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

[paz1960]

How do you remove your attorney from your case so you can proceed Pro se?

I have a problem with my attorney. He is very irresponsible. Since he has been paid in full and upfront, he does not care about my case and he actually fired me last week for pressuring him to file a motion for the last 2 months to do his job and file a motion which he agreed to do. I was not aware that the attorneys could fire their clients!

Does anyone know a quick procedural way for me notifying the court that, that he is no longer my attorney (without having his signature on it) so I can proceed pro se in my case. If I wait for him to file a a withdrawal, it could take months and the judge could make a ruling on my case by then (since my 1447(b) case is ripe for adjudication).

Can I, by myself, file a motion and ask the court to withdraw the attorney of record from my case without having my attorney's signature on it?

Please advise, thank you kindly!

Yes, I would file a motion, which can be very brief, just asking the Court to withdraw the attorney from the records and replace him with you as Pro Se. You should send a copy also to AUSA. There is some way to put on the first page "Expedited handling requested" or something like that. I believe that this is important, because the timing of the full process. I saw on the webpage at the link I posted to your initial question about this issue, that all the schedule (like deadline to answer, court hearing, etc.) should stay unchanged even if you replace your attorney. Although I saw a case in the Southern California district, where a WOM Plaintiff Pro Se hired a counsel after the case got somewhat complicated and the counsel asked some extension time, arguing that (s)he was hired only shortly before an answer was due.

 

[HopeN400]

thanks

Good luck HopeN400, go for it. We are a team and will help each others and always remember in our prayers.
Thank you.

786riz

I really appreciate that. I have gone through a very painful story with USCIS. Unfair treatment that you could never even imagine. However, I still have hope.

 

[hayyyoot]

How can I contact Michael Cannon?

Happyball;
How can I contact Michael Cannon, how long did it take him to respond to your inquiry letter???

Dear Mr. LA,

I recieved the similiar letter about one month ago directly from Michael Cannon as follows,
" A review of FBI's name check program database revealed that your request was recieved from the USCIS on 01/22/05. This submission was processed and finalized on 09/14/06. XXX(my spouse)'s request was also recieved from the USCIS on 01/22/05, and was processed and finalized on 09/15/06. In each case, the results were forwarded to the USCIS headquarters, Washington, D.C."

So your letter is really good sign and this tells you your name check should be completed on 08/15/06. If now still no any progress, should be some mistakes happened for your case in USCIS(most likely). You should tell your AUSA about this right now and also fax a copy of this letter to him/her. I feel sorry to know USCIS made the weird mistake to you (I heard this happened before) and dragged you that long.

Anyway, I pretty make sure you will hear your good news soon.


Best wishes and good luck!

 

[happyball]

Happyball;
How can I contact Michael Cannon, how long did it take him to respond to your inquiry letter???

Hi, hayyyoot

As I know you can request your senator, congressman or first lady etc. to inquire your name check status from FBI and then will get the answer from Michael Cannon at most situations. By my experience it is pretty hard to get the answer from FBI if you directly contact them and all these inquiries take at least one month to get the answer back to you.

Best wishes!

 

[Haddy]

Congratulations!!!

Dear all my Friends on this Forum!!!

Congratulations to all those who have won since I last time visited and Congratulations to those too who are winning... and Congratulations to those too who found this forum and preparing themselves to fight against these loosers @#$%^...

I saw Dhua case... CONGRATULATIONS...

Dear Friends,

if you read this forum from A to Z... you would understand that USCIS (Defendants loose their jurisdiction once a complaint is filed against them in court especially in 1447b Natz cases and also in WOM cases... but still they adjudicate most of our cases succesfully as there is usually nothing against us like any criminal background or etc so if they deny our cases at that time we can go back to court that they did not had any jurisdiction to deny a case not only that we can also question the reasons upon which they deny a case... so basically Defendants in this case USCIS knows that they had no other way but to adjudicate our cases they don't have anything to stand on... because frankly speaking no matter what these sob's think about security checks (the purpose of which is very noble and we all agree it should be there and every one should go thru this process BUT WITHOUT ANY DELAYS) they can not use the same reason over and over again for hundreds of thousands of cases for years and years... so like I always say don't dismiss your case unless they do their jobs for which you have paid them to do with your applicaiton fees... and not to forget we have tons of cases where these sob's adjudicate our cases even before the answer due... so basically don't be worried and afraid about the technical language of jurisdiction because all these SOBs have to do is process your case... and you can always dismiss your case after they have processed your case...

Zoro3, I am for your "National Petition" too...

