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

nobigdeal said:
Finally it came to my turn. Filed AOS/WOM on 6/5 at EDNY, served on 6/6. On 7/27 cases transfered from VSC to NYC. AUSA missed the 60-day deadline so I filed Motion for Default Judgment on 8/8. AUSA called on 8/10 and asked for 30-day extension to resolve the case and I agreed. He called again on 8/17 and told me I was scheduled for interview on 8/24. On 8/23, congressman's office called NYC and confirmed name check is still NOT completed. Went to the interview at Federal Plaza, NYC with spouse on 8/24 without any high hope. Made us wait for 3 hours and called by a lady to her cubic (we were the last in the waiting area). Asked for documents such as tax, employment letter, birth certificate etc. Kept our passports then sent us out of the building for photocopies of some documents and pictures (we already went to biometrics 3 months ago. I think she just played god and enjoyed causing more trouble). Anyway, when we went back with stuffs that she wanted, she handed over our passports already stamped, said cases approved and you can go now. What puzzled me is that it seems name check is no longer a must now.
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Congratulations. what exactly was your biometrics appointment? they are now asking me to go for a biometrics appointment after my case was approved
 
help please

Hi all,

Can any one tell whether I should call district attorney repeatedly to find out what is going on with my WOM. I found out that my complaint, exhibits and summons were received by the office of the local district attorney.

Do I bug them repeatedly for following on my case with USCIS and for further steps in the process of approval of I-485. Does it help at all or will it take its own time.

Also tell me what is AUSA? Do I have to call them?
 
Assistant US Attorney :) In the most cases, this is who will bring the good news to you. You should contact with AUSA about one month after you serve US Attorney.

gcmera2 said:
Hi all,

Can any one tell whether I should call district attorney repeatedly to find out what is going on with my WOM. I found out that my complaint, exhibits and summons were received by the office of the local district attorney.

Do I bug them repeatedly for following on my case with USCIS and for further steps in the process of approval of I-485. Does it help at all or will it take its own time.

Also tell me what is AUSA? Do I have to call them?
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Last edited by a moderator:
Thank you so much, Kabi24. I know I can always get answer here. This forum is much much better and friendly than court's clerk and attorney :)

kabi24 said:
Hi there, you shouldn't have to do anything because the clerk is supposed to inform all parties of any decisions made by the judge.
You only re-serve the parties with any new documents you introduce...
in my case everytime the judge signs a motion or order all the parties receive copies of the documents from the clerk's office.
good luck
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AL11 said:
Congratulations. what exactly was your biometrics appointment? they are now asking me to go for a biometrics appointment after my case was approved
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They just take your picture, right index finger print and signature. The purpose is to make the card.
 
Hi, DWDY,

My case situation is very similar to yours. I am planning to file a Pro Se case also in Eastern District Court of Texas. Did you ask for the Pro Se package from the court clerk? The court website seems support e-filing? Please share your experience about the procedure in that court? Thanks a lot.

DWQY said:
Hi, all

I wanted to briefly describe my case and ask for your perspectives.

I filed a Pro Se case against USCIS and FBI about 2 months ago on the excessive delay of processing my I-485 application which was filed in Sept, 2003. A couple of weeks ago, after 60 days passed without an answer, I filed the motion for default judgment in court. Today, I got in touched with US attorney's office in that region (Eastern Texas). They told me that they were not served properly because I didn't include them in the filing and in order for them to respond, they (US attoreny) must be represented in the Defendents list and served accordingly when the case was filed. Therefore, they suggested me to start the process over and make sure they are served this time.

I used a copy of previous Complaint and never knew that I must include US Attorney as defendent and serve.

Does anyone has any experience or knowledge on my case? should I wait for the court ruling on default motion?

Thank you for sharing

Daniel
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Update for my Case (1447B petition)

1447(b) petition is filed on 8/24/06 and let's see what is going to happen.

Jack
 
cajack said:
1447(b) petition is filed on 8/24/06 and let's see what is going to happen.

Jack
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Good job,

We have to keep the courts nation wide busy with these kind of law sue's, so the bastards can get up from thier deep sleep, and do thier dam job.

Regards,

Moody
 
help please

Hi all,

Can any one tell whether I should call AUSA and explain him the situation. In fact my first fingerprints were expired and USCIS has not send me any notice for second fingerprints as of yet. So informing the same to AUSA would help me to speedup this process in any case? I am thinking they will take long time to get this done in the mutual correspondence between AUSA and USCIS I guess. Any tips to finish the case within the 60 days instead of going for extension. Thanks a lot.
 
