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

Moon_g:

I wouldn't think that they need to wait for your "certification of service" tp start working on your case. For my case, I haven't filed my "certification of service" and I probably will never file it now.

In my district we can print out USPS web status and file as proof of services. If your court requires the signed green card, I would wait for it for a few weeks. My understanding is that the 60 days start from the date when all defendants (including district us attorney) are served (some version says from us attorney being served), so when to file "certification of service" is not that important.

Good luck!

Moon_g said:
Hi! everyfriend here,
1. I came to our District Court in Chicago downtown last Friday. The court clerk told me that I have to wait for all Signed Green Card back then return the summons with Certification of Service to them. What should I do if I don't have all the Green Card back?

2. I drop by the US Atty office in the same building with the court. The clerk told me my case has been assigned to a lady, then I called her. She told me she will work on my case and contact with USCIS and FBI to solve the case out of court next week.
My questions is that Is it possible that ASUA begin to work on my case BEFORE my Certification of Service is sent back to the court?

Looking forward to your reply!
Thanking you!!
Click to expand...
 
I Did It!!

I got my oath letter today. Thank Rahul, Publicus, Suzy and everyone in this forum. Wish everybodies here all the best!

Portuch
-------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
2ne Fingerprint done on 09/27/06
Stipulation for 30-Day accepted, new deadline is 11/09/06
Oath letter: 11/06/06
Oath date: 11/17/06
 
BosN400 said:
Sorry, the last post messed up with the quoted email in yellow. Here is the copy:
------------------------------
Congratulations to you, Rob_Waiter!

At least you are one step closer than I am, although we filed almost at the same time.


Today (Nov 06, 2006) I received an email from Assistant United States Attorney (quoted below):

"I am the Assistant United States Attorney assigned to defend the United States in this matter and I write to discuss a possible resolution of your claim. I am informed by CIS that your application for naturalization would be approved by CIS if the matter is remanded to the agency.

In the past, I have filed agreements with Plaintiffs that the matter would be remanded for sixty days, and if the United States has not filed a Notice with the Court that you have been naturalized within sixty days, the agreement would provide that the case would automatically be restored to the Court' Docket.

Please let me know if you would agree to remand to Citizenship and Immigration Services on these conditions, that is, on the condition that you be naturalized and given the oath of citizenship within 60 days. "

His email is kind of vague as to when the 60 day will actually begin. Also, sounds like there is a chance that a 60-day extension will not guarantee the approval, and therefore, this process will go back to the court again and with another 60 days (hinted here) ?

I am not sure whether I need to reply to his email and how to reply. Welcome any suggestions.

BosN400.
------------Case info.------Boston --------------------------
N400 Submitted: Dec. 29, 2005
FP: Jan 20, 2006
Interview Date: May 15, 2006 (after a reschedule)
-----Passed all but pending Background Check----
1447B filed: October 3, 2006 (AUSA received October 5)
--------------------------------------------------------------
Click to expand...

If they are ready to approve your application, why they need 60 days!!
30 days is enough, you should contact the AUSA and inform him that you agree only about 30 days.

Good luck.

Moody
 
Congratulations

Congratulations Rob_Waiter....

You did it. I am very happy for you. I think you should be ok with dismissal.

Enjoy.......


rob waiter said:
I sent an email to my AUSA last Friday querying the update
of my case.

I just got a message back saying that my case has been cleared
and I will be sworn on 12/6.

the next step is to remand the case back to uscis.
the draft stipulation says we "jointly move this Honorable Court to remand this matter to the United States Citizenship and Immigration Services (“USCIS”)
up to and including December 6, 2006."

will this dismissal be good from your points of view??
please advise.
Click to expand...
 
boston-case,
I am glad you are still visiting this board.
Thank you very much for your encouragement.
It appears the system is working. if the USCIS
and FBI are pushed to do something, they CAN
make it fast.

tell us about your oath! I went to my wife's last month.
it was very exciting!

rob


boston_case said:
Congratulations Rob_Waiter....

You did it. I am very happy for you. I think you should be ok with dismissal.

Enjoy.......
Click to expand...
 
Thanks Junhuaw! That is very kind of you to answer my questions. by the way, is your case also in Nabraska Service Center?
Thank you again!
 
Hearing date

Today my attorney office called me to inform that there's a hearing date on Thursday 11/9. The attorney will go and take care of it.

Does anybody knows what's in the hearing, and what is the outcomes in should expect??

