to people like me.I could not imagine even in my wild dream to file WOM Prose if it was not because of people like you guys.
Thanks :)
Click to expand...
 
Saral,

Listen to jefkorn. Do not dismiss the case until you are a citizen!
Tell AUSA that you agree to sign a joint 30 day extension if USCIS provides a commitment to adjudicate the case before the extension runs out. Have it in writing in the joint motion. Report the good news here!
 
lazycis,
I couldn't have said it better myself, you just summed up the whole deal :) Do not dismiss the case until you are a citizen! Note to self: need to work on brevity!
lazycis said:
Saral,

Listen to jefkorn. Do not dismiss the case until you are a citizen!
Tell AUSA that you agree to sign a joint 30 day extension if USCIS provides a commitment to adjudicate the case before the extension runs out. Have it in writing in the joint motion. Report the good news here!
Click to expand...
 
Tackling USCIS and AUSA

Thanks Jefkron and Lazycis for quick replies.

If AUSA does not want to give any kind of assurance, just asks for the extension without any commitment or promise, should I still agree to the extension.

Also I think AUSA was more inclining towards 60 or 90 days extension. Should I emphasis that it should be 30 days.
I am sure if AUSA does not like 30 days he can go solo and file for 60 or 90 days.
Any inputs??

I will keep you guys posted and thanks a million;)
 
Saral,
You should not agree to the extension without any commitments from AUSA. It's true that AUSA can file for extension without your consent. Avoid unecessary confrontation, be nice to AUSA is possible, but at the same time be firm. You have no reason to agree to any extension. If AUSA wants a favor from you, ask for a favor in return. 60 day extension is OK as long as there is a commitment from USCIS to adjudicate N400. I would not agree to anything beyond 60 days.
 
What do yu think of this one/ jefcorn .others

What do yu think of this one/ jefcorn .others
so here is the story so far.filed wom early in the year..for I485.......
60 days passed and Ausa asked for extension........and then another which was given.........
then the dates retrogressed for EB3. Ausa then filed motion to dismiss.
Attorney then filed a motion against that. Ausa then offered to settle the case with agreement that USCIS will approve /deny the case within 60 days of the dates becoming current basically stating that USCIS will complete reqd checks and will adjudicate ( either way) within 60 days of the dates becoming current
Basically the judge who the case was going to had already thrown out a case like mine so attorney thought it was a good idea to settle at this point.
What are the chances USCIS will keep thier word on the agreement.
Inputs advice comments anything
 
Will keep you update

lazycis said:
Saral,
You should not agree to the extension without any commitments from AUSA. It's true that AUSA can file for extension without your consent. Avoid unecessary confrontation, be nice to AUSA is possible, but at the same time be firm. You have no reason to agree to any extension. If AUSA wants a favor from you, ask for a favor in return. 60 day extension is OK as long as there is a commitment from USCIS to adjudicate N400. I would not agree to anything beyond 60 days.
Click to expand...

Thanks, Lazycis. I will keep this in mind and will be in touch.
Have a good weekend guys....:)
 
WOMfiler said:
What do yu think of this one/ jefcorn .others
so here is the story so far.filed wom early in the year..for I485.......
60 days passed and Ausa asked for extension........and then another which was given.........
then the dates retrogressed for EB3. Ausa then filed motion to dismiss.
Attorney then filed a motion against that. Ausa then offered to settle the case with agreement that USCIS will approve /deny the case within 60 days of the dates becoming current basically stating that USCIS will complete reqd checks and will adjudicate ( either way) within 60 days of the dates becoming current
Basically the judge who the case was going to had already thrown out a case like mine so attorney thought it was a good idea to settle at this point.
What are the chances USCIS will keep thier word on the agreement.
Inputs advice comments anything
Click to expand...

I think your attorney did the right thing.
 
Hi, lazycis. Good to see that you are back to the forum. Hope all is going well with you.

Have you seen my recent messages/emails and do you have any advice/suggestions? I am still communicating with the appeal court on how to close the appeal for the vacated order. The progress has been slow. But I haven't started the appeal for the new order yet - I am not sure about the chance to appeal the decision based on the visa unavailability. Or should I wait until PD is current to file another complaint. Your advice is very much appreciated.
 
I am a green card holder and want to apply for Citizenship. I know that I must have lived 5 years in the US. Do those years include the years that I lived before I got my GC (when I was an F1)??

I lived 2 years in the US as F1. Does this mean that I need to live only 3 years as a GC holder to apply for Citizenship??
 
rabie80 said:
I am a green card holder and want to apply for Citizenship. I know that I must have lived 5 years in the US. Do those years include the years that I lived before I got my GC (when I was an F1)??

I lived 2 years in the US as F1. Does this mean that I need to live only 3 years as a GC holder to apply for Citizenship??
Click to expand...

You must live in the U.S. as a Lawful Permanent Resident (GC holder) for 5 years. You'll be eligible to apply once you've had your green card for 5 years minus 90 days.
 
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