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

[maoliz]

As you know, as soon as you file under 1447(b) in a District Court USCIS loses jurisdiction over the case.

In order to adjudicate the case is has to be remanded ( set back) to USCIS.

Practically you don't dismiss your case, you just send it back to USCIS for adjudication.

In US Attorney guarantees you that your naturalization will be approved you're OK.

P.S. Save all these email, on paper and on your hard drive...just in case

Suzy, thank you for your explanation. Should I ask AUSA to remand the case for 30 days instead of 60 days? Or should I ask him to put timeline when he files the motion?

 

[Mr LA]

hello

Thanks you so much for quick response. So, the recipient is not "Kevin V. Ryan, U.S. Attorney General" but "Civil Process Clerk".

Hello syt,

It should be like this :

Civil Process Clerk
Office Of the United States Attorney- Civil Division
450 Golden Gate Ave. Box 36055
San Francisco, CA 94102-3463

according to: http://www.usdoj.gov/usao/offices/index.html

Good luck

 

[Suzy977]

Suzy, thank you for your explanation. Should I ask AUSA to remand the case for 30 days instead of 60 days? Or should I ask him to put timeline when he files the motion?

Since s/he said that the oath should be scheduled on or around 07.26.2006, 30 days may not be enough.
Go with what s/he asked for, like I've said before, US Attorneys don't play dirty games (like USCIS) and since s/he said that you'll be naturalized, 99% you will.

 

[Haddy]

Question

Has anyone in this forum filed their adjust of status meaning I485 GreenCard application after July 2004???

 

[masa_inn]

Can I drop charges against 1 defendant?

Hi, everybody!

I’ve been a lurker and a reader for a long time, but now I really need your help.

I filed my case about a week ago and listed US Attorney General of Georgia as a defendant. They called yesterday and told me that he had nothing to do this type of case. I checked local Constitution and Code – they seem to be right. (I’m an idiot, IDIOT !).

The question is – can I drop charges against him only and proceed with other defendants?
What should I do – write some kind of dismissal letter (?) and file it with a court clerk? How can I explain the reason I’m dropping charges? (well, it has to be “I voluntarily dismiss, because I’m stupid and listed wrong defendant”)

I feel terrible and I really worry about my case now, because I managed to mess it up in the very beginning.

Thank you in advance

 

[fightback]

Hi, everybody!

The question is – can I drop charges against him only and proceed with other defendants?
What should I do – write some kind of dismissal letter (?) and file it with a court clerk? How can I explain the reason I’m dropping charges? (well, it has to be “I voluntarily dismiss, because I’m stupid and listed wrong defendant”)

IThank you in advance

You can go or call the court clerk, they will ask you to fill a form called something like: amend.... Sorry donot remember it, then mail it to every defendant. That's what the clerk told me when I ask her if I can drop one of the defendant but I did not do it finally b/c she said the judge will finally make decision if it's approate to sue or not so I just wait then.

Call the court clerk ask the steps to do it. do not worry,No big deal.

 

[fightback]

I called US attorney yesterday and he was on the phone. I called this morning and did talk to him. He is very nice person, he told me he was trying to contact me to get the exhibits I listed and he tried to contact FBI to expedite my name check. He told me he just handled a case for naturlization. I am so glad he had similar experience so he knows what to do. He told me he will inform me whenever he has some information. Thanks God for this good news!

 

[ls691035]

Has anyone in this forum filed their adjust of status meaning I485 GreenCard application after July 2004???

I did, but I'm not done yet. I am from February 2005.

 

[sanka]

I called US attorney yesterday and he was on the phone. I called this morning and did talk to him. He is very nice person, he told me he was trying to contact me to get the exhibits I listed and he tried to contact FBI to expedite my name check. He told me he just handled a case for naturlization. I am so glad he had similar experience so he knows what to do. He told me he will inform me whenever he has some information. Thanks God for this good news!

Fightback, Seems like you case is moving along

We also called US attorney on Monday. He seemed OK, but not very prone to talk. However, he seemed very knowledgeable about the rules and problems. He said that USCIS has a huge backlog (hah, I know that ) and that USCIS is not inviting for the interview unless BC is done (poor people ). Also, he mentioned about 120 days. Honestly, I was surprised...

When we asked if had any questions for us, he said it is pretty clear what we want and there are trying to "resolve the matter". I really hope that they can resolve it within 60 days.

 

[bobbyren]

Haddy,

Yes, I filed my I485 in Sep, 2004. I140 was filed in May 2004 and was approved in Nov 2004. Now I am stuck in name check and am considering to file a lawsuit if I don't see any progress soon.

I am watching your case and please keep fighting. We are here to support you.

bobby

Has anyone in this forum filed their adjust of status meaning I485 GreenCard application after July 2004???

 

[fightback]

Fightback, Seems like you case is moving along

We also called US attorney on Monday. He seemed OK, but not very prone to talk. However, he seemed very knowledgeable about the rules and problems. He said that USCIS has a huge backlog (hah, I know that ) and that USCIS is not inviting for the interview unless BC is done (poor people ). Also, he mentioned about 120 days. Honestly, I was surprised...

When we asked if had any questions for us, he said it is pretty clear what we want and there are trying to "resolve the matter". I really hope that they can resolve it within 60 days.

