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

[khalafah2000]

Hire a lawyer after filing pro se

After filing pro se, is it possible to hire a lawyer if the case gets too complicated at a later stage? In other words, do judges allow plaintiffs to hand over the case to a lawyer at any stage in the lawsuit?

It is my understanding that for simple pending N-400 cases like ours(including mine), lawyer can not really add much value early in the lawsuit. But if the case get dragged down to motions, he might be able to add value to it.

 

[breezyemily]

Ausa

I also have Jim Frederick as my AUSA. Did you call him or did he contact you with the news? I've talked to him once already, I'm not sure If I should contact him again or not. My 60 days ends around 8/10/06.

gzmbk1,
I only called him once. This time he called me and told me the good news. So this guy seems to be very good.

 

[gzmbk1]

case status online

I've noticed that some of you were able to view the status of the pending N400 application online after the lawsuit.

I went to check on my status and suddenly i got a hit with a decent response. Before it used to say that no such records are in the database or something to that extent.

then I tried it again and the results came up as not having any records of my application.

has anyone experienced that behaviour? once giving a status and after 5 minutes going back and trying again and getting no status?

I'm almost positive I put the correct case number, but just wanna make sure if you guys noticed that behaviour

I hope I'm not buggin out or hallucinating

 

[buggin]

Hello all,
First of all congretulation everyone that I might missed while I was out, secound I have questions. I still didn't have anything regarding case dismissal from the court. I do worried despite being adviced not to.

Cuties, call the court clerk office and ask them if the dismissal paper has been filed. If not, call the US Atty and work with them to get it done.

I have been married to a USC for more then three years now and applied for the citizenship last month however my application was returned with the explanation that far beyound my comprehension. It stated nothing but the application can't be processing!!!!!,

Suzy is right, the 3 years of permanent residency that qualify you to apply for naturalization start from the date of your GC approval, not from the date of your marriage. I am married to a US Citizen. First, I got a conditional GC for a year. After one year, I had to file an application for removal of condition and for a permanent 10-year GC. After my 10-year GC was approved, I had to wait two more years before I was eligible to file my N400.

1) If your GC was approved on May 24, 2006 (assuming this is your 10-year GC, not the conditional one), you will become eligible to apply for citizenship on February 24, 2008.

2) If the GC you got is conditional, then you have to file for removal of condition on February 24, 2007, and then you can apply for citizenship one year and 9 months after your 10-year GC is approved.

Let me know if you have questions.

 

[masa_inn]

After filing pro se, is it possible to hire a lawyer if the case gets too complicated at a later stage? In other words, do judges allow plaintiffs to hand over the case to a lawyer at any stage in the lawsuit?

Yes, you can hire a lawyer at any time. I got it from Pro Se handbook (or legal help web site, I don't remember) Smth. like: "If your case is getting really complicated, we highly recommend you to hire a lawyer"

 

[milashka]

Hello all,
First of all congretulation everyone that I might missed while I was out, secound I have questions. I still didn't have anything regarding case dismissal from the court. I do worried despite being adviced not to.

Awhile back there was a person mentioned applying for the citizen after have been married to the USC for more then three years. If that person is you please provide the update, and if not but have the knowledge regading the issue please share. I have been married to a USC for more then three years now and applied for the citizenship last month however my application was returned with the explanation that far beyound my comprehension. It stated nothing but the application can't be processing!!!!!,

Thank you in advance,
~C

I am not this person but I can answer to your question.
The time starts counting from the date when your green card has been issued. If you have 2 years and 9 months since this date (including the same time or more of your marriage) then you may apply for your citizenship.
Oops, I didnt see that Suzy and buggin already answer to your question

 

[syt]

Eastbayer,

It is really good to know you have received your oath invitation. Congrats.

syt

Hi guys & gals,

Hi maoliz and Buggin,

I just came back from a trip and am reading all the posts I missed. Back in June I dismissed my case on 6/6 and it was signed by the judge on 6/7. But the oath letter did not come for weeks. I went to the Oakland CIS office at least twice and I was told my case was approved but they had not scheduled my oath yet . At the end I had to call the US Att. again and again, since I would be traveling from late June, and I wanted to confirm the exact date of the oath ceremony. I was told CIS was not in a hurry to schedule my oath, since there wouldn't be one on 7/4, and they usually do not schedule anything until two weeks before.....I had thought I could have made the one on 6/20 (It appears they only do this every other week). Just one day before my trip, I received the invitation finally (6/25).

