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

Urgent help

My mandamus was filed a week ago. Today I called US attorney and she told me that she's planning to file a motion to dismiss my case. The reason she said is that the court does not have the proper jurisdiction. I live in San Diego; however, my I-485 was pending in the Nebraska Service Center. She claimed that, since I am not a citizen, I cannot file in where I reside. I asked her if this is what the law says. She said it's not in the statutes, but in the case law (there were previous cases). Please help. What should I do now? Any suggestions/comments would be greatly appreciated.
 
The US attorney who told you that does not know what she is talking about. I have several immigration attorneys whom I asked your question. They said if your reside in any area within the US legally, and you file your claim in the US court which has the jurestrictions over your residence, then you are doing it right and who ever told you otherwise is an idiot. So feel free to tell the US attorney that she has to be right and the rest of the casses filed are wrong or she is an IDIOT.
 
Thanks

Shaffi

Thanks. Then how should I response to her motion to dismiss?

SHAFFI said:
The US attorney who told you that does not know what she is talking about. I have several immigration attorneys whom I asked your question. They said if your reside in any area within the US legally, and you file your claim in the US court which has the jurestrictions over your residence, then you are doing it right and who ever told you otherwise is an idiot. So feel free to tell the US attorney that she has to be right and the rest of the casses filed are wrong or she is an IDIOT.
Click to expand...
 
rob waiter said:
I am filing the suit for the N-400 naturalization, which is very straightforward as the 120 statutory days were set by the law.
But if you believe your 485 is a very strong case, you just go for it!
best of luck
Click to expand...

Hi Rob,

Thank you so much for your help :)

As you said, you are filling the suit for the N-400 naturalization. I want to know is this only good for the application of citizenship? Could you explain what is N-400 naturalization？ Sorry for my silly question.

Thanks again!

Ann
 
How Does this H.R. 6095, Immigration Law Enfocement Act of 2006

affect our prospects. Is there any issues that you guys see.....
 
anybody filed I1447b in Southern District of CA

Hi, everyone:

Is there anyone filed I1447b in Southern district of CA? including San diego.
pls share your experiences. I saw Xu111 and oceanside filed WOM in San diego,but havent seen one I1447b filing. I am gonna file one very soon.

Thanks, Mr. LA for the good point.

skyhigh
 
ApplyInDenver said:
AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled :)

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!
Click to expand...

This is simply awesome. A-W-E-S-O-M-E!!!

Congrats!
 
Emta said:
Northern CA, filed in San Jose.
Click to expand...

Emta

looks like filing the law suit worked for you. Congratulations!! I had my interview on 4/2004 and am still stuck on name check. My wife is a USC and we are still waiting. I was hoping I could talk to you a little more offline regarding the law suit process in San Jose.

Look forward to hearing from you! Thanks.
 
ann,

N-400 is for citizenship application, while I believe
I485 is for greedcards.

best of luck in your persuit.
rob

ann2006 said:
Hi Rob,

Thank you so much for your help :)

As you said, you are filling the suit for the N-400 naturalization. I want to know is this only good for the application of citizenship? Could you explain what is N-400 naturalization？ Sorry for my silly question.

Thanks again!

Ann
Click to expand...
 
advise please

Can any one tell me whether it is still appropriate to talk to senator and to push further for early approval on the pending I-485 while WOM is still pending and due in next
30 days approximately. I am concerned whether this is a legal violation to do so after filing WOM. Thanks.
 
Last edited by a moderator:
Help needed

LegalAlien/jattindc/bashar and others, can someone please help me with the procedures for filing 1447b?

N-400 @ VSC
Washington, D.C. DO
PD: 06/03/05
FP: 08/25/05 (FBI reported back to USCIS the same day)
ID: 12/08/2005 (name check still pending; submitted
July 11, 2005)

Went to the District office couple of times with an infopass appointment and was told the same thing - name check still pending
Sent numerous letters and faxes to FBI

I don't want to wait any longer and want to pursue the legal route.
 
pls read first couple pages of the thread

citizen_kane said:
LegalAlien/jattindc/bashar and others, can someone please help me with the procedures for filing 1447b?