Oath question

I got a speeding ticket after interview. Therefore, I have to say "Yes" for the question that asks if you committed any violation, in the oath form. Even though, I think it should not affect my oath, I would like to know how they will handle this. Does anybody have experience?


Thank you.
 
2nd attempt - Need Help

I got a call t'day from US Attorney and she informed that my Name Check has been Cleared. However She mentioned that the case can not be adjuducated since the Visa's are not currently available for India in EB2 Category. My 60day expires in next week. She mentioned that I voluntary withdraw the WOM and can resubmit if needed in future, or they will dismiss the case.

What should I do? Please advice voluntary withdraw? once they file motion to dismiss the case, what do I need to do?

I mentioned her that I am seeing the cases being Approved even now. She asked me to gather some information and she will go back to USCIS. I need to respond her by Friday or she will prepare to dismiss the case.

1. Do we have anyone whose I485 cases have been Approved recently and are from India.
2. Any information when the visa's will be available. I heard they will be availabe starting October, but I need to provide some information on that. She will then check with USCIS.
 
As I remember, there is an on-site officer in oath ceremony to review such change after interview.

wistar said:
I got a speeding ticket after interview. Therefore, I have to say "Yes" for the question that asks if you committed any violation, in the oath form. Even though, I think it should not affect my oath, I would like to know how they will handle this. Does anybody have experience?


Thank you.
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filing WOM

I am finally doing it. Today I am meeting the lawyer who's gonna file my WOM for N400. I can not wait anymore. Good luck to everyone and I'll keep you posted.
 
wistar said:
I got a speeding ticket after interview. Therefore, I have to say "Yes" for the question that asks if you committed any violation, in the oath form. Even though, I think it should not affect my oath, I would like to know how they will handle this. Does anybody have experience?


Thank you.
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If you got a ticket, they will want to make sure you paid the fine.
that's what happened to someone i knew. He got his ticket on the way to oath ceremony, and was told that he had to reschedule the ceremony until he had sent them a proof that the ticket was paid in full.
 
gzmbk1 said:
If you got a ticket, they will want to make sure you paid the fine.
that's what happened to someone i knew. He got his ticket on the way to oath ceremony, and was told that he had to reschedule the ceremony until he had sent them a proof that the ticket was paid in full.
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Thank you.

If my court date for speeding ticket is next month, they woule not allow to take the oath this month?
 
do not dissmiss the case.

samson_33 said:
I got a call t'day from US Attorney and she informed that my Name Check has been Cleared. However She mentioned that the case can not be adjuducated since the Visa's are not currently available for India in EB2 Category. My 60day expires in next week. She mentioned that I voluntary withdraw the WOM and can resubmit if needed in future, or they will dismiss the case.

What should I do? Please advice voluntary withdraw? once they file motion to dismiss the case, what do I need to do?

I mentioned her that I am seeing the cases being Approved even now. She asked me to gather some information and she will go back to USCIS. I need to respond her by Friday or she will prepare to dismiss the case.

1. Do we have anyone whose I485 cases have been Approved recently and are from India.
2. Any information when the visa's will be available. I heard they will be availabe starting October, but I need to provide some information on that. She will then check with USCIS.
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put the case in abeyance

Check the recommandation from this site:
http://www.ailf.org/lac/lac_pa_100605.pdf#search=%221447(b)%20dismiss%22

samson_33 said:
I got a call t'day from US Attorney and she informed that my Name Check has been Cleared. However She mentioned that the case can not be adjuducated since the Visa's are not currently available for India in EB2 Category. My 60day expires in next week. She mentioned that I voluntary withdraw the WOM and can resubmit if needed in future, or they will dismiss the case.

What should I do? Please advice voluntary withdraw? once they file motion to dismiss the case, what do I need to do?

I mentioned her that I am seeing the cases being Approved even now. She asked me to gather some information and she will go back to USCIS. I need to respond her by Friday or she will prepare to dismiss the case.

1. Do we have anyone whose I485 cases have been Approved recently and are from India.
2. Any information when the visa's will be available. I heard they will be availabe starting October, but I need to provide some information on that. She will then check with USCIS.
Click to expand...
 
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