Good luck and may you see the speedy resolution of your case.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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I think OhReally and Saral were in your district and your district is WOM friendly. The famous case that ended the NC requirement for AOS (if pending beyond 180 days) also came out of your district. You can search the forum and see if you can find some sample complaints. Some helpful cases:
http://forums.immigration.com/showpost.php?p=1923453&postcount=15486
http://forums.immigration.com/showpost.php?p=1923453&postcount=15486
greenlife1
Registered Users (C)
I am going to write these people as defandants (I know names and addresses):
Secretary of the Department of Homeland Security
U. S. Department of Homeland Security
Michael Aytes, acting Deputy Director
U. S. Citizenship and Immigration Services
DAVID ROARK,
As Acting Director of the
Texas Service Center
Robert S. Mueller, III,
Director of the Federal Bureau of Investigation
And in addition to these, I need the names and address of the people below:
1. The Director of the Vermont Service Center (my file was filed there at the beginnig.)
2. The Director of the Washington DC District Office (my file was stuck there for three years)
3. The Director of the Philadelphia Local Office. (It is my local office)
Thank you so much.
Secretary of the Department of Homeland Security
U. S. Department of Homeland Security
Michael Aytes, acting Deputy Director
U. S. Citizenship and Immigration Services
DAVID ROARK,
As Acting Director of the
Texas Service Center
Robert S. Mueller, III,
Director of the Federal Bureau of Investigation
And in addition to these, I need the names and address of the people below:
1. The Director of the Vermont Service Center (my file was filed there at the beginnig.)
2. The Director of the Washington DC District Office (my file was stuck there for three years)
3. The Director of the Philadelphia Local Office. (It is my local office)
Thank you so much.
Director for VSC
Hi Greenlife1
Here is the info you requested:
For Vermont Service Center
Paul Novak
Director of USCIS
US Citizenship and Immigration Services
75 Lower Welden St
Saint Albans, Vermont 05479
I did not have Philly Local DO as a defendant but I think her name is Evengelica A Klapakis
You should also have these two as your defendants
Janet Napolitano Secretary of Homeland Security
Office of the General Counsel
US Dept of Homeland Security
Washington DC 20528
Eric Holder Attorney General of the United States
US DEpt of Justice
950 Pennsylvania Avenue, NW
Washington DC 20530-0001
Why do you have Texas Director as your defendant?
I am not sure if you need him. May be double check with experts on the forum.
Hi Greenlife1
Here is the info you requested:
For Vermont Service Center
Paul Novak
Director of USCIS
US Citizenship and Immigration Services
75 Lower Welden St
Saint Albans, Vermont 05479
I did not have Philly Local DO as a defendant but I think her name is Evengelica A Klapakis
You should also have these two as your defendants
Janet Napolitano Secretary of Homeland Security
Office of the General Counsel
US Dept of Homeland Security
Washington DC 20528
Eric Holder Attorney General of the United States
US DEpt of Justice
950 Pennsylvania Avenue, NW
Washington DC 20530-0001
Why do you have Texas Director as your defendant?
I am not sure if you need him. May be double check with experts on the forum.
greenlife1
Registered Users (C)
Saral: Thank you so much.
1. After Vermont, my case was transferred to Texas and stayed there almost six months. I also filed EAD at Texas. I think that Texas should be included as a defendant. If it is not good, please advise me.
2. When I searched in Internet, I saw that Daniel Renaud is new Director of the Vermont Service Center. Is it right? Do you know about that?
3. I asked Civil Case Pro Se package from Eastern District Of PA Courthouse and I got it. In the package, there are a) Motion to proceed forma pouperis b) statement in support of request to proceed in forma pouperis c) Designation Form d) Case management track designation form.
Do you know which forms I must submit?
4. I want to add my wife as a Plaintiff. At the top of the complaint, should I write my wife's name as "co-plaintiff"? Does adding wife make any change in the process?
