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

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Ok so I think what I am calling the welcome notice is approval notice which I received after CPO email.

So I have I797 stating "This is to notify that you application for permanent residence has been approved..." The date in the "Notice Date" section is the same date on the card in "Residence Since" section. Notice Type: Welcome Notice, Section: adjustment as direct beneficiary of immigrant petition, COA:EB26. I received this I797 first.

Then I received the card after a few days. So I guess I'm ok.

Actually I got approval notice first. The date of the approval was about a week before. Welcome notice and card came the next day. Date on the card is I-485 approval date.
 
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lazycis, et al:

Please comment on the following message from AUSA - should I agree to this?
Should I ask to see the draft order before I agree?

The next step in your naturalization process is an interview. As your case appears to be moving along administratively, I propose that we postpone the government's answer in this matter for 60 days. I believe that your administrative process should be finished by then.

Please advise if this is agreeable. I will draft an Order for the Court if it is.
 
folks, I had my interview and I passed today. I also got the oath date for Aug 26. I will write more about my interview experience when I get chance. AUSA called me 2 hours after I left the USCIS office, now they want to dismiss the case and emailed me the stipulation to sign. I told AUSA I would sign it(they have a deadline tomorrow to file a cross MSJ :) ).

From what I have read on this board, I shouldn't need to worry about anything at this point and can go ahead and sign the stipulation. But I still want to double check with gurus here to see if that's the case.

Any help is highly appreciated!
 
Meteor8,

Congratulations...



folks, I had my interview and I passed today. I also got the oath date for Aug 26. I will write more about my interview experience when I get chance. AUSA called me 2 hours after I left the USCIS office, now they want to dismiss the case and emailed me the stipulation to sign. I told AUSA I would sign it(they have a deadline tomorrow to file a cross MSJ :) ).

From what I have read on this board, I shouldn't need to worry about anything at this point and can go ahead and sign the stipulation. But I still want to double check with gurus here to see if that's the case.

Any help is highly appreciated!
 
Gurus,

Is it a good idea to file MSJ before AUSA files response to the complaint?

As per general order 61 "Immigration Mandamus Cases", MSJ can be filed anytime. AUSA is supposed to respond to MSJ within 30 days so filing MSJ will put pressure on AUSA to respond faster. I am not sure if its a good idea.
 
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Hi, folks

I had my N-400 interview this afternoon. I passed the interview and would like to share my interview experience with you all.

My appointment time was 1:30pm and I arrived at 1:05pm. When I was approaching the reception counter, I saw a receptionist and a gentleman(standing) there. As soon as I turned in my appointment letter, the gentlemen waved at me and asked me to meet him at another door. I was kind of surprised. After he opened the door and let me in, he introduced himself then I learned he was the Immigration Officer(IO) to interview me.

After we entered the interview room, he asked me to remain standing and raise my right hand to take oath for telling the truth. Then he went through my N-400 with me. I also brought a modified N-400 with me due to some changes after I submitted my original N-400, he still used the old N-400 and wrote there with red ink pen.

After we went through the N-400 form, he then apologized that he had go give me an insult - the civil test. He said he was going to give me some tough questions and we were kind of joking with each other. He asked what I wanted to do after became citizen and I said to vote, and he then joked with me that whom I was going to vote for, he also asked me what was the 14th state joined the Union and who won the super-ball this year(I told him I didn't watch TV :) ). We did go through several simple questions which were from the 100 questions though.

After passing the test, when he was preparing some paper work, I asked him if he knew my oath date, and he said it's Sept. 9 and the formal letter would be sent to me via mail. Then I mentioned that there was another oath ceremony at the end of August, he answered yeah. I cannot remember exactly what I said but then he asked me if I wanted to be in the August ceremony and I said yes. He said he had to check if he could put me in that one. He asked me to wait outside for 10 minutes so he could go back to his own office to get the paperwork done.

I waited in the lobby for about 15-20 minutes, he came out and turned over me the oath letter with Aug. 26 date on it. We shook hands and I said "thank you and appreciate your help" to him. He said he would see me on Tuesday(8/26). That was a surprise too so I asked him if he would be there and he answered that he would be on the stage. :)

I am not sure exactly what this IO's position is. I did ask him if he primarily does citizenship interview stuff and he said he mostly handle special cases. So I guess at least he is a senior officer. He didn't seem in a hurry to wrap up my case and let me go during the whole process.

After he told me the initial Sept 9 oath date in the interview room, I joked with him that someone else was interested in my oath date as well. He replied that there would be a couple of thousand people on day. Then I brought up the lawsuit issue(I no longer afraid of anything at that point since I knew I already passed the test), I believe he knew about I sued USCIS but he didn't mention it at all. I did most of the talking on that part, he only said that my case was delayed because of the famous FBI name check.

2 hours after I left the USCIS building, I got a call from AUSA to ask me if I agree to dismiss the case since my N-400 has been approved and the oath date has been set. I told her to send me the draft of dismissal and I would sign it.

