Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
The Fight Continues
I wanted to share this with you all. SInce my last post where the AUSA had not responded and the judge had set a Pre-Trial for December, just last week Wednesday the AUSA filed an ANSWER to my Petition.
I have seen many answers on pacer and on this forum, difference here is that in the response the AUSA claims that the FBI sent the name check back to the USCIS in Sept 06' and since 120 days has not elapsed as of this date this case be dismissed.
Not that it will be (i am sure) but the mere fact that it has been over 2 months since the name check was cleared USCIS has yet to adjudicate is alarming.....what's next?
_____________
Timeline
N-400 Filed: 09/01/05
FP: 09/22/05
Interview: 02/01/06 (name check pending)
1447b Filing: 08/01/06
Answer from def: 11/22/06
Oath: ???????
I wanted to share this with you all. SInce my last post where the AUSA had not responded and the judge had set a Pre-Trial for December, just last week Wednesday the AUSA filed an ANSWER to my Petition.
I have seen many answers on pacer and on this forum, difference here is that in the response the AUSA claims that the FBI sent the name check back to the USCIS in Sept 06' and since 120 days has not elapsed as of this date this case be dismissed.
Not that it will be (i am sure) but the mere fact that it has been over 2 months since the name check was cleared USCIS has yet to adjudicate is alarming.....what's next?
_____________
Timeline
N-400 Filed: 09/01/05
FP: 09/22/05
Interview: 02/01/06 (name check pending)
1447b Filing: 08/01/06
Answer from def: 11/22/06
Oath: ???????
Depending on the result of your name check. If nothing came up, the case probably will be solved pretty soon, either before the Pre-Trial Conference or after that, worst case, judge will order that USCIS should adjudicate your case in 30 days (or some other deadline). If your name check showed something, it is possible that USCIS will call you for a second interview to clarify the issue. Finally, the worst case, USCIS can deny your application, but they can't do this till the case is with the court, at least in the 9th circuit court jurisdiction. In other districts USCIS tried to claim at least concurrent jurisdiction. But my guess is that you are now realy close to have your case approved and you should talk to your AUSA and try to work out something with him/her.aka808 said:I wanted to share this with you all. SInce my last post where the AUSA had not responded and the judge had set a Pre-Trial for December, just last week Wednesday the AUSA filed an ANSWER to my Petition.
I have seen many answers on pacer and on this forum, difference here is that in the response the AUSA claims that the FBI sent the name check back to the USCIS