Recent content by paz1960

It's been a while since I was on this forum, fortunately, very few people from my time are still around, which means that their cases were solved. I didn't follow either the evolution of such lawsuits, I am just curious if any court decision clarified the rather vague requirement of "full...

This means that AUSA's MTD is denied as moot, because it was referring to your previous complaint, which will be now replaced by a new complaint (your third ammended complaint). "Without prejudice" means that Defendants can file another MTD after they get your ammended complaint, basically...

sweetapple, unfortunately this new memo is not affecting people like you who have a pending N-400 application. The memo refers only to the AOS (and similar) cases, it states specifically that the procedure for the naturalization applications stays unchanged. Your best option is still to file a...

This really depends how bad you need the citizenship right now. Because your 2nd FP was in Nov. 2007, it is less and less likely that this was triggered by the completion of your NC and they are close to adjudicate your application. However, it is really impossible to guess, maybe you file next...

That depends how the lawsuit was dismissed. If it was dismissed WITH prejudice, you can't file again exactly for the same reason in the same district court. If the case was dismissed WITHOUT prejudice, you can file again anytime; it is up to the judge what s/he will consider unreasonable delay.

Since you applied for your citizenship almost 4 years ago, I would wait couple of more days till that second interview before I file the lawsuit. Lazycis is correct that strictly speaking, USCIS lost their right to interview you for the second time since they didn't do it in the 120 day interval...

MSJ=Motion for Summary Judgement Please see the description of the whole litigation process in a pretty understandable, easy language in the attached Pro Se Handbook.

Don't waste your time trying to call the Service Center. USCIS can't adjudicate your application till they don't have your full criminal background check completed. They will start moving only after a lawsuit is filed. Don't forget to include FBI because your case most likely is stuck in the...

The US Attorney from the federal district where you file your complaint is not part of the defendants list. S/he is the representative of the defendants in cases where you sue the US government, its agencies or officers only in their official capacity. (Think about him/her as the counsel of a...

I assume that Denis Riordan is the USCIS district director (I don't know this name) where your case is stuck. The others are OK. Mukasey is the US Attorney General, Chertoff is the secretary of the Dept. of Homeland Security, Mueller is the director of FBI, Gonzalez is the director of USCIS...

If you filed your complaint on the second week of December, the defendants' answer can't be due on Jan. 2, 2008. By default, when you sue the government they have 60 days to answer your complaint. (see the FRCP, Rule 12 (a) Time to Serve a Responsive Pleading. (2) United States and Its...

Lotechguy, your aquaintance should not worry about this, basically doesn't apply for this type of a lawsuit filed pro se. Nevertheless, the form should be signed and filed with the court. I saw that lazycis was kind enough to provide you a link.

It is safe to sign it. In the VERY unlikely event that USCIS is not adjudicating your application, you can either reopen the case or file another identical lawsuit, this is the meaning of the "dismiss without prejudice". Congratulations!

The reason why USCIS is requiring that the lawsuit should be dismissed before they adjudicate your N-400 application is that the federal court gains exclusive jurisdicition as soon as you filed your complaint. Many courts didn't interpret the law in this way, but in the 9th circuit this was...

120 days to be precise.