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

lazycis-
A couple of years ago, those of us who got screwed in our GC process due to extreme delay in FBI name check discussed the possibility of fighting against USCIS when its time to apply for the citizenship. The basic idea was to apply sooner than you are actually eligible to apply for citizenship and request for credit of the lost time.

For example, if you spent 3 years in the name check black hole, then you would apply for citizenship approximately 2 years after you get you GC.

At that time you mentioned that you will think about it later because you were pretty exhausted in your fight for GC. Have you thought about it again? Do you think that we might have a chance?

Appreciate you thought on this.
 
greenlife1 said:
NIW-WOM: Did you get any recent news about your case after transfer? Is any attorney assigned to your wom?
Question for all who had experience: I served the summons on July 23 and I got certified mail received cards. I am going to submit them to the court next Monday. Do you have any opinion about when I can hear something about my case from court, or attorney, or hopefully USCIS. Thank you..
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Greenlife1,
No other update since then. I called the district attorney office and found out who (AUSA) had been assigned to my case. Then I went to PACER and found her email address and emailed her. I introduced myself and asked about our case progress. AUSA would be out till August 10th.

I will update you on our case progress. Please keep us updated on yours as well.

Good luck
 
Hello all,

My N-400 interview was conducted in January 2009; They couldn't make a decision because the A-file was missing.
I filed 1447(b) on June 17, 2009.

Last Friday, I received a call from CIS Officer to have a second interview on August 12, 2009, because they now have my original A-file.
I am also supposed to take 2nd Fingerprint on August 15, 2009.

I am thinking to do a walk-in fingerprint on August 5, but hesitant whether I should take the FP early.
Can anyone help me or give any opinion what should I do next?
Should I walk-in or should I wait until I finish the interview?



Thanks..
_________________________________
04/15/2008: N-400 Receipt Date
05/13/2008: FP
01/07/2009: N-400 Interview - no decision
06/17/2009: Filed lawsuit, 1447(b)
08/12/2009: 2nd Interview scheduled
08/15/2009: 2nd FP (??)
 
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Do the walk-in FPs. Since FPs are usually processed within 24-48 hours, the USCIS will have them by the time your 2nd interview rolls around and won't give you another excuse to delay the decision.

immiwait said:
Hello all,

My N-400 interview was conducted in January 2009; They couldn't make a decision because the A-file was missing.
I filed 1447(b) in Newark NJ office on June 17, 2009.

Last Friday, I received a call from CIS Officer to have a second interview on August 12, 2009, because they now have my original A-file.
I am also supposed to take 2nd Fingerprint on August 15, 2009.

I am thinking to do a walk-in fingerprint on August 5, but hesitant whether I should take the FP early.
Can anyone help me or give any opinion what should I do next?
Should I walk-in or should I wait until I finish the interview?

My 1st FP was done on May 13, 2008

Thanks..
_________________________________
D/O: NJ
04/15/2008: N-400 Receipt Date
05/13/2008: FP
01/07/2009: N-400 Interview - no decision
06/17/2009: Filed lawsuit, 1447(b)
08/12/2009: 2nd Interview scheduled
08/15/2009: 2nd FP (??)
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Dear Friends:
13 days after I filed WOM, today I received a phone call from USCIS local office. An officer said that "You should come for interview in few days..." I made an appointment for Thursday. So after two days, I am going to go to local office for interview. Do you have any advise? Do you think it is friendly call or it is problem because of WOM? Your comments are welcomed.
 
Update 60 day extension

Hi Lazycis and Jefkorn,

Here is the update on my WOM. AUSA called as first 60 days are coming to the end. He said that USCIS is working on the case and he believes that ,most probably case will be adjudicated in next 60 days. I am not sure how much of that I can really believe in.
Ausa said he has two choices right now:

Ask for Dismissal of the case as they have interviewrd me and have 120 days to make a decision. This will buy them few months of time. I am not sure if they will win with that argument.

OR file joint stipulation for sixty days.
I am thinking that 60 more days will not make much difference to me and will keep AUSA happy and hopefully more engaged in the case.
Any suggestions??

Hope you guys are having good summer:)
 
Greenlife,

This seems to be a norm. I had a similar thing happened to me. Officer called and set up for an interview within two weeks. This is definetly happening because of WOM and it is a next step towards you goal: getting you case adjudicated. Just make sure you have all the documents you need for your interview.