What I learned from this whole process is: Nothing is easy, especially when you are dealing with the government. Those people simply do not care nor do they share any sense of urgency as we do. I was not embarrassed to call them again and again, leaving messages until they called back. Otherwise, a job would never be done.

Don't give up, but cheer up

 

[Eastbayer]

Thank you

Eastbayer,

It is really good to know you have received your oath invitation. Congrats.

syt

I went to the Oakland office on 6/16, and saw they were scheduling people , who just passed the interview, for the 6/20 oath. I thought they had plenty of time to put me into that one, since the Judge signed the dismissal agreement on 6/7 and filed it at the Court on 6/8. I guess they just needed a push at every step! At the CIS office I chatted with a doctor from UC SF. He was interviewed last August and his application has been pending for FBI name check as well. He was given that FBI email address for inquiry....I could not help thinking it is just too funny that CIS is still fooling around. Don't they know this email address is a black hole that nothing can ever get out? On our way out, I gave that doctor the address of this web and the location of theOakland Court house (which is just next door). Hopefully, he has started his fightback now.

Good luck to you

 

[maoliz]

Thank you!

Hello Eastbayer:

Thank you for sharing your experience. It really encourages me. I will take your advice and keep bugging AUSA.

Congratulations to you victory!!! I believe mine will come soon

Hi maoliz and Buggin,

I just came back from a trip and am reading all the posts I missed. Back in June I dismissed my case on 6/6 and it was signed by the judge on 6/7. But the oath letter did not come for weeks. I went to the Oakland CIS office at least twice and I was told my case was approved but they had not scheduled my oath yet . At the end I had to call the US Att. again and again, since I would be traveling from late June, and I wanted to confirm the exact date of the oath ceremony. I was told CIS was not in a hurry to schedule my oath, since there wouldn't be one on 7/4, and they usually do not schedule anything until two weeks before.....I had thought I could have made the one on 6/20 (It appears they only do this every other week). Just one day before my trip, I received the invitation finally (6/25).

What I learned from this whole process is: Nothing is easy, especially when you are dealing with the government. Those people simply do not care nor do they share any sense of urgency as we do. I was not embarrassed to call them again and again, leaving messages until they called back. Otherwise, a job would never be done.

Don't give up, but cheer up

 

[mmksj]

Ruling

Does anyone has Al-Kudsi vs Gonzalez court ruling (Dis Ore. March 22, 06). I have seen it in this forum before, I wonder if any of you have it handy.


Thanks

 

[buggin]

Hi guys & gals,

Hi maoliz and Buggin,

I just came back from a trip and am reading all the posts I missed. Back in June I dismissed my case on 6/6 and it was signed by the judge on 6/7. But the oath letter did not come for weeks. I went to the Oakland CIS office at least twice and I was told my case was approved but they had not scheduled my oath yet . At the end I had to call the US Att. again and again, since I would be traveling from late June, and I wanted to confirm the exact date of the oath ceremony. I was told CIS was not in a hurry to schedule my oath, since there wouldn't be one on 7/4, and they usually do not schedule anything until two weeks before.....I had thought I could have made the one on 6/20 (It appears they only do this every other week). Just one day before my trip, I received the invitation finally (6/25).

What I learned from this whole process is: Nothing is easy, especially when you are dealing with the government. Those people simply do not care nor do they share any sense of urgency as we do. I was not embarrassed to call them again and again, leaving messages until they called back. Otherwise, a job would never be done.

Don't give up, but cheer up

Eastbayer,
Sorry about the mess the CIS is putting you through. If it helps at all, my case is not cleaner than yours.
I'll take your advice and will start bugging the US Atty. I think they can ask the judge to sign the dismissal order. How long should that take? Read two lines and sign it.....
Good luck to you.