Bushmater, you went thru you case already and was granted LPR so legally they cannot that legal action especially when they were satisfied and legally adjudicate your case and granted you GC if they don't agree with it now you can always throw their own shit on them that they have not made up their mind even though you are fighting for this country (shame on USCIS, if they do that to you)

 

[netmn]

name check is still pending after WOM filed

Hi All,

I was told by the AUSA today that my name check was still pending after I filed the WOM on Sept 26, 2006. Now there are only two weeks left before the deadline and the hearing looks inevitable. My FOPIA result is "no record" and I don't know why FBI still cannot resove it.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office San Jose: Oct 12, 2006

 

[lotechguy]

Hi All,

I was told by the AUSA today that my name check was still pending after I filed the WOM on Sept 26, 2006. Now there are only two weeks left before the deadline and the hearing looks inevitable. My FOPIA result is "no record" and I don't know why FBI still cannot resove it.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office San Jose: Oct 12, 2006

Did the AUSA tell you if an expedite request was made to FBI ?

 

[netmn]

Did the AUSA tell you if an expedite request was made to FBI ?

She told me she contacted FBI. She did not tell me whether expedite request was made or not.

 

[EAin2005]

Urgent! Gurus please help! FBI did not return receipts, what to do?

All gurus here, an urgent question. FBI still has not returned the receipts after 3 weeks. IS it normal? I got the receipts from USCIS. I sent the summons to FBI, office of general counsel. Is it wrong? Anyone ever has similar experience? Thanks a million.

EA

Hello valerit1,

I saw a case (I believe in the Western Washington district, but I may be wrong), where AUSA asked for a 30 days extension, arguing that Plaintiff served him with the order to show cause just one day before the due date. Plaintiff just called AUSA to find out some details or news about his case, that time AUSA found out about the judge's order to show cause. From this case I would think that you need to serve AUSA with a copy of the Order to show cause ASAP. Even if the court sent AUSA a copy of this order, just to be on the safe side, I would send a copy to AUSA with certified mail, return receipt requested. (or deliver them in person, if you are in the same town).

Besides this, I don't believe that you have to do anything (except prepare yourself for the next step).

 

[cajack]

By deadline I assume you are talking about the 60th day after you serve the defandents and the AUSA has to file an answer on or before that day. Well, you still have two weeks left and a lot of things can happen within next two weeks. It might be three possible ending before the 60th day. The first is that your name check is completed and you and your AUSA will work on an agreement for your oath and lawsuit. The second, is your AUSA comes back and you for an extension to file an answer. The third is your AUSA will file an answer only, then you and your AUSA will meet in front of the horonable judge to discuss the next step.

In my case, my AUSA did not ask for an extension and just filed an answer to my compliant on the 60th day. It looked like that we would have to go to our conference in front of the judge on 11/20. However, on 11/8, I got a call from my attorney and he told me that my name check was cleared and USCIS was scheduling my oath. On the same day, I received my oath letter when I got home.

Therefore, you should just relax and wait and see what is going to happen.

Hope it helps,

Jack

Hi All,

I was told by the AUSA today that my name check was still pending after I filed the WOM on Sept 26, 2006. Now there are only two weeks left before the deadline and the hearing looks inevitable. My FOPIA result is "no record" and I don't know why FBI still cannot resove it.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office San Jose: Oct 12, 2006

 

[netmn]

Hi Jack,

Thanks so much for your encouragement. Now I feel relaxed. Even if I need to go to court eventually, I will definitely fight to the end since so many people here can support me.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office San Jose: Oct 12, 2006
Name check still pending....

By deadline I assume you are talking about the 60th day after you serve the defandents and the AUSA has to file an answer on or before that day. Well, you still have two weeks left and a lot of things can happen within next two weeks. It might be three possible ending before the 60th day. The first is that your name check is completed and you and your AUSA will work on an agreement for your oath and lawsuit. The second, is your AUSA comes back and you for an extension to file an answer. The third is your AUSA will file an answer only, then you and your AUSA will meet in front of the horonable judge to discuss the next step.

In my case, my AUSA did not ask for an extension and just filed an answer to my compliant on the 60th day. It looked like that we would have to go to our conference in front of the judge on 11/20. However, on 11/8, I got a call from my attorney and he told me that my name check was cleared and USCIS was scheduling my oath. On the same day, I received my oath letter when I got home.

Therefore, you should just relax and wait and see what is going to happen.

Hope it helps,

Jack

 

[khalafah2000]

oath ceremony

I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.

 

[paz1960]

All gurus here, an urgent question. FBI still has not returned the receipts after 3 weeks. IS it normal? I got the receipts from USCIS. I sent the summons to FBI, office of general counsel. Is it wrong? Anyone ever has similar experience? Thanks a million.

