to Brian
Yes.
Hard to tell. In any case, we are hoping that approval arrives before the court ruling, right?
Writing Attn: Civil Clerk helps, but it's not required
It depends on a court clerk. You have 120 days to file the receipts so there is no rush.
You need to file all return...
1. Go if your case is straightforward (i.e. USCIS does not have reasons to deny your N-400)
2. Filing is complete, but you need to return summons to the court along with those green cards or the case may be dismissed (you have 120 days to do that so no worries)
3. I think if you go your case...
I believe so. The US citizenship could've been obtained before your son turned 18 with the consent of his mother. Go thru the green card route, your son should be able to get it within 6 months. There is no wait for unmarried children (under 21) of US citizens.
The way I see it, your son is not a US citizen because he is over 18. You can apply for a green card on his behalf and it should be a straightforward case.
File I-130 and I-485 petitions, apply for EAD and he may stay and work in US while the case is being considered.
This site has step by...
Alejandro Mayorkas in his Official Capacity as the USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528
They can refuse to renew GC only if a person is deportable. Permanent resident status does not expire so as long as green card holder maintains residency and does not commit deportable offences, there is no reason to worry. And after 5 years USCIS have to go thru the court to strip permanent...
Because he was not summonned to the immigration court, his green card is not in jeopardy. As for the naturalization issue, we do need more details about the denial. Handwritten note is not an official response.
Yes
Ask for a summon anyway. Some courts will issue summons for district USA.
Send copies of all summons+a copy complaint to district AUSA.
You have a good grasp on the concept. But it's not the state AG, it's district US attorney. You are going to the federal court.
hmcis, hattrick,
You have nothing to worry about, especially if it's been more than 5 years after I-485 approval. Be honest but do not give too much details during the interview.
There is no universal advice. If you can show the court that you tried to push your case with the USCIS and they did nothing and at the same time cases filed after yours have been processed, you have a strong case. It worth noting, however, that filing a suit works as a catalyst for your case...
You are confusing two different things. "Pro Se" means you are going without a lawyer. "Mandamus" is a type of the lawsuit (basically, a section of code of laws that is being used to sue the government official).
Check this page to get detailed information about filing lawsuit, it has template...
You need to serve US AG and your district US attorney . I would include US AG as a defendant.
Orlando USCIS office address is 6680 Corporate Centre Boulevard Orlando, FL 32822. Field Office director is Margaret Iglesias.
Just wanted to share this recent court decision with you folks. The decision resolves several interesting issues regarding N-400, 1447b and LPR revocation.
http://drop.io/ituwc6a/asset/argawal-10-9-09-pdf
"The final reason why this Court cannot construe the May 4, 2009 decisions as...
I do not see anything unusual, except for I-751 pending for a long time, but again, is this really unusual for the USCIS?
One can file for naturalization while I-751 is pending but the N-400 cannot be adjudicated before I-751. That's what they will tell him at the interview. He can still take...
It's two issues related to a single incident. She can reapply and get an approval if the incident is outside of 5-year period because she did not do it knowingly. She should prepare an affidavit regarding the incident (a lawyer should be able to help with affidavit and it should not run over a...
I think there is no point in fighting the denial. Let her re-apply after October, 2009, as other suggested. You will not get a free lawyer from the government to appeal N-400 denial.
When was the processing date posted? I bet it's 5/31/2009.
Also, it will take some time to prepare a complaint and to work out the logistics associated with Wom. Judging by the USCIS responses in your case, I am afraid Wom is the only way to avoid a prolonged delay. In general, 1 year wait is...
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