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

Intent to Sue worked for me

To All,
I just got a call from local immigration office to take an oath this Thursday (6/29). All I did is just send a letter with intent to sue and attacted the 1447b draft copy. I have send the intent to sue letter to almost everybody mentioned in the 1447b complaint. She was asking if I can go on this Thursday. I said you have to include my wife. She is going to find out if she can do that. Here is my case detail:

Type - N-400
Priority Date: 04-09-2005
Interview: 08-09-2005
Send letters (intent to sue): 6/1/06 with one month notice
Oath Ceremony: Thursday 6/29/06 8am.
 
US attorney requested a motion for extension

My previous post was deleted somehow. Anyway, we talked to the US attorney assigned to my bf's case, he thought they can work this out given with a couple of more weeks. Today we received a letter from US attorney, it is the copy he filed with court to request extension for 60 days. He did mention that we oppose this motion in the document. But the court granted the motion.

We are willing to wait for another 60 days. :( I am wondering if I need to do anything about this motion. Do I need to respond? Or I just wait?

Thanks for the any answer.
 
purlban said:
To All,
I just got a call from local immigration office to take an oath this Thursday (6/29). All I did is just send a letter with intent to sue and attacted the 1447b draft copy. I have send the intent to sue letter to almost everybody mentioned in the 1447b complaint. She was asking if I can go on this Thursday. I said you have to include my wife. She is going to find out if she can do that. Here is my case detail:

Type - N-400
Priority Date: 04-09-2005
Interview: 08-09-2005
Send letters (intent to sue): 6/1/06 with one month notice
Oath Ceremony: Thursday 6/29/06 8am.
Click to expand...

Good Job and congratulation,
intent to sue letter did not work for me, they had until the end of 6/23 to respond and they didn't so I am going to file my case today.
Unlike other poeple on the forum, I do believe what a lawyer once told me that intent to sue letter work in about 30% of the time, so every body should use it before they sue. I don't think there is anyevidence that such a letter would harm your case or make them deny it
 
WaitingInDallas said:
My previous post was deleted somehow. Anyway, we talked to the US attorney assigned to my bf's case, he thought they can work this out given with a couple of more weeks. Today we received a letter from US attorney, it is the copy he filed with court to request extension for 60 days. He did mention that we oppose this motion in the document. But the court granted the motion.

We are willing to wait for another 60 days. :( I am wondering if I need to do anything about this motion. Do I need to respond? Or I just wait?

Thanks for the any answer.
Click to expand...
WatingInDallas,
If the judge has already issued an order on the defendant's motion, you cannot oppose it now. It looks to me that they are trying to resolve it; they just need more time. Hopefully, within 60 days, your boyfriend will be naturalized. Note, that the US Atty didn't file a motion to dismiss, so it is a good sign.
 
AL11 said:
Good Job and congratulation,
intent to sue letter did not work for me, they had until the end of 6/23 to respond and they didn't so I am going to file my case today.
Unlike other poeple on the forum, I do believe what a lawyer once told me that intent to sue letter work in about 30% of the time, so every body should use it before they sue. I don't think there is anyevidence that such a letter would harm your case or make them deny it
Click to expand...
Al11, I agree with you that the intent-to-sue letters are just a gamble. In some cases they work; in others the don't. In my case, I didn't want to gamble because the odds weren't in my favor. I didn't want to waste another month if in the end I would still have to go to court.
 
buggin said:
Normally, there is a duty for parties to "appear" in a court proceeding. Plaintiff's first appearance is when he/she files a complaint. Defendants appear when they file an answer to the complaint.

There is no duty to assign any attorneys and file the names of the attorneys with the court. When defendants file their answer to the complaint (which always happens on the last day of the allowed time period to respond), the answer states the names of the attorneys representing defendants.

Since our kind of cases usually get resolved even before the defendants' answer is filed, sometimes there is no mention of a US Atty assigned to the case. When I look at my case info on PACER, it doesn't have any US Atty's name, even though I know that a US Atty is working to resolve my case.

So, just because there is no info about a US Atty or a defendants' answer, it doesn't mean that the judge dismissed the case without any cause, especially "without prejudice." If one of the parties did not "appear," the case would be dismissed "with prejudice."
Click to expand...
Buggin and Scary Eagle :p , thanks for clearing this... as Suzy sd:
Now it makes sense :p
 
return of service certificate

I'm sure this questions has been asked before, but in case for those who already sent out a return of service certificate.

Well i'm ready to send out my return of service, but I'm confused whether to send out a copy to the court for each defendant or just a single one with the name of all the six people involved. I guess is because all the defendants received their summons on different dates, and I only have one field asking for a date of service.
I'm not sure if the date of service is the date the summon was sent out or the date they received the summon.

Could anybody help?

Thanks
 
gzmbk1 said:
I'm sure this questions has been asked before, but in case for those who already sent out a return of service certificate.

Well i'm ready to send out my return of service, but I'm confused whether to send out a copy to the court for each defendant or just a single one with the name of all the six people involved. I guess is because all the defendants received their summons on different dates, and I only have one field asking for a date of service.
I'm not sure if the date of service is the date the summon was sent out or the date they received the summon.

Could anybody help?

Thanks
Click to expand...
You need only one copy of the return of service. For the date of service, put the date when you mailed the packages out to all the defendants, assuming you did it all on the same date. The service date is the mailing date, not when the defendants received the packages.

So, one return of service form and attached to it all delivery receipts.
 