EA

Hello, EAin2005,

I printed out from the USPS web tracking site the confirmation of delivery pages and together with the green slip (the receipt you received at the post office when you mailed the letter) I filed these as proof of service. In my court they accepted them. I saw reports that there are courts where they actually request the returned "green cards" (return receipts) from the defendants. Please check with your local court if the USPS web printouts are acceptable.

 

[dreamtoGC]

Summons

Hi All gurus especially, PAZ1960
Finally, I filed complaint with summons today!
I took the first step forward GC. Thanks to all folks!
But I have curiosity after filing summons. Since I filed complaint through Pro Se, I did not put my name & address in the space for the Plaintiff's Attorney on summons, just right below the space for the defendant and Address. Is that a problem?
Should I go court clerk again or wait for what is going on?
Please advise me!
Thanks

 

[moody22]

I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.

Congratulation khalafah2000.

Mission well accomplished.

 

[cajack]

Congratulations. Another victory for this forum.

Jack

I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.

 

[paz1960]

Hi All gurus especially, PAZ1960
Finally, I filed complaint with summons today!
I took the first step forward GC. Thanks to all folks!
But I have curiosity after filing summons. Since I filed complaint through Pro Se, I did not put my name & address in the space for the Plaintiff's Attorney on summons, just right below the space for the defendant and Address. Is that a problem?
Should I go court clerk again or wait for what is going on?
Please advise me!
Thanks

I don't know if the court or the defendants will accept the summonses as you filled them. But if they want to cause you problems, they can, based on the fact that you didn't fill them out properly. You should put your name and address in the space for the Plaintiff's attorney (you are your own attorney, Pro Se). In the space for the defendant and address you should put the name and address of Chertoff, and so on. (In my court I had to fill out as many summonses as defendants were named in the complaint +1 for the US Attorney's Office in my district. There are courts with different local rules.) I would check with the court's clerk to try to find out if the summonses filled as you did are acceptable or not. I would accept them, but I'm not making the rules... If you go back to the clerk anyway, take with you a second set of summonses filled out properly. If they tell you that the originally filed ones are not acceptable, you save yourself one additional trip and some time. If they don't care, well, you just lost "n" pages you printed out uselessly.

 

[paz1960]

I filed my case through a very distinguished lawyer. The defendants were served on Oct 18 and on Oct 30(12 days afterwards), I got oath letter in mail for Nov. 17 oath ceremony.

I wonder why USCIS/AUSA didn't even wait for 60 days and even try to fight little bit? Any comments, would love to hear atleast few.

Any last minute advice about the oath ceremony?

Anyway, I told my beloved lawyer that I definately want to attend the oath ceremony and later he should advise the court that case has become moot due to my citizenship. He agreed. Anybody has a different opinion?

On another note, I just came back from my home country after 3 weeks vacation. No problems at the airport at all. Some people in the forum suggested that immigration may try to retaliate there due to my pending lawsuit.

Congratulations, khalafah2000! It's always comforting to see that we can add one more case to the "V" column. And don't be sorry for the lack of fight. Sometimes this can be very lenghty and if the judge is not too simpathetic, (s)he can assume jurisdiction and remand your case back to USCIS with the instruction: "solve the case after the FBI check is complete", which in our case means that we are exactly back at square one, just like before the lawsuit. I don't think that AUSA or USCIS finds any particular fun in fighting these cases in court, so I assume that they are just happy that your case (and any other similar case) is over before the whole lawsuit advances.

For the oath ceremony I would recommend to bring with you your passport and prepare in advance a little note with the travel dates, duration and country where you travelled outside US since your interview. They will ask you about this specifically, as well as about any possible traffic violation etc. So if you had a speeding ticket or something like that, have the paperwork with you to be able to show them that you paid the fine.

 

[skyhigh7]

update on my case

HI, Guys:

just update on my case. I spoke to AUSA assigned to my case today. He is very courteous and understands our plight. He mentioned that my expediated name check is set to FBI on Oct 17th, and hopefully we should hear something soon. He alsmo mentioned that my case should be resolved within 3 months, which is kinda long. Gurus, any ideas who initiated the expediated name check? AUSA ask CIS? or CIS by itself?

Wish us all good luck,
Sky

PS I am one of the few people filed I1447B in souther district of CA, in San diego. Not many people here filed.

 

[junhuaw]

Actually I have received receipts from all but FBI, which was sent on Oct 11. Just go ahead and use the web print out.

All gurus here, an urgent question. FBI still has not returned the receipts after 3 weeks. IS it normal? I got the receipts from USCIS. I sent the summons to FBI, office of general counsel. Is it wrong? Anyone ever has similar experience? Thanks a million.

EA