Your advices will be appreciated.
1. After Vermont, my case was transferred to Texas and stayed there almost six months. I also filed EAD at Texas. I think that Texas should be included as a defendant. If it is not good, please advise me.
2. When I searched in Internet, I saw that Daniel Renaud is new Director of the Vermont Service Center. Is it right? Do you know about that?
3. I asked Civil Case Pro Se package from Eastern District Of PA Courthouse and I got it. In the package, there are a) Motion to proceed forma pouperis b) statement in support of request to proceed in forma pouperis c) Designation Form d) Case management track designation form.
Do you know which forms I must submit?
4. I want to add my wife as a Plaintiff. At the top of the complaint, should I write my wife's name as "co-plaintiff"? Does adding wife make any change in the process?
Your advices will be appreciated.
so we have met with an Attorney today.
What i got out of it is : they denied our case cause i left without the advanced parole doc. (filed it though, got no doc that says when it was approved)
so they say i abandoned the case and was here more than 180 but less than a year illegal.
Now, big question.
Attorney wants to file a whole new case. But i am thinking cause i was here illegal even a new case would be denied.
Am i thinking right here?
Just wondering cause i don't wanna spend money on something that to begin with was impossible.
What i got out of it is : they denied our case cause i left without the advanced parole doc. (filed it though, got no doc that says when it was approved)
so they say i abandoned the case and was here more than 180 but less than a year illegal.
Now, big question.
Attorney wants to file a whole new case. But i am thinking cause i was here illegal even a new case would be denied.
Am i thinking right here?
Just wondering cause i don't wanna spend money on something that to begin with was impossible.
greenlife1
Registered Users (C)
Lulani,
I am sorry for your case. I hope you are going to solve it. I am writing this message to say that "I hear you and participate your sadness." If I know more, I would like to write more.
I am sorry for your case. I hope you are going to solve it. I am writing this message to say that "I hear you and participate your sadness." If I know more, I would like to write more.
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OK, this make sense, although you said that you had a travel document (which is advance parole) when you went to Europe in August of 2008. How did they let you back into the country without an advance parole? Can you clarify?
Refiling a new case (obtainig a waiver) should actually help. Get a good attorney, make sure s/he has experience in similar cases. Your case is rather common and should be resolved in your favor.
Hi, lazycis. Could you please take a look at my email? Last week the appeal court told me I cannot address what is in the new court order (the visa number issues) in the original appeal and I will need to file a second appeal for the new court order if I want to appeal it (deadline to file the second notice of appeal is next week). Do you think I should file a motion to dismiss the first one and file another one? Thanks!!
I will keep this thread posted on my progress. I would like to thank you for your continued contributions to this thread.
Responses on WOM
jefkorn/lazycis/ ALL,
You know, I was field WOM on DELAY of AOS adjudication in April when visas available till 30 April 2009(Current most part of the Fiscal year ) .
In June Defendants filed motion to dismiss because of non-availability of visas.
I responded again with same points in WOM that defendants did not approved AOS when visas available months and months in every fiscal year.
Court denied defendants Motion.
Now, Court asked to present in person both Plaintiff and defendants for status.
what I have to do now?
Please advice me is there any use to fight when Visas not available for Applications?.
jefkorn/lazycis/ ALL,
You know, I was field WOM on DELAY of AOS adjudication in April when visas available till 30 April 2009(Current most part of the Fiscal year ) .
In June Defendants filed motion to dismiss because of non-availability of visas.
I responded again with same points in WOM that defendants did not approved AOS when visas available months and months in every fiscal year.
Court denied defendants Motion.
Now, Court asked to present in person both Plaintiff and defendants for status.
what I have to do now?
Please advice me is there any use to fight when Visas not available for Applications?.
I got back to America with the Advanced Parole document - i waited in Switzerland for it to be sent to me.
Anyhow - i talked to my Ombudsman yesterday and she said that was not the issue. I should have not traveled at all because my 3 Month Tourist Visa was over in August.
