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

Update on my wife's case: case was remanded (with termination) to the USCIS by judge today. Tomorrow, according to the defendants' attorney, the judge will make an entry and 14 days clock starts. Since the decision has been already made (I hope, positive, based on all objective and subjective factors), so we hope to hear some news from the USCIS by the end of this week, the latest - the end of the next week. Will see how it goes.
 
SergeyR said:
Nope, my case is that they couldn't make a decision after naturalization interview.

I came home today, checked mailbox and still didn't get that 5 green receipts. I'll wait for couple days and then will try to get any paper from USPS confirming that my summon was delivered.
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Sergey, when were those 5 remaining summons delivered? I personally gave USPS up to 1 month and started knocking on the USPS' doors after 1 month.
But, as long as you can get something from the USPS - you're fine. I went through that and judge didn't mind. Make sure you send along with the receipts explanation for why there're no some green receipts. If you happen to need this letter, I'll shoot you one. Don't worry, buddy.
 
nickoxx said:
Sergey, when were those 5 remaining summons delivered? I personally gave USPS up to 1 month and started knocking on the USPS' doors after 1 month.
But, as long as you can get something from the USPS - you're fine. I went through that and judge didn't mind. Make sure you send along with the receipts explanation for why there're no some green receipts. If you happen to need this letter, I'll shoot you one. Don't worry, buddy.
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From my little experience green receipts should come back pretty soon after it was delivered. I see that i.e. Loretta Lynch summon was delivered on Feb 16 and I got green receipt 2-3 days later. Same was with others. But those 5 were delivered on Feb 12 (I don't have tracking numbers with me, so maybe it was 12 or 13th) and already whole week passed since that I still haven't received that green receipts.

Please could you send me that letter and please could you remind what exactly did you ask USPS for? Just to provide some evidence that summons were actually delivered or not? I don't know what information/data they collect and store after a certified mail with return receipt is being delivered to a recipient.
 
Do not worry about the green receipts. check online for status, and if delivered - You can go to the POST MASTER of any USPS and they will give you a copy of the delivery ackowledgement which is accepted by the Court Clerk. You should not wait a month after delivery - Max 10 days is enough waiting time.
 
Michael Smith said:
Do not worry about the green receipts. check online for status, and if delivered - You can go to the POST MASTER of any USPS and they will give you a copy of the delivery ackowledgement which is accepted by the Court Clerk. You should not wait a month after delivery - Max 10 days is enough waiting time.
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This is what I sent along with my green receipts:

"To whom it may concern,


Please, be advised that United States Postal Service (USPS) misplaced and was not able to locate Green Return Receipt Cards (via Certified Mail) from the following defendants:

Jeh Johnson, US Secretary of the Department of Homeland Security; USPS tracking # ;

Leon Rodriguez, Director of US Citizenship and Immigration Services; USPS tracking # ;

Lori Scialabba, Deputy Director of US Citizenship and Immigration Services; USPS tracking # ;

Ur Mendoza Jaddou, Chief Counsel, US Citizenship and Immigration Services; USPS tracking # .

USPS was able to provide Plaintiff "Your name" with the e-copy of Green Return Receipt Cards for each abovementioned defendant (see attached).

Respectfully,

_______________________ Your name

Date"
 
Michael Smith said:
Do not worry about the green receipts. check online for status, and if delivered - You can go to the POST MASTER of any USPS and they will give you a copy of the delivery ackowledgement which is accepted by the Court Clerk. You should not wait a month after delivery - Max 10 days is enough waiting time.
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I was told it's up to judge. Clerk would accept anything.
 
I just got another green receipt from James Comey summon today. I thought it was lost. Now I have 5 and waiting for another 4 green receipts: 3 from USCIS and 1 from Homeland Security.

Meanwhile yesterday I went to local USPS postal office and they gave me printed confirmations (with pics) telling that my letters were delivered. I asked them to stamp each one and they did.

So if I won't get any new receipts tomorrow I'll definitely go to the court tomorrow. Why wait longer?

P.S.: Am I the only one who gets only half of email confirmations regarding new posts in this thread. I didn't even get any notification that nickoxx wrote me a reply. Maybe it happens when a new reply is posted shortly after my message. BTW nickoxx thank you for template.
 