Regards,

Moody
 
I think you are talking about pretrail conference. In this conference, attornies from both side suppose to meeting with judge to discuss the issue and set up a trail date. It is what I understanded. My attorney will attend the conference for my case on 11/20.

good luck,

Jack

moody22 said:
Today my attorney office called me to inform that there's a hearing date on Thursday 11/9. The attorney will go and take care of it.

Does anybody knows what's in the hearing, and what is the outcomes in should expect??

Regards,

Moody
Click to expand...
 
rob waiter said:
boston-case,
I am glad you are still visiting this board.
Thank you very much for your encouragement.
It appears the system is working. if the USCIS
and FBI are pushed to do something, they CAN
make it fast.

rob
Click to expand...

Congrats, rob waiter! I am so happy for you!
 
cajack said:
I think you are talking about pretrail conference. In this conference, attornies from both side suppose to meeting with judge to discuss the issue and set up a trail date. It is what I understanded. My attorney will attend the conference for my case on 11/20.

good luck,

Jack
Click to expand...

Hi Jack,
Nice to hear from you again, and thanks for the answer.
Isn't weard that the Judge set-up this hearing only 9 days after i filed the WOM.

P.S: The attorney's tricks: My attorney want to put my case on a certain Judge ducket, and he was watching for 2 weeks until certain judge was avilable, then he filed immidiately, he get the judge he wanted. ;)
 
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Moddy:

I don't think it is a bad sign that the judge ask for a hearing right away. At least, you don't have to wait for too much time. I had waited for almost 3 month for thos hearing, because AUSA can not get my name check resolve since I filed my compliant. If they really setup a trail date, it will be at least 2 month from now. It means that I have to wait for another 2, 3 month to get the final answer from the court.

Good luck,

Jack

moody22 said:
Hi Jack,
Nice to hear from you again, and thanks for the answer.
Isn't weard that the Judge set-up this hearing only 9 days after i filed the WOM.

P.S: The attorney's tricks: My attorney want to put my case on a certain Judge ducket, and he was watching for 2 weeks until certain judge was avilable, then he filed immidiately, he get the judge he wanted. ;)
Click to expand...
 
Thanks, Irene.

I got one more confirmation from the AUSA:
once the court issues the ramand order,
the CIS will issue the oath letter and send to me. The AUSA will transmit an electronic copy to me
as well. So with all the likelihood, my case will
have been resolved.

looking back, my contact with the Boston AUSA
has been fine. I have been lucky enough to work with an AUSA who is professional and understanding. This forum has been great.
I am indebted to this site. I acutally have become
a frequent visitor since 1999, the year
when I began to do my 485. This is
by far the friendliest and most helpful
website I have ever encountered. So it is
of our maximum interest to keep it in this
way.

many thanks. I will keep you posted on
my progress and will be happy to share
with you my thoughts, experiences, happiness
and anxiety!

rob



IreneB said:
Congrats, rob waiter! I am so happy for you!
Click to expand...
 
Good Judges are part of the winning equation

Like I said, you can stack the odds on your side if you know how your judges'
reputation & past rulings pattern. Good or bad judges. For those who do not know how to target a judge & time your filing , please go to Pacer web site and do a little back ground research on these lawsuits in your district. Search for 1446 cases for 6 months to 1 year back. Judges will have past records of their ruling and temperment to these cases. Check in the first week of the month and you will most likely see which judges will be assign to these cases. If you've done your homework you should find cases where the outcome are handle positively and whom the judge were and file your case when he is being assign to cases that month. Like wise if it a bad judge with a bad record
then you want to wait. If he has no record, but has a national reputation to uphold then he will want to rule in favor of justice.

So besides a good petition, you need a good judge on your side to make the
AUSA to work harder.

moody22 said:
Hi Jack,
Nice to hear from you again, and thanks for the answer.
Isn't weard that the Judge set-up this hearing only 9 days after i filed the WOM.

P.S: The attorney's tricks: My attorney want to put my case on a certain Judge ducket, and he was watching for 2 weeks until certain judge was avilable, then he filed immidiately, he get the judge he wanted. ;)
Click to expand...
 
Another Defeat for Name Check Monster!

I would like to share my experience with folks who choose to fight to get what they are entitled to by LAW. Since the day of my interview, when the officer smiled and said not to worry.... background checks are resolved in matter of a couple of months, I could tell what they were up to. We went through the same nonsense when my wife naturalization got stuck for more than 2 years. My wife and I knew that there is no magical 120-day time limit statute that can be used for WOM. So we collected everything (from the contact info of the interviewer all the way to FBI, Congressman, Senator responses and ofcourse Infopass disappointments.... All IN WRITING.