So even though i filed an I-485, i was actually legally illegal which changed to illegal as soon i left america.
So she told me to file a motion I-601 - i can not afford a Llawyer and hope with this form they will change they're mind about our Case.
Any advice for filing that Form?
Greenlife:
See Below
QUOTE=greenlife1;2074647]Saral: Thank you so much.
1. After Vermont, my case was transferred to Texas and stayed there almost six months. I also filed EAD at Texas. I think that Texas should be included as a defendant. If it is not good, please advise me.
2. When I searched in Internet, I saw that Daniel Renaud is new Director of the Vermont Service Center. Is it right? Do you know about that?
ANSWER: Check USCIS website. Whoever is current Director is who you should include as a defendant.
3. I asked Civil Case Pro Se package from Eastern District Of PA Courthouse and I got it. In the package, there are a) Motion to proceed forma pouperis b) statement in support of request to proceed in forma pouperis c) Designation Form d) Case management track designation form.
Do you know which forms I must submit?
ANSWER: Form C and D are needed. FORM A and B are for people who have ecnomic hardship to pay $ 350 fee.
4. I want to add my wife as a Plaintiff. At the top of the complaint, should I write my wife's name as "co-plaintiff"? Does adding wife make any change in the process?
In the past posts I have seen people being advised to include the spouse in the initial filing.
Your advices will be appreciated.[/QUOTE]
See Below
QUOTE=greenlife1;2074647]Saral: Thank you so much.
1. After Vermont, my case was transferred to Texas and stayed there almost six months. I also filed EAD at Texas. I think that Texas should be included as a defendant. If it is not good, please advise me.
2. When I searched in Internet, I saw that Daniel Renaud is new Director of the Vermont Service Center. Is it right? Do you know about that?
ANSWER: Check USCIS website. Whoever is current Director is who you should include as a defendant.
3. I asked Civil Case Pro Se package from Eastern District Of PA Courthouse and I got it. In the package, there are a) Motion to proceed forma pouperis b) statement in support of request to proceed in forma pouperis c) Designation Form d) Case management track designation form.
Do you know which forms I must submit?
ANSWER: Form C and D are needed. FORM A and B are for people who have ecnomic hardship to pay $ 350 fee.
4. I want to add my wife as a Plaintiff. At the top of the complaint, should I write my wife's name as "co-plaintiff"? Does adding wife make any change in the process?
In the past posts I have seen people being advised to include the spouse in the initial filing.
Your advices will be appreciated.[/QUOTE]
Need experts advices/opinions
Hello Everyone,
I am new here but I've been reading this thread off and on for quite some time now. I have been thinking about filing WOM and am getting mixed reviews from my family. My wife wants me to go for it but my brother advices me to wait. What should I do? What would you do if it was you?
Here is a little about me:
I got married to a US citizen in 05 and went for my interview in May of 06 without a lawyer as I thought it'd a waste of money.
As far as we were concerned the interview went well even though they seperated us at the interview. The officer seemed satisfied and said that we would hear from them shortly after, which we did.
An RFE was sent to my wife which we sent back with all the documents requested and that was the last time I heard from them.
From 07 to 09, I made several infopasses and called the 800 number plenty of time but I was always told that my case was under supervisor review and nothing else. The last time I called, begining of this year I believe I asked to talked to an IO and she actually told me that they doubted the validity of my marriage, and nothing about name check. This is how my case is so different from many others in this forum.
I thought about all possible scenario as to how they came up with that but the only thing that comes up to mind is maybe the age difference between us. My wife is 10 years older than me, but it shouldn't really matter as I look 10 years older than her.
In may of this year I contacted my congressman, senators, ombudsman and white house. I only received a response back from the congressam so far sayin that my case is under review and that i needed to wait. Wait til when? I've been waitin since 05 and am tired of waitin.