Do you remember the name of the officer who called?



greenlife1 said:
Dear Friends:
13 days after I filed WOM, today I received a phone call from USCIS local office. An officer said that "You should come for interview in few days..." I made an appointment for Thursday. So after two days, I am going to go to local office for interview. Do you have any advise? Do you think it is friendly call or it is problem because of WOM? Your comments are welcomed.
Click to expand...
 
Hi, lazycis. Hope you are enjoying the summer.

Just an update - I filed a motion to consolidate the 2 appeals yesterday - also asked the appeals to be processed at the briefing schedule of the later one. It turned out that my appeals were passed to another lawyer and I had to make a round of calls/emails to locate the one to talk to (this is the 3rd one to appeal on my case....is my case really such a tough one? :confused::mad: This lawyer changing thing does not give me a good feeling.) And this new guy is on vacation as well! I sent an email to him and his assistant attorney replied saying they do not object my motion. Then I included this into the motion and sent it out yesterday. I only sent a copy to the new lawyer as the previous one said any thing regarding the appeal should be directed to him now. I think this should be ok, right?

Now I will wait for the court of appeals to rule on the motion. Hope it won't take long. It takes about 1 month from filing the NOA to decision on the briefing schedule. I want to start preparing the brief now and file as soon as the briefing schedule is determined for the 2nd appeal (or the consolidated one, if approved), as I have already wasted enough time during all this lengthy lawsuit process.

In last email I sent you, I asked that you said about my case, "As soon as the court finds jurisdiction, it should assume all allegations in your complaint as true, including visa availability issue.", do you know where I can find relevant laws that I can use in the brief? Also, in an earlier discussion, you mentioned that the district court should not dismiss the case when there are disputed facts. Can you let me know what info I can find about this to make my arguments? I will do my research as well.

Thanks so much!!

lvla said:
Hi, lazycis. Hope all is going well with you.

I have two questions and would appreciate your valuable inputs.

1. When I file a motion (in this case, the motion for extension of time to file brief for the 1st appeal) to the court of appeal, since the court does not have an electronic filing system, I will need to mail it in -- do I need to serve every defendant, or just the attorney? In my case, the lead attorney for the government (she has been dealing with my case since the MTD at district court) is a US immigration lawsuits attorney located in D.C (I think the government wanted to give me a tough time as if I haven't already had enough), but the local AUSA is still on the case. Do I need to send to both attorneys?

2. Per the appeal court's clerk, I will need to include the opinion of the other party (if they agree with or object to my motion) in every motion I file . Is this the case? I called the lead attorney to get her opinion about my intentions to request for extension to file and then consolidation of the 2 appeals. But she is out of office since last week and returns on Aug 3. The deadline to file the brief is Aug 5 and I need to send the motion for extension out tomorrow. Then I called the local AUSA but she said she's not the lead attorney in this case anymore and could not give her opinion (although she said she didn't see why they would object). She and the court clerk both suggested me to state in the motion that I have attempted to contact the attorney but her opinion is pending due to absence. Do you think this is ok?

Thank you very much!

Also appreciate inputs from anyone who has experience dealing with court of appeal. Thanks.
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lvla said:
Hi, lazycis. Hope you are enjoying the summer.

Just an update - I filed a motion to consolidate the 2 appeals yesterday - also asked the appeals to be processed at the briefing schedule of the later one. It turned out that my appeals were passed to another lawyer and I had to make a round of calls/emails to locate the one to talk to (this is the 3rd one to appeal on my case....is my case really such a tough one? :confused::mad: This lawyer changing thing does not give me a good feeling.) And this new guy is on vacation as well! I sent an email to him and his assistant attorney replied saying they do not object my motion. Then I included this into the motion and sent it out yesterday. I only sent a copy to the new lawyer as the previous one said any thing regarding the appeal should be directed to him now. I think this should be ok, right?

Now I will wait for the court of appeals to rule on the motion. Hope it won't take long. It takes about 1 month from filing the NOA to decision on the briefing schedule. I want to start preparing the brief now and file as soon as the briefing schedule is determined for the 2nd appeal (or the consolidated one, if approved), as I have already wasted enough time during all this lengthy lawsuit process.

