I485 / AOS WOM Procedures and Guidelines

K

Kishore_l

Registered Users (C)
Dear Friends,

As several of you have requested me for I 1485/ AOS Wom steps, I just thought of posting it over here. Please be advised that I filed as Pro-Se and Please use it at your own discretion.

I personally didn't see a need for an attorney other than the fact this process demanded lot of time to understand and prepare. But once you get a nitch of it, shouldn't take much time to prepare your own case.

I personally feel that, this forum has pretty much every single detail that we need and I don't think any attorney can do any better.

I did it on my own for 2 reasons.

1. Its going to cost me approximately 350 + 50 (mailing fees) to file a case
2. Even after spending close to 5000+, I would be still at a mercy of some attorney to provide me with information and I am sure, I am not going to get 100% information.

Below are basic steps that I copied from this forum.

Lawsuit steps
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk; explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet].
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint, one for each defendant and an extra copy for the US attorney in your district.
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US Attorney’s office. Call the US ATTORNEY and get their address and the right department you should send your complaint to.
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt
12. File the return receipt with the court, and send a copy to the US Attorney’s office.
13. From here, every time you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (to provide an example)
14. 2 weeks before the expiration of the deadline, call the US Attorney, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.

Attached below are Sample Complaint, Civil Cover Sheet, Pro Se Handbook (NJ District Court)

I will attach my own complaint after removing my personal info later. Mine is little more extensive than the one here and it was very much appreciated by some of my friends in paralegal department. I have will also quoted several cases in my complaint and I have all the case details / judge opinions etc which I will post in next few days. Hope this helps for now, but certainly create a PACER account which is very helpful and watch what you are doing over there, as cost will run up pretty quick.

I will certainly hang around for next few weeks to answer any questions that you guys may have and post all documents that I have.

Thanks & Regards,
Kishore.
 
thanks man,

Kishore_l said:
Dear Friends,

As several of you have requested me for I 1485/ AOS Wom steps, I just thought of posting it over here. Please be advised that I filed as Pro-Se and Please use it at your own discretion.

I personally didn't see a need for an attorney other than the fact this process demanded lot of time to understand and prepare. But once you get a nitch of it, shouldn't take much time to prepare your own case.

I personally feel that, this forum has pretty much every single detail that we need and I don't think any attorney can do any better.

I did it on my own for 2 reasons.

1. Its going to cost me approximately 350 + 50 (mailing fees) to file a case
2. Even after spending close to 5000+, I would be still at a mercy of some attorney to provide me with information and I am sure, I am not going to get 100% information.

Below are basic steps that I copied from this forum.

Lawsuit steps
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk; explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet].
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint, one for each defendant and an extra copy for the US attorney in your district.
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US Attorney’s office. Call the US ATTORNEY and get their address and the right department you should send your complaint to.
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt
12. File the return receipt with the court, and send a copy to the US Attorney’s office.
13. From here, every time you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (to provide an example)
14. 2 weeks before the expiration of the deadline, call the US Attorney, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.

Attached below are Sample Complaint, Civil Cover Sheet, Pro Se Handbook (NJ District Court)

I will attach my own complaint after removing my personal info later. Mine is little more extensive than the one here and it was very much appreciated by some of my friends in paralegal department. I have will also quoted several cases in my complaint and I have all the case details / judge opinions etc which I will post in next few days. Hope this helps for now, but certainly create a PACER account which is very helpful and watch what you are doing over there, as cost will run up pretty quick.

I will certainly hang around for next few weeks to answer any questions that you guys may have and post all documents that I have.

Thanks & Regards,
Kishore.
Click to expand...

pl. attach your others too. i'll file in the next couple of weeks.
 
Thanks

Thanks,

As my name check is clear. I got in email from Texas center through congressman office. Still I need to include FBI ?
 
Thanks Kishore!

You rock! Please keep post the other information that you mentioned -- this is great help for people like me!!!

Also -- how to create a PACER account? thanks!
 
