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

nickoxx said:
This is what the judge needs to issue (to send your case back to the USCIS, so they can render the decision).
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I just realized that order is being prepared by Assistant DA too. So they prepare motion and order.

Ok, so I'll email Assistant DA to include condition under which case may be reinstated. And I will copy-paste your order and email it too.

Let's see if I get an email reply tomorrow.

nickoxx said:
I was going back and forth with the wording, so finally I agreed to "Terminated". This is term used for the court to transfer the case to the USCIS.
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Ok, but formally first they terminated case and then remanded back to USCIS. So I guess it's not possible to remand case back to USCIS to make final decision and at the same time keep case "open" until XX days expires, right?
 
hello nickoxx Sergey , the DA called that she wants to file a joint stipulation to dismiss the case, that my oath cremony date has been released, but i have not received any oath letter from Uscis and the date line for answer is Monday.... what do i do. i really want to delay case dismissal till i have my ceremony done..
 
kamara1 said:
hello nickoxx Sergey , the DA called that she wants to file a joint stipulation to dismiss the case, that my oath cremony date has been released, but i have not received any oath letter from Uscis and the date line for answer is Monday.... what do i do. i really want to delay case dismissal till i have my ceremony done..
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I would recommend to not dismiss your case until you are officially a US citizen. I got the oath letter and then a few days later, the USCIS called me to cancel my oath schedule.
 
thanks baolocdo ... really so how then did you go about it?.. I really want to delay dismissal till I am a US citizen, as I have zero faith in the uscis . she will file an answer to dismiss by Monday, are my required to file any motion against her answer... thanks
 
kamara1 said:
thanks baolocdo ... really so how then did you go about it?.. I really want to delay dismissal till I am a US citizen, as I have zero faith in the uscis . she will file an answer to dismiss by Monday, are my required to file any motion against her answer... thanks
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Yes, you'll have to file motion to oppose defendants' motion to dismiss.
 
Regarding my case.

I tried to negotiate an additional stipulation on Friday that would give me an opportunity to reopen a case if USCIS won't make it's decision within 30 days. I just copied that text nickoxx wrote above.

Then she (Assistant DA) replied that that language can't be used. And also she asked if I have any objections to their motion.

I answered that in order to agree with that motion I need to add that stipulation. Also I asked if we can change time frame to 14 days. And I asked her to add that stipulation using appropriate language.

I haven't received any reply yet. Will send an email shortly.

Yes, I also wonder if there is a good template on filing a motion to oppose defendant's motion to dismiss.

And by the way - nickoxx, please tell if you e-filed your motion to oppose defendant's motion or mailed it?
 
SergeyR said:
Regarding my case.

Yes, I also wonder if there is a good template on filing a motion to oppose defendant's motion to dismiss.

And by the way - nickoxx, please tell if you e-filed your motion to oppose defendant's motion or mailed it?
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Fortunately, we had exchanged some e-mails only and DA's office was OK with my corrections.
So, there was no actual motion filed against them.

for template
to kamara1 and Sergey: guys, I think, it can be available at your local DC.
I'm not sure (didn't have to deal with), if there's a standardized template which is OK with each DC. Sorry, guys.
 
I just got a letter with a copy of motion to remand. I don't know what should I do with it, thus I'll call the clerk of the court tomorrow. They work till 4pm. If only I had the same schedule.

In that document it says:

"... If this matter is remanded, the USCIS is prepared to make a final determination on the plaintiff's application for naturalization within 30 days from the day of such Order."

I see 2 stamps by US Attorney and Assistant US Attorney and on the other page this motion is already granted and there is a stamp by Chief US District Judge.

I see that guys are pretty quick when they need to get their things going. If only USCIS could work with same speed as judge grants motions to remand. Now I'll call the court tomorrow and if that remand is already granted I'll just wait for USCIS.
 
I called court today. They told me that judge hasn't approved their motion yet. I need to file a letter (written using even common language) where I either approve it or ask court to reject it. This has to be done before May 2.

Before my call I received an email from Assistant DA that they can't agree to my stipulation. I replied to that email and told that I want things to be smooth and easy and I wrote that I hope they can add such stipulation. Just because I can't trust USCIS after they made me waiting almost 8 months and I don't want to pay again court fees if they won't make decision within 30 days. I also wrote that I have another option - to go to the court (been there done that) i.e. tomorrow and file a letter in person asking court to reduce time from 30 days to 14, and to remand case to USCIS while keeping case opened in the court or if they can't keep it open just add a stipulation that case can be reinstated if decision is not made.

No reply since that. So if I don't get positive reply within few days I'll definitely go to the court. And tomorrow I'll start preparing draft of my letter.

Look, I'm not asking Assistant DA to keep case opened or to reduce time to 14 days. All I'm asking is to add an easy and small stipulation that will provide an opportunity to reinstate my case if decision is not made within 30 days. Sounds pretty easy, right? But why they don't want to add such stipulation? I assume they are not 100% sure.

Anyway why everything is so complicated. I already caught myself thinking that I'm now probably wasting time and I need to approve that motion ASAP, but something inside me tells me I have to fight till the motion is 100% in my favor. They wasted almost 8 months of my life. Now I can spend few more days negotiating. It won't do more damage than they already did.
 
Fellas,

I just made an opposition to defendant's motion. Took me few hours to prepare that document. By the way Assistant US Attorney didn't reply to my previous 3 emails. I wanted to make things easy. Feel that I'm alone in that boat.

So I will pass the court today and will file that opposition today. And will send a letter with green receipt to Assistand US Attorney today.

Well, the saga continues.
 
SergeyR said:
Fellas,

I just made an opposition to defendant's motion. Took me few hours to prepare that document. By the way Assistant US Attorney didn't reply to my previous 3 emails. I wanted to make things easy. Feel that I'm alone in that boat.

So I will pass the court today and will file that opposition today. And will send a letter with green receipt to Assistand US Attorney today.

Well, the saga continues.
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Man, it sucks. I can't believe the DA' office in your case is so f***ing not cooperative, least to say. I thought, your 2nd interview would bottom-line everything, and you'd get the Oath letter.
 
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