N-400 @ VSC
Washington, D.C. DO
PD: 06/03/05
FP: 08/25/05 (FBI reported back to USCIS the same day)
ID: 12/08/2005 (name check still pending; submitted
July 11, 2005)

Went to the District office couple of times with an infopass appointment and was told the same thing - name check still pending
Sent numerous letters and faxes to FBI

I don't want to wait any longer and want to pursue the legal route.
Click to expand...


Citizen Kane:

you may read first 10 pages of this thread, you will have much better idea.

skyhigh
 
Help

Ask the question again. Please help.

oceanside said:
My mandamus was filed a week ago. Today I called US attorney and she told me that she's planning to file a motion to dismiss my case. The reason she said is that the court does not have the proper jurisdiction. I live in San Diego; however, my I-485 was pending in the Nebraska Service Center. She claimed that, since I am not a citizen, I cannot file in where I reside. I asked her if this is what the law says. She said it's not in the statutes, but in the case law (there were previous cases). Please help. What should I do now? Any suggestions/comments would be greatly appreciated.
Click to expand...
 
oceanside said:
Shaffi

Thanks. Then how should I response to her motion to dismiss?
Click to expand...

Have you recived the motion to dismiss? If you have, please send it to me and I will help you to respond.

Basically, You can see any mandamus filed in the US court over your kind of application (i.e.I-485).

You will see almost any US attorney who chalenged the jurestrictions of the US court lost. So, I need to see the motion to help you further.

What this idiot (US attorney) is telling you and the court is that becuase you are not a US citizen you have no legal rights in this country (more or less). So dont worry and I will help you put them in their place.
 
gcmera2 said:
Can any one tell me whether it is still appropriate to talk to senator and to push further for early approval on the pending I-485 while WOM is still pending and due in next
30 days approximately. I am concerned whether this is a legal violation to do so after filing WOM. Thanks.
Click to expand...

Most Congressional offices will not get involved when a case has been filed. It is not illegal to ask, but they will not do anything at that point and when you file a suit againest the USCIS, the only one who has jurestriction over the case is the court itself. This means your congressman cant help you even if he wanted to.
 
rob waiter said:
regarding your 2 qs,
1. I went to the court in person.
2. I met the clerks through the wondow. But she was very nice to
a naive pro se filer like I am.

best of luck
Click to expand...

Hi rob_waiter. Can I intrude too? So, you met the clerk, and she signed and returned the Summons to you right there?
Also, you said you served USD attorney the same day. USD attorney is one of the defendents, right? Did you give them a Summon and a copy of your complain?
 
Really thanks

Hi, Shaffi

Thanks a lot. I feel much better now. I do not have the motion yet. The idiot said it would take her a week or so to prepare the motion. She suggested I could volunteerly withdraw the lawsuit as well. I will definitely fight to the end.

SHAFFI said:
Have you recived the motion to dismiss? If you have, please send it to me and I will help you to respond.

Basically, You can see any mandamus filed in the US court over your kind of application (i.e.I-485).

You will see almost any US attorney who chalenged the jurestrictions of the US court lost. So, I need to see the motion to help you further.

What this idiot (US attorney) is telling you and the court is that becuase you are not a US citizen you have no legal rights in this country (more or less). So dont worry and I will help you put them in their place.
Click to expand...
 
anil24 said:
Emta

looks like filing the law suit worked for you. Congratulations!! I had my interview on 4/2004 and am still stuck on name check. My wife is a USC and we are still waiting. I was hoping I could talk to you a little more offline regarding the law suit process in San Jose.

Look forward to hearing from you! Thanks.
Click to expand...
Sure. I will send now my e-mail to your private box. My husband is also USC. You are waiting so long! I regret I didn't filed lawsuite earlier. Good luck and contact me by e-mail if you have some questions.
 
sure, yes, I met the clerk, she signed and returned the summons, which
were prepared by myself.

I served US the same day by hand delivery. He/she is not a defendent.

IreneB said:
Hi rob_waiter. Can I intrude too? So, you met the clerk, and she signed and returned the Summons to you right there?
Also, you said you served USD attorney the same day. USD attorney is one of the defendents, right? Did you give them a Summon and a copy of your complain?
Click to expand...
 
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