Great info Kishore. I am sure a lot of people will benefit from this info. Its amazing the amount of goodwill this forum brings out from people. Hats off to Rajiv.:D :D :D
 
Few people have emailed me and sent me private messages with some questions with respect to WOM and I just thought of answering here to benefit everyone.

1. What is WOM : Writ of Mandamus. What it means is, you are asking the government officials to do their job with the help of Law. Its not actually suing the government and you will never win the law suit (that means always (99.9%) your case will be approved and there is no reason to go to trail). Worst case scenario would be they will stall you or drag you for longer time, as long as you can keep up with your fight eventually you will get what you need.

2. Any adverse effects : Not that I can think of heard of. Most of the time, its going to cost more money for them to drag your case than resolve it.

3. Cost : if you are Pro Se, its going to cost you around 350 + 50 mailing certified summons. For any reason, it gets into appeal probably you are looking another 450, but chances are very slim. If you use an lawyer, its 3000+ 350+mailing cost + attorney expense that will run into approximately 5000+ and if gets into appeal then another 2000 for your attorney

4. Attorney reference : Well, I filed as Pro - Se, but however I called few attorney to check it out and I felt comfortable with a person by name Edwin Rubin, Newark NJ. He seems to be reasonable and knowledgable. There is another attoryney who has won several cases ( I will refer back to my pacer doucments and let you know) or check for yourself in PACER.

5. Pro's and Con's. If your case is outside the processing time and you don't seem to have any issues with your case (like no felony charges or illegalities with your immigration), go ahead and file your WOM. Worst case scenario is, your case will be dismissed, however you would have certainly the confidence that you did your best and all you need is just 1 person in the whole process to look at your case properly and it will get adjudicated. It could be your judge or your AUSA or any clerk from one of these offices.

6. Should I serve FBI, if name check is cleared. I would say yes, Even in my case my name check and background check were cleared in 2004 but USCIS sat on it for no apparent reason. Have all key offices as your defendant, as its difficult to add a defendant down the road you might lose lot of time in that process.

7. Any TIPS : File a FOIA with USCIS / FBI and DHS @ washington office separately. You will get pretty much all details. In my case I received over 1000+ pages including the worksheet that officers used.

Reach out to Congressman / Senator, its not that they are going to help you, but you need documentation to show that you have exhausted your congressional inquiry. In NJ Congress man Frank Pallone's Office (my contact person was SCOTT, very helpful gentelman) and Senator menendez (my Contact was Myira and Simon) office are very helpful. I would not suggest Senator Lauternberg as they are not helpful atleast in my case.

Hope this helps.
 
General Procedure

1. File Wom and defendants have 60 days to respond
2. Generally 60th day your AUSA will respond (most probbaly Motion to Dismiss your complaint)
3. File Opposition to MTD and probably summary judegement
4. Inbetween, your AUSA will try to resolve the case by reahcing out to all agency
5. Unless your name check is way too difficult to resolve (like you have the same of a known terrorist and unfortuantely from the same country and travelled several times to black listed countries etc), they will resolve it quickly
6. off all the cases that I have seen so far in PACER and posted in several forums, 99% case will be dismissed as your prayer for relief is met.
7. Right after filing your complaint, prepare for opposition to MTD (now there are several Judge opinions and judgements in favor of Plantiffs).
 
Here you go....

I have atleast 100+ cases and I will post all as muuch as this site lets me to (Save on your PACER charges) :)
 
did you file in NJ?

Kishore -- did you file in NJ? I heard people saying NJ judges are not friendly with WOM cases -- looks like one of the lost cases you posted is also from NJ. Is that true? as a resident of NJ, do we have to file here in NJ? thanks!
 
diddl said:
Kishore -- did you file in NJ? I heard people saying NJ judges are not friendly with WOM cases -- looks like one of the lost cases you posted is also from NJ. Is that true? as a resident of NJ, do we have to file here in NJ? thanks!
Click to expand...
Not True....The one I posted was the oly one that was lost, however there are several other cases that were approved. Especially, I believe Judge Hayden and Sheridan are pretty friendly towards Plantiffs based on their opinions and rulings.
 
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