Finally! Just received the update via the phone/on-line: "We scheduled your oath ceremony for Receipt Number xxxxxxxxx . We sent a notice with the date, time, and location of your oath ceremony to the address you gave us. Please follow the instructions in the notice. If you do not receive your notice by March 27, 2016..."

Now just waiting for the actual letter.
 
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baolocdo said:
Wow, that's fast! Congrats!!!
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Thank you, baolocdo.

So here's the timeline:
12/7/16 - complaint has been filed with the DC
1/25/16 - my wife receives phone call from the local USCIS and e-mail from the defendants' attorney on the 2nd interview
2/4/16 - 2nd interview with both of us
2/5/16-2/12/16 - I keep exchanging e-mails with both DC deputy and defendants' attorney trying to "polish" the Order to Remand and Motion to Remand
2/12/16 - I (on behalf of my wife) finally approved the changes to Order and Motion to Remand. The defendants' attorney e-files it the same day.
2/22/16 - Judge enters/signs the Order to Remand
2/26/16 - the Oath letter was mailed out.
 
nickoxx said:
Thank you, baolocdo.

So here's the timeline:
12/7/16 - complaint has been filed with the DC
1/25/16 - my wife receives phone call from the local USCIS and e-mail from the defendants' attorney on the 2nd interview
2/4/16 - 2nd interview with both of us
2/5/16-2/12/16 - I keep exchanging e-mails with both DC deputy and defendants' attorney trying to "polish" the Order to Remand and Motion to Remand
2/12/16 - I (on behalf of my wife) finally approved the changes to Order and Motion to Remand. The defendants' attorney e-files it the same day.
2/22/16 - Judge enters/signs the Order to Remand
2/26/16 - the Oath letter was mailed out.
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I have been following your case since you started and I am really happy for you that you have successfully resolved your case!
If I do not receive anything from the USCIS by March 05, I am going to file the law suit. I am hoping my case would move as quickly as yours.
 
baolocdo said:
I have been following your case since you started and I am really happy for you that you have successfully resolved your case!
If I do not receive anything from the USCIS by March 05, I am going to file the law suit. I am hoping my case would move as quickly as yours.
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Thank you very much, baolocdo, for the nice words!
I know some people've been waiting longer than my wife/us (we only from 5/4/2015), but still - it's just devastating.
I sincerely wish you good luck, since I know how it is.
I'll be still around here.
 
nickoxx

Congrats!!! You did it!! It again proves if you want to get something done then don't just wait - do it by yourself!

As for me I'm still working. Had to skip "Court Day" today. Now I'm focusing on Monday...
 
Congrats Nickoxx !!! i was watching your thread , good job .
Guys i want to post my experience here , i have submitted my WOM on Dec 28 after waiting for year for my EAD appliction under TPS , my attorney forgot to serve the USGA , i discovered that when i called them few days a go and they informed me that they were not served , i was so pissed with him , he wasted almost 2 months.
Long story short , after my attorney apologized that he screwed me he served the USGA overnight through fedex , and to my surprise within 24 hours he received call from DC attorney telling him that USCIS will send RFE then adjudicate the case and she asked me through him to dismiss as she promised decision will be made after USCIS receives the RFE .
Now i,m waiting for the RFE and thinking what the hell the want after one year of waiting ? my attorney recommended to wait for the RFE before we proceed to dismiss .
Any input or ideas you guys can share would be appreciated , thank you all.
 
kamara1,
edsab

Thank you very much to both of you! I really appreciate your nice words!

to edsab: without having/seeing the actual RFE, it's really hard to guess what these guys want.
My recommendation: wait for the RFE, respond to it, wait until the USCIS comes out with the decision and it (USCIS) is ready to adjudicate your case. Don't dismiss the case at all, have your attorney to work out with the defendants' attorney stipulation about remanding your case (if this is applicable to WOM's cases) to the local USCIS with the possibility to re-open the case if no decision is done, let's say withing 14 days (like in my case) or 30 days from date date of Order to remand (at most, but not longer, since you've waited fare enough already).
 
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