One Request

Hey guys and girls...

few days ago I requested if someone knows about one or more cases where the applicant had filed their Application to Adjust Status after July 23, 2004 (my AOS I485 application date) and they filed their WOM complaint due to name check delay with the court and their case was dismissed because the Defendants clear their name checks... 1, 2, 3 ... cases will really help... guys and girls scratch you heads and try to remember if you came across with such cases... I want to mention 1 or 2 such cases if needed in my response... any ideas...
 
buggin said:
If one of the parties did not "appear," the case would be dismissed "with prejudice."
Click to expand...

It doesn't make sense :confused:

If the Plaintiff did not "appear", I agree with you, the case should be dismissed with prejudice.

If the Defendant doesn't "appear", I don't see why/how the case will be dismissed, especially with prejudice???...in this case should be entered a Motion for Default Judgment...and if worse comes to worst...the Judge (on a technicality) may dismiss the case without prejudice.
 
Suzy977 said:
It doesn't make sense :confused:

If the Plaintiff did not "appear", I agree with you, the case should be dismissed with prejudice.

If the Defendant doesn't "appear", I don't see why/how the case will be dismissed, especially with prejudice???...in this case should be entered a Motion for Default Judgment...and if worse comes to worst...the Judge (on a technicality) may dismiss the case without prejudice.
Click to expand...
You are right, dismissal applies only to situations where plaintiffs do not appear or do not do what they are supposed to do.
 
Haddy said:
Hey guys and girls...

few days ago I requested if someone knows about one or more cases where the applicant had filed their Application to Adjust Status after July 23, 2004 (my AOS I485 application date) and they filed their WOM complaint due to name check delay with the court and their case was dismissed because the Defendants clear their name checks... 1, 2, 3 ... cases will really help... guys and girls scratch you heads and try to remember if you came across with such cases... I want to mention 1 or 2 such cases if needed in my response... any ideas...
Click to expand...

This thread with 3,500+ posts :eek: :eek: may have some examples like that....good look :p :D :D
 
Suzy977 said:
This thread with 3,500+ posts :eek: :eek: may have some examples like that....good look :p :D :D
Click to expand...
OK, Let me reword my question...

Anyone who deosnot mind to share his/her case where USCIS cleared their name check after filing the Writ of Mandamus in the court...
Condition: You must have filed your I-485 Application to Adjust Staus (Green Card) after July 23, 2004... :confused: :(
 
Haddy said:
Hey guys and girls...

few days ago I requested if someone knows about one or more cases where the applicant had filed their Application to Adjust Status after July 23, 2004 (my AOS I485 application date) and they filed their WOM complaint due to name check delay with the court and their case was dismissed because the Defendants clear their name checks... 1, 2, 3 ... cases will really help... guys and girls scratch you heads and try to remember if you came across with such cases... I want to mention 1 or 2 such cases if needed in my response... any ideas...
Click to expand...
Here is one successful case from FL. I had only one WOM case saved since my case is 1447(b)
 
buggin said:
You need only one copy of the return of service. For the date of service, put the date when you mailed the packages out to all the defendants, assuming you did it all on the same date. The service date is the mailing date, not when the defendants received the packages.

So, one return of service form and attached to it all delivery receipts.
Click to expand...

buggin, thanks for the quick reply. Will mail the service tomorrow.
thanks again.
 
Haddy said:
Suzy,

I was WOWed too when I saw these two cases... Here I am writing these down for you... what do you think about them...
Murad V Chertoff et al. Case 2:05-cv-71938-MOB-RSW (Eastern D Michigan)
Sawa V Chertoff Case 2:05-cv-74323-MOB-VMM (Eastern D Michigan)
Click to expand...


Haddy,

How can we review these cases? Where do you go to view them?
thanks
 
Question to Buggin

buggin said:
Here is one successful case from FL. I had only one WOM case saved since my case is 1447(b)
Click to expand...

Hi, Buggin,

Where did you find these kind of cases?

How to find similar cases?

Thanks,

Dumbboy
 
dumbboy said:
Hi, Buggin,

Where did you find these kind of cases?

How to find similar cases?

Thanks,

Dumbboy
Click to expand...
Actually, from this forum. I read the whole thread from page 1. There are quite a few cases that people would find and attach to their postings. Since my case is a naturalization case, I didn't bother to save all the WOM cases. I am sure there are quite a few WOM cases posted in this thread.
 
new update

hi guys ,
today i got a phone call from a lady in my local office USCIS and she said that she was reviewing my application and she found some info still missing and when i asked her what is that will be she said i already sent out a letter today to your addrress asking for some documents to be mail it to USCIS but i want fax it to you becuase it will take a few days for the mail to get to you and then she start to ask about myself and my wife (since i am applied for N-400 based on marriege to US citizen ) such as : you are filling based on the marriege ? are you still with your spouse and what's the phone number for your wife's work ? and when i asked her why do you ask all this questions she said we are CIS and we can ask all what we want !!!! any way she fax me a letter asking for some more documents to proof marital union with my wife such as ( bank statments , bills ) . now this sound fishy to me because i though once i filed my 1447 (b) the USCIS lose control over the case and based on all the stories that i read here it's always the US attorney asking dissmising the case so USCIS can work on the case ???? but didn't happend in my case and the last time that i spoke to the US attorney who's handling my case she told me she never got my file from the USCIS yet and she will call them again to let them know that i have a dead line !!! so i was waiting for a call from the her not from the USCIS . any advice from all the friends out there .... thank you in advance for your help .
 
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