The company that I work for do lots of contract work with the military and I was pulled out of many project because I wasn't a legal permanent resident. I have letters from my employer to prove that.
I am kinda waitin for the senators and ombudsman responses, as am very pessimistic, b4 I file WOM.
Would you really file WOM if you were told that the validity of your marriage is in question? Would you wait or would you try and contact other agencies for help?
Hope I wasn't too long but I just wanted to detail it enough for everyone to see where I was coming from.
Thanks you in advance for you time and sincere advices.
Soul01
Hello Everyone,
I am new here but I've been reading this thread off and on for quite some time now. I have been thinking about filing WOM and am getting mixed reviews from my family. My wife wants me to go for it but my brother advices me to wait. What should I do? What would you do if it was you?
Here is a little about me:
I got married to a US citizen in 05 and went for my interview in May of 06 without a lawyer as I thought it'd a waste of money.
As far as we were concerned the interview went well even though they seperated us at the interview. The officer seemed satisfied and said that we would hear from them shortly after, which we did.
An RFE was sent to my wife which we sent back with all the documents requested and that was the last time I heard from them.
From 07 to 09, I made several infopasses and called the 800 number plenty of time but I was always told that my case was under supervisor review and nothing else. The last time I called, begining of this year I believe I asked to talked to an IO and she actually told me that they doubted the validity of my marriage, and nothing about name check. This is how my case is so different from many others in this forum.
I thought about all possible scenario as to how they came up with that but the only thing that comes up to mind is maybe the age difference between us. My wife is 10 years older than me, but it shouldn't really matter as I look 10 years older than her.
In may of this year I contacted my congressman, senators, ombudsman and white house. I only received a response back from the congressam so far sayin that my case is under review and that i needed to wait. Wait til when? I've been waitin since 05 and am tired of waitin.
The company that I work for do lots of contract work with the military and I was pulled out of many project because I wasn't a legal permanent resident. I have letters from my employer to prove that.
I am kinda waitin for the senators and ombudsman responses, as am very pessimistic, b4 I file WOM.
Would you really file WOM if you were told that the validity of your marriage is in question? Would you wait or would you try and contact other agencies for help?
Hope I wasn't too long but I just wanted to detail it enough for everyone to see where I was coming from.
Thanks you in advance for you time and sincere advices.
Soul01
The problem is that you left without a parole document. What was the date on I-94 form when you entered the US on visitor's visa? If you left within 6 months of that date, overstay should not matter.
greenlife1
Registered Users (C)
Saral thank you so much.
----
Saral and others;
Could you help about cover sheet? Which options should I check and write at part 6 (cause of action) and 7 (requested in complaint)?
My case is about I-485 delay (employment-based)
I did not understand some questions in the DESIGNATION FORM. Does clerk help to decide which option I should chose? Two days ago I went to court but clerk said that I complete the forms, she cannot say about it.
Thank you.
----
Saral and others;
Could you help about cover sheet? Which options should I check and write at part 6 (cause of action) and 7 (requested in complaint)?
My case is about I-485 delay (employment-based)
I did not understand some questions in the DESIGNATION FORM. Does clerk help to decide which option I should chose? Two days ago I went to court but clerk said that I complete the forms, she cannot say about it.
Thank you.
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Thank you Lazycis
I do have another question b4 I proceed with this WOM. I came in this country as a student, F1 visa. I did work out of campus without authorization for over 180 days to help pay my livin expenses. Could the USCIS use this to deny my case if I was to proceed with the WOM?
I do have another question b4 I proceed with this WOM. I came in this country as a student, F1 visa. I did work out of campus without authorization for over 180 days to help pay my livin expenses. Could the USCIS use this to deny my case if I was to proceed with the WOM?
Cause of action: 28 USC §§ 1331, 1361, 5 USC §§555, 701 et seq., 8 U.S.C. § 1101 et seq
Leave section 7 alone.
Clerk cannot give legal advices, so feel free to ask here, but be specific
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