This is a long and stressful journey. I am really glad it's almost over. I would like to thank all the people on this forum who are so helpful and encouraging. Without you guys, I wouldn't even have the courage to file the lawsuit. Special thanks to lazycis. you are the backbone of this forum! Hats off to you!

Although my journey is almost over, I will stay on this board for a while(already a habit) and try to provide any information I know of to the late WOMMERS(unfortunately my company blocked this website since yesterday so I may not be able to visit here during the day).

Good luck to all!
 
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Gurus,

Is it a good idea to file MSJ before AUSA files response to the complaint?

As per general order 61 "Immigration Mandamus Cases", MSJ can be filed anytime. AUSA is supposed to respond to MSJ within 30 days so filing MSJ will put pressure on AUSA to respond faster. I am not sure if its a good idea.

I do not think it's a good idea. The order says: "... at any time permitted by the Federal Rules of Civil Procedure and this court’s local rules". Rules do not really allow you to file MSJ before defendants' answer (or MTD).
 
folks, I had my interview and I passed today. I also got the oath date for Aug 26.

From what I have read on this board, I shouldn't need to worry about anything at this point and can go ahead and sign the stipulation. But I still want to double check with gurus here to see if that's the case.

Any help is highly appreciated!

Well done, my friend! Tell AUSA you need to think about it for a week or two:)
Go ahead and sign the stipulation after you make sure that it says "without prejudice".
 
I do not think it's a good idea. The order says: "... at any time permitted by the Federal Rules of Civil Procedure and this court’s local rules". Rules do not really allow you to file MSJ before defendants' answer (or MTD).

Lazycis,

per rule 56, its 20 days after complaint is filed. Local rules are silent about the timing of filing so its 20 days after complaint is filed.
 
Well done, my friend! Tell AUSA you need to think about it for a week or two:)
Go ahead and sign the stipulation after you make sure that it says "without prejudice".

yeah, it did have "without prejudice" phase. I signed it and emailed AUSA just now.

Thanks again for all your help!
 
I finally filed my WOM. Qustion to the expert here. When can I file the MFJ and is there any template available?

Also, Chertoff's zip code should be 20528. I think it was posted here as 20258.


******************************


Submit Application: May 10, 2006
PD: May 15, 2006
First FP: June 2006
Case Pending due to name check......
WOM: 8/08
Oath: ????
 
what to do next?

Hey, lazy and others,

I just got my green card yesterday. Today I emailed AUSA and told her and I want to dismiss the case without prejudice. And she asked me why I want to dot it without prejudice. I told her and the USCIS can rescind the permanet residency under certain conditions. I want to prevent the USCIS acting out of bad faith to rescind my permanent residency or give me a hard time when i apply for citizenship. If that happens, I want to be able to reopen the case. After that, she didn't reply my email. What if I don't sign anything? Does that mean the court will dismiss my case with prejudice? Thanks.
 
about dismiss the case

Lazy and others,

I just got an email from AUSA. She told me that I have 3 options to dismiss the case. But if I want to dismiss it without prejudice, I can only use option 1 or 3. Does anyone know which one is better?

1) You can file a motion to dismiss unilaterally;
2) We can file a stipulation for dismissal;
3) You can call the clerk and request a status so you can orally dismiss.

Thanks a lot.


Hey, lazy and others,

I just got my green card yesterday. Today I emailed AUSA and told her and I want to dismiss the case without prejudice. And she asked me why I want to dot it without prejudice. I told her and the USCIS can rescind the permanet residency under certain conditions. I want to prevent the USCIS acting out of bad faith to rescind my permanent residency or give me a hard time when i apply for citizenship. If that happens, I want to be able to reopen the case. After that, she didn't reply my email. What if I don't sign anything? Does that mean the court will dismiss my case with prejudice? Thanks.
 
eg0788,

Did you mean MSJ? We just discussed that its a good idea to wait for the response from AUSA to the complaint before filing MSJ and, in NDCA, MSJ can be filed after 20 days of starting the action.

I finally filed my WOM. Qustion to the expert here. When can I file the MFJ and is there any template available?

Also, Chertoff's zip code should be 20528. I think it was posted here as 20258.


******************************


Submit Application: May 10, 2006
PD: May 15, 2006
First FP: June 2006
Case Pending due to name check......
WOM: 8/08
Oath: ????
 
WOMMEI,

Congratulations to your winning!

Do you or anybody know the official citation for the case you posted a month ago, Ghaffarpour v. Gonzales at NDIL 1:06-cv-03842? i.e. in format of this: US. vs Hovsepian 359 F.3d 1144? Where can I find this info? Thanks.
 
I received 2nd fingerprint notice today for an appt in Sep. I'm not sure if my FBI name check is cleared or my 2 weeks old lawsuit triggered it but atleast some activity has happened.
 
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