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

[cregan]

Lazycis & Jefkorn

What form do I need to file (to dismiss or close my WOM) next week after my Oath I'm planning to file the same day

Thank you

 

[jefkorn]

cregan,
See following for relevant info:
http://forums.immigration.com/showpost.php?p=1946364&postcount=15993

http://forums.immigration.com/showpost.php?p=2000234&postcount=16789

If AUSA is keen on it , he may prepare a joint stipulation to dismiss if you agree to it or you can file motion for voluntary dismissal yourself without AUSA involvement. In my case AUSA sent me draft Stipulation of Dismissal which I agreed to after requesting few minor changes.

Please see the attached sample for what AUSA prepared. I have a feeling that AUSA will be more interested in closing the case so he will make sure that either you alone or he and you together file motion for dismissal. Hope it helps!

Lazycis & Jefkorn

What form do I need to file (to dismiss or close my WOM) next week after my Oath I'm planning to file the same day

Thank you

 

[hereismygc]

My case AUSA assigned -- MA

I got my case AUSA assigned and her name is 'Eve Piemonte Stacey'; my case is in MA district court; any one have information whether she is helpful to resolve the issue?
thanks

 

[cregan]

jefkorn, thank you so much I'll have to update cregan notes

AUSU had ask me to file the dismiss on the day of Oath and let her know

hereismygc, that's so cool ... you'rs is moving along

 

[Shugemama]

I meant that a minor does not have to go to court hearings.
http://dictionary.reference.com/browse/ditto

Thank you Lazycis. I submitted the WOM this morning. I got 1 original Summons with steel seal and another copy for each defendant. Which one should I mail to the defendant with the complaint? I guess the copy of the original copy, right? because the clert just mentioned to send back the original one back to the court. What should I do for the second page of the summoms? I mean The form for "return of service"?

 

[Shugemama]

Thank you Lazycis. I submitted the WOM this morning. I got 1 original Summons with steel seal and another copy for each defendant. Which one should I mail to the defendant with the complaint? I guess the copy of the original copy, right? because the clert just mentioned to send back the original one back to the court. What should I do for the second page of the summoms? I mean The form for "return of service"?

Sorry. I had the typo. I am asking If I should send the copy of the original Summons with one copy of complaint to each defendant. right?

 

[b0nd]

Please see my timeline. Is it time for me to file WOM or should I write to Senator/Congressman and Ombudsman first? I had somewhat complicated case due to back and forth travel but I didn't break continuous residency or physical presence. Please advise.

 

[lazycis]

Please see my timeline. Is it time for me to file WOM or should I write to Senator/Congressman and Ombudsman first? I had somewhat complicated case due to back and forth travel but I didn't break continuous residency or physical presence. Please advise.

The USCIS is required by law to make a decision within 120 days after the interview. File 1447b suit and get your citizenship within 30-60 days.

 

[hereismygc]

jefkorn, thank you so much I'll have to update cregan notes

AUSU had ask me to file the dismiss on the day of Oath and let her know

hereismygc, that's so cool ... you'rs is moving along

Thanks Cregan. All the best on your Oath.
As you said they started cranking up the work as soon as received the WOM; thats so cool. I'm kind of like thinking should have done it atleast 6 months ago; anyway it is better late than never;

I received FP notice, after FP is done do I have to file it with court?

thanks

 

[b0nd]

The USCIS is required by law to make a decision within 120 days after the interview. File 1447b suit and get your citizenship within 30-60 days.

Does the reinterview reset the 120 days counter? I talked to a couple of IOs on the phone and over infopass and they say that I should count 120 days after reinterview. If otherwise can you point out the law stating so?

 

[lazycis]

Sorry. I had the typo. I am asking If I should send the copy of the original Summons with one copy of complaint to each defendant. right?

You send original summon and a copy of complaint if you serve by mail upon defendants. Keep the secons pages of all summons to file them later with the court. Make copies of all summons and serve them along with a copy of complaint upon district US attorney.

 

[lazycis]

Does the reinterview reset the 120 days counter? I talked to a couple of IOs on the phone and over infopass and they say that I should count 120 days after reinterview. If otherwise can you point out the law stating so?

Code of federal regulations:
8 CFR Sec. 335.3 Determination on application; continuance of examination.

(a) The Service officer shall grant the application if the applicant has complied with all requirements for naturalization under this
chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under Sec. 335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.


Moreover, the second interview should have been done within that 120 day period after the initial interview:

8 CFR 335.3(b) "[T]he reexamination on the continued case shall be scheduled within the 120-day period after the initial examination..."

 

[nooshinkdd]

Hi dear lazycis

i went to the consulla to get my visa. They gave me a package with my passport. I saw they made mistake in my nationality. I came back and gave my passport to them . They got my pass but the package was with me. They corrected it. When i came back to my country i saw the first visa was for 2 years and NEW one IS for 6 month. I looked at the internet and i saw k3 visa is valid for 2 years. I have a plan to go to us next week. What do you think about it and what should i do for their mistake? Can i correct it in us or ..........
Thanks alot

 

[lazycis]

It should've been two years. You should be able to correct it in US, but it may not be necessary. After you enter US just apply for adjustment of status from K3 to permanent resident.

 

[jefkorn]

Hi hereismygc,
No the court doesn't need to be informed after FP is done. If this movement in your case is because of WOM then FP or any other procedure that USCIS requires to adjudicate your case is USCIS's headache and court doesn;t need to be apprised of every intermediate step USCIS takes unless it's against the law and will affect your case adversely. Let the events take their course and FP is a good sign.

I received FP notice, after FP is done do I have to file it with court?

 

[Dull in Dallas]

Waiting time after FP

Lazyics / Jefcorn,
Two weeks before I gave my 2nd fingerprint, after my lawyer indicated TSC about my intention to sue. How long should I wait? Can i go ahead and file the WOM suit?

 

[lazycis]

Dallas,

It depends. Did your lawyer give USCIS a deadline in intent to sue?
It's not prohibited, but it's not very nice to file a suit before that date. If no specific deadline was mentioned, then you should go forward and fire.

 

[Shugemama]

Last Friday I filed WOM. my daughter(17 years old) is one of the plaintiffs. but the clerk pointed out that there is no place which indicated she is a minor. I checked the sample of Complaint, it seems no need to specifically state the age. Is there anybody had the same experience?

 

[GC_09_2003]

WOM case update

Today I received email update about my WOM case filed 2 weeks back saying

Online access to documents in this case are limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Folan, Karen)​

Does this have any significant meaning for me (I mean what is "Counsel Of Record")?

 

[jefkorn]

Hi GC_09_2003,
Counsel Of Record means the lawyer on record who is representing the party(plaintiffs or defendants). In case of Pro Se filers, you are the counsel of record. The way a case is setup in court's electronic system limits the access to documents in certain type of cases to counsel on record on both sides(plaintiff and defendants). In short, this doesn't affect your case in any way other than your inability to see the documents until the proper access is configured. You may want to get in touch with the court clerk or better yet the PACER/ECF (electronic filing) support person at your court and they will be able to sort this out.

See posts that follow this link http://forums.immigration.com/showpost.php?p=1931176&postcount=15632

Also http://forums.immigration.com/showpost.php?p=1997410&postcount=16730

Today I received email update about my WOM case filed 2 weeks back saying

Online access to documents in this case are limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Folan, Karen)​

Does this have any significant meaning for me (I mean what is "Counsel Of Record")?