I don't think you will have any problems to resolve your case within 60 days if you filed under 1447. My case is I485, it's kind of different. That's why I am not sure what will be the outcome.

 

[skyhigh7]

FBI FOIA called me

A lady from FBI FOIA called me this morning, and she said they dont deal with name check, only deal with FOIA request. has anybody get email responese from fbinncp@ic.fbi.gov? I sent them June 7th, no response yet. probably need to wait one more week. The lady also asked me what is my interview officer's name, and she offered to call him. Any idea this might or might not help the name check process?

Skyhigh

 

[yousif]

Took the oath today - Ask for your rights - the courts system rules

I have taken the oath today after the US Attny convinced the USCIS that they have no reason to delay me further. I have a renewed faith in my new country and I owe it to the Judicial Branch. I files my 1447c on 03/31/2006 and I was made a citizen of this great nation today 06/21/2006.

A heart felt thank you to all of you on this forum; if it wasn't for you and the wanderful courts system, I couldn't have made it. Thank you thank you thank you.

Yousif

 

[skyhigh7]

congradulations, Yousif

I have taken the oath today after the US Attny convinced the USCIS that they have no reason to delay me further. I have a renewed faith in my new country and I owe it to the Judicial Branch. I files my 1447c on 03/31/2006 and I was made a citizen of this great nation today 06/21/2006.

A heart felt thank you to all of you on this forum; if it wasn't for you and the wanderful courts system, I couldn't have made it. Thank you thank you thank you.

Yousif

Big Congrads! You well deserved it!

 

[milashka]

Yousif, congradulations!!!

I have taken the oath today after the US Attny convinced the USCIS that they have no reason to delay me further. I have a renewed faith in my new country and I owe it to the Judicial Branch. I files my 1447c on 03/31/2006 and I was made a citizen of this great nation today 06/21/2006.

A heart felt thank you to all of you on this forum; if it wasn't for you and the wanderful courts system, I couldn't have made it. Thank you thank you thank you.

Yousif

Congradulations, I am happy for you

 

[mohamedmohamed]

I have taken the oath today after the US Attny convinced the USCIS that they have no reason to delay me further. I have a renewed faith in my new country and I owe it to the Judicial Branch. I files my 1447c on 03/31/2006 and I was made a citizen of this great nation today 06/21/2006.

A heart felt thank you to all of you on this forum; if it wasn't for you and the wanderful courts system, I couldn't have made it. Thank you thank you thank you.

Yousif

congratulation

 

[buggin]

I filed my case about a week ago and listed US Attorney General of Georgia as a defendant. They called yesterday and told me that he had nothing to do this type of case. I checked local Constitution and Code – they seem to be right. (I’m an idiot, IDIOT !).

The US Attorney is right. He/she is not a defendant in this case but the defendants' attorney. However, this doesn't make you an idiot. So, don't feel bad.

The question is – can I drop charges against him only and proceed with other defendants?
What should I do – write some kind of dismissal letter (?) and file it with a court clerk? How can I explain the reason I’m dropping charges? (well, it has to be “I voluntarily dismiss, because I’m stupid and listed wrong defendant”)

You can file a "First Amended Complaint," which means that you will file a totally new complaint without naming the US Attorney as one of your defendants.

However, I agree with Fightback that it is not really necessary, as long as the rest of the defendants in your complaint are the right defendants. In the worst case, if your case goes to trial, the judge will dismiss your complaint against the US Attorney. Since most of this kind of cases get resolved without going to trial, I believe you should be fine if you just leave your complaint the way it is.

I feel terrible and I really worry about my case now, because I managed to mess it up in the very beginning.

You have no reasons to worry. Believe me, we all make mistakes with this matter, and yours is not bad at all.

 

[buggin]

I called US attorney yesterday and he was on the phone. I called this morning and did talk to him. He is very nice person, he told me he was trying to contact me to get the exhibits I listed and he tried to contact FBI to expedite my name check. He told me he just handled a case for naturlization. I am so glad he had similar experience so he knows what to do. He told me he will inform me whenever he has some information. Thanks God for this good news!

Fightback,

I know it is a little premature to congratulate you.... but it looks like your case is going to get approved really soon.

Keep us posted on the progress.

 

[buggin]

A lady from FBI FOIA called me this morning, and she said they dont deal with name check, only deal with FOIA request. has anybody get email responese from fbinncp@ic.fbi.gov? I sent them June 7th, no response yet. probably need to wait one more week.

I sent my FOIPA request on 5/22 and still waiting for their response. I am not expecting much.

The lady also asked me what is my interview officer's name, and she offered to call him. Any idea this might or might not help the name check process?

What did you ask them to do? I just asked them to provide the status of my background check. I don't think you filing the FOIPA request can impact your name check process in any way.

 

[buggin]

Congratulations!!!

I have taken the oath today after the US Attny convinced the USCIS that they have no reason to delay me further. I have a renewed faith in my new country and I owe it to the Judicial Branch. I files my 1447c on 03/31/2006 and I was made a citizen of this great nation today 06/21/2006.

A heart felt thank you to all of you on this forum; if it wasn't for you and the wanderful courts system, I couldn't have made it. Thank you thank you thank you.

Yousif

I am very happy for you and I am very proud of the fact that you and the rest of the people on this forum get courage to fight and win. Congratulations to you.