I decided to file the WOM, ProSe, no matter what happens because I could always bring a good lawyer on board to take care of the appeal process. To our surprise, we did not get the pleasure to talk to US Attorney, because two weeks after we served the defendants, a letter from District Director arrived in which it was written the case is ready for completion.. I guess he meant adjudication.... The finger prints had to be re-taken. Another two weeks after the fingerprints were taken, we received the approval letters for both I130 and I485.

We came to this conclusion that the WOM worked like a charm. There was no way to get them moving this quick without litigation. I am indepted to all the folks who shared their experience in this thread. I sincerely hope that everyone's misery ends soon, and this Name Check Monster Program gets the kick. It is so stupid and unfair that innocent people who choose a legal path to immigration are penalized and those who do not are rewarded.

Just keep fighting for your rights and you will prevail!

Cheers...

- Crusher
 
Another judge tip

Ask some members of this forum with successful and bad cases and ask
them which judge were assigned to their cases. For example if you live in Boston area or want to file in Boston ask people in this forum from Boston who their judge were and in Houston or L.A. etc. Do a little research if the
judge have ever rule on these cases on Pacer. And check for other judges so
you don't have to wait forever.

The judges that are inclined to hear these cases will make the AUSA work harder. The judges that oppose these cases will make the AUSA work less harder and file their routine defense and dismissal motion. So helpful tips to make your lawsuit winnable and less of a drain.

Remember you can not pick your judge as per say for your case but you can make it possible by doing some research and time the execution when he available for filing. It more than a crap shoot. Good luck and don't roll the dice on your case.
 
The unluck ones

If you check the Lawsuit Summary there are 11% of the cases that pending more than 3-4 month. There should be a new column, cases that have been terminated by the judge and failed which is like 5%. This forum is building a vewry good track record that the lawsuits are working accept for those few
unlucky one. And if you are those few, I regret the law and justice have let you down. Most likely the judge and your AUSA that was assign to you had failed you miserably. But your loss is not in vain, we learn that not all judges and district are not the same and help us position our cases to be stronger.

My experience I filed in Houston TX, after I discovered
6 or 7 cases was out right thrown out b/c of a bad judge with a attitude. And district rulings can change from easy to hard easily b/c of a new USA or CIS Director, which happen to change in Houston on may/06. For those who do not want to fall under the fail column do your research in your district and judge. I write this b/c I could have been the unluck ones too and this forum
save me from that column. Thanks everyone who contribute.
 
Crusher said:
I would like to share my experience with folks who choose to fight to get what they are entitled to by LAW. Since the day of my interview, when the officer smiled and said not to worry.... background checks are resolved in matter of a couple of months, I could tell what they were up to. We went through the same nonsense when my wife naturalization got stuck for more than 2 years. My wife and I knew that there is no magical 120-day time limit statute that can be used for WOM. So we collected everything (from the contact info of the interviewer all the way to FBI, Congressman, Senator responses and ofcourse Infopass disappointments.... All IN WRITING.
Click to expand...

Congratulations Crusher. You made an effort and you got the well deserved victory.

I am also waiting for approval on my case. After WOM, my 2nd FP was done on 11/2. Hopefully, I will have good news to share soon.

One question for you and others: Mine is a marriage based application. Due to the delay, I am eligible to get non-conditional GC. Are we required to have 2nd interview to show that marriage is in good standing?
 
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Thank you memme, Your approval is in the works! Unless, your DO requires you to do so, you don't have to worry about a second interview. I heard in some cases they asked for the couple to show up. Those are rare cases though... Mine was a 3 year-old marriage at the time of interview.

I beleive you should not worry about removing conditions anymore... the only good :eek: thing about that name check delay.


memme said:
Congratulations Crusher. You made an effort and you got the well deserved victory.

I am also waiting for approval on my case. After WOM, my 2nd FP was done on 11/2. Hopefully, I will have good news to share soon.

One question for you and others: Mine is a marriage based application. Due to the delay, I am eligible to get non-conditional GC. Are we required to have 2nd interview to show that marriage is in good standing?
Click to expand...
 
How to accept or reject an extension request from AUSA?

As the 60 days from my I485 WoM will end soon, Kindly let me know what would be the procedural way to respond to the extension request? Is there a form that needs to be filled and filed to the court? Is there a time limit within which I need to respond? Any template would be of great help.

Although it appears that my case is moving, I am kind of predicting that I will receive an extension request from my AUSA in a day or two.
 
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