In last email I sent you, I asked that you said about my case, "As soon as the court finds jurisdiction, it should assume all allegations in your complaint as true, including visa availability issue.", do you know where I can find relevant laws that I can use in the brief? Also, in an earlier discussion, you mentioned that the district court should not dismiss the case when there are disputed facts. Can you let me know what info I can find about this to make my arguments? I will do my research as well.

Thanks so much!!
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I'm glad your case is progressing well. The government takes an appeal seriously (it should) so do not feel intimidated. I remember a case where two attorneys (from DC) were assigned to a pro se appeal in the 4th Cir. The plaintiff-appellant got green card after filing the initial brief.

Check this case from your circuit regarding jurisdictional issues.
http://bibdaily.com/pdfs/Cho 5-18-07.pdf
"A motion to dismiss for lack of subject matter jurisdiction should be granted “only if it appears certain that the plaintiff
cannot prove any set of facts in support of his claim that would entitle plaintiff to relief.” Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001)"

"Pursuant to Rule 12(b)(6), a district court cannot dismiss a complaint for failure to state a claim upon which relief can be granted “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 102, 2 L. Ed. 2d 80 (1957); Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir. 1995). The court will not look beyond the factual allegations in the complaint to determine whether relief should be granted. See Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir. 1999); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1996). In assessing a claim, a court must accept all well-pleaded facts in the complaint as true and liberally construe all factual allegations in the light most favorable to the plaintiff. See Spivey, 197 F.3d at 774;"

"The court will not look beyond the factual allegations..." - that's the key. The judge had no right to consider that letter from the DOS that no visas are available. Such issues should be resolved via trial/factfindings, not when jurisdictional issue is evaluated.

The case cites rulings from the 5th Cir. Get those rulings from your Circuit court and search using case titles to get additional rulings. Also, google "AILF mandamus" and read documents provided by AILF, they are very good.
Start working on your brief, it was not easy for me to meet all the deadlines as I had a full time job to go to. Keep in mind that you'll need 1-2 days just to print and bind the briefs.
 
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Saral said:
Hi Lazycis and Jefkorn,

Here is the update on my WOM. AUSA called as first 60 days are coming to the end. He said that USCIS is working on the case and he believes that ,most probably case will be adjudicated in next 60 days. I am not sure how much of that I can really believe in.
Ausa said he has two choices right now:

Ask for Dismissal of the case as they have interviewrd me and have 120 days to make a decision. This will buy them few months of time. I am not sure if they will win with that argument.

OR file joint stipulation for sixty days.
I am thinking that 60 more days will not make much difference to me and will keep AUSA happy and hopefully more engaged in the case.
Any suggestions??

Hope you guys are having good summer:)
Click to expand...

I'm trying to enjoy this summer even though it is unusually wet in our part of the country. Right, Jefkorn?

USCIS has 120 day deadline, but it does not mean you cannot get a court order requiring expedited processing as you filed WOM before the interview was scheduled. It's OK to agree to an extension only if USCIS commits to adjudicate your application and to schedules an oath in case of approval. If AUSA cannot provide such commitment, let him file MTD (he'd rather get a commitment than work on MTD, especially if he has a vacation forthcoming :)).
Best of luck in your negotiations.
 
Oh yeah tell me about it :) If it doesn't rain, it's humid and muggy not much of a summer anyway, maybe I should move? Weather is so unpredictable...oh well I'm glad to see light out when I leave work so no complaints there.

Regarding questions, lazycis has them covered. Thanks lazycis for your continued support.

lazycis said:
I'm trying to enjoy this summer even though it is unusually wet in our part of the country. Right, Jefkorn?

USCIS has 120 day deadline, but it does not mean you cannot get a court order requiring expedited processing as you filed WOM before the interview was scheduled. It's OK to agree to an extension only if USCIS commits to adjudicate your application and to schedules an oath in case of approval. If AUSA cannot provide such commitment, let him file MTD (he'd rather get a commitment than work on MTD, especially if he has a vacation forthcoming :)).
Best of luck in your negotiations.
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AUSA is ready to give me assumption not assurance that case will be adjudicated in 60 days. He wants to put that information on the coverletter to the judge but not on the actual stipulation as he says he can not do that.