 

[Barxotka]

Please advise and thank you

I live in Florida (Jacksonville); I had a citizenship interview in September of 2005. It was successful but the name check still pending. I was patiently waiting for 10 months and I am ready to file a lawsuit. As it was advised on this website (thank you everyone!!) I called federal court and they told me they don't have anymore pro se packages and I can just file domestic lawsuit paying $350. I have no problem with this but I want to make sure if someone had to do this w/o civil cover and pro se package...Second question: do I file against the same names even so I live in Florida? Also I appreciate if anyone from Jacksonville or Florida already went through this and can give me any advice. Thank you a lot in advance. All of you are doing an incredible job!!!

 

[gzmbk1]

I live in Florida (Jacksonville); I had a citizenship interview in September of 2005. It was successful but the name check still pending. I was patiently waiting for 10 months and I am ready to file a lawsuit. As it was advised on this website (thank you everyone!!) I called federal court and they told me they don't have anymore pro se packages and I can just file domestic lawsuit paying $350. I have no problem with this but I want to make sure if someone had to do this w/o civil cover and pro se package...Second question: do I file against the same names even so I live in Florida? Also I appreciate if anyone from Jacksonville or Florida already went through this and can give me any advice. Thank you a lot in advance. All of you are doing an incredible job!!!

The US district attorney for florida is different, so is your district USCIS director. The rest of the people should be the same.

Can't you download the PRO Se package from the Florida US district court webpage? You should at least be able to download a documents that tells you on how to file a Pro Se for your district. At least that's what I did here in Maryland.

hope it helps a little

 

[Mr LA]

Updates

Hello everyone …..

I want to share with you my updates. I just hang-up with US Attorney , he informed me that the USCIS have sent my name check on July 05 “ the same week I filed my N-400” and now they “ USCIS” requesting to expiated my name check to the FBI . He is asking me for 60 or 90 days extension , I told him I will be more then happy to give him 30 day’s , so he said he need to make some phone calls and he will call me back. So will see

I wish the best to all of us ......

 

[hayyyoot]

Are we talking about a writ of mandamus or a naturalization hearing here??

Guys, I am very confused, when you say that you filed a law suit, do you mean a writ of mandamus? or a petition for a naturalization hearing??? please advice

 

[buggin]

Guys, I am very confused, when you say that you filed a law suit, do you mean a writ of mandamus? or a petition for a naturalization hearing??? please advice

It could be either one depending on whether the person is waiting for a Green Card approval (WOM) or naturalization (1447(b) petition).

 

[cuties]

Bunchs of thanks


Thanks a lot to both buggin milashka, and suzy. I was miss the time frame and now that with your helps it was clear to me.

I'll call the US. Att. tomorrow.

Best regards,
~C

 

[Barxotka]

Can't you download the PRO Se package from the Florida US district court webpage? You should at least be able to download a documents that tells you on how to file a Pro Se for your district. At least that's what I did here in Maryland.

hope it helps a little

Thank you for your advice but i can not find on the US district court website for North Florida Pro Se package for downloading. Is there any way that it called by different name? Also the clerk told me very clearly that they don't have it anymore and Local Rules state that we don't have to even file a cover letter. May be something has changed since 2005 and to file a lawsuit you need less documents?

 

[RealSuperK]

The US district attorney for florida is different, so is your district USCIS director. The rest of the people should be the same.

Can't you download the PRO Se package from the Florida US district court webpage? You should at least be able to download a documents that tells you on how to file a Pro Se for your district. At least that's what I did here in Maryland.

hope it helps a little

Although to be honest, I wouldn't put either one of them on the list of names since neither of them has anything to do with this. Stick with biggies - Mueller, Chertoff, and the Gonzales couple

K

 

[skyhigh7]

PACER search in CA southern district for I1447b and/or WOM

Has anybody successfully searched I1447b/WOM filing in southern district of CA? I cannot find any case involving Michael Chertoff, Robert Muller or Alberto Gonzales. any ideas?