I have emails from him regarding all this matter. You are right about he wants joint extension then file MTD. I am not sure why is he stressing so much on JOINT stipulation. I mean he can go solo on extension.
Thanks, Lazycis and will be in touch.


lazycis said:
I'm trying to enjoy this summer even though it is unusually wet in our part of the country. Right, Jefkorn?

USCIS has 120 day deadline, but it does not mean you cannot get a court order requiring expedited processing as you filed WOM before the interview was scheduled. It's OK to agree to an extension only if USCIS commits to adjudicate your application and to schedules an oath in case of approval. If AUSA cannot provide such commitment, let him file MTD (he'd rather get a commitment than work on MTD, especially if he has a vacation forthcoming :)).
Best of luck in your negotiations.
Click to expand...
 
Saral said:
AUSA is ready to give me assumption not assurance that case will be adjudicated in 60 days. He wants to put that information on the coverletter to the judge but not on the actual stipulation as he says he can not do that.

I have emails from him regarding all this matter. You are right about he wants joint extension then file MTD. I am not sure why is he stressing so much on JOINT stipulation. I mean he can go solo on extension.
Thanks, Lazycis and will be in touch.
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The passing of 120 days just gives you another cause of action, so the court does not have 1447b jurisdiction before the end of 120 day period. But the other causes of action remain standing. Do not budge if AUSA does not want to include assurances in the stipulation. If AUSA decides to go solo on extension, he will have to include some assurances/reasons for extension in his motion. JOINT stipulation is almost automatic and he does not have to do anything for another 60 days, that's why he is pushing for it.
 
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AUSA tells me that if I dont' do joint stipulation he is doing to file for MTD.
He is not going to go solo. These guys know how to pressure :confused:

He says he can not put any assurances because his clients are more interested in filing MTD.

Does USCIS have any benefit now that they have interviewed me and I am in that 120 day period?

If we file joint stipulation for 60 day extension, and nothing happens in next 60 days doesn't AUSA will have to answer the court? What usually happens in your opinion?

Sorry for so many questions...and thanks a million.








lazycis said:
The passing of 120 days just gives you another cause of action, so the court does not have 1447b jurisdiction before the end of 120 day period. But the other causes of action remain standing. Do not budge if AUSA does not want to include assurances in the stipulation. If AUSA decides to go solo on extension, he will have to include some assurances/reasons for extension in his motion. JOINT stipulation is almost automatic and he does not have to do anything for another 60 days, that's why he is pushing for it.
Click to expand...
 
greenlife1 said:
Dear Friends:
13 days after I filed WOM, today I received a phone call from USCIS local office. An officer said that "You should come for interview in few days..." I made an appointment for Thursday. So after two days, I am going to go to local office for interview. Do you have any advise? Do you think it is friendly call or it is problem because of WOM? Your comments are welcomed.
Click to expand...

Greenlife1,
I received a call from USCIS just now. The lady was very nice and told me that they want to schedule an interview in New York office for both me and my wife on August 17-21. She confirmed my address and told me that she will send me a letter.

I wish you a good luck tomorrow.

Keep us posted....
 
NIW-WOM said:
Greenlife1,
Are you saying the lady that talked to me on the phone was an officer? She will interview us? Are you sure?
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NIW_WOM: I asked who called me and he said he is the officer which is assigned to my case as interviewer. He also called this morning for confirmation about appointment. I think she is your interviewer too. With my best wishes...
 
Thanks for all the great inputs, lazycis!! They are extremely useful in preparing my brief!

In the new district court order, about the evidence I provided in the MTR about USCIS's random processing order, the judge pretty much said something like "your evidence is from a non-governmental source, thus unverified. And government said they don't have a visa. So I chose to believe in them rather than you." How ridiculous!! As if USCIS will disclose to public what is happening in their "black hole". I guess the judge was probably angry that he had to overthrow his earlier order about jurisdiction and just grabbed any excuse to dismiss the case. In defendants' reply, USCIS chose to completely neglect this issue. In this case, the court should ask USCIS to supply some proof against my allegation, right? I guess USCIS will not like to present any information about how they messed up the applications and gave visas randomly. In the brief, can I ask the court to order USCIS to supply facts about this issue, or can I directly request relief, or I can only ask for re-ruling at the district court?

Can't thank you enough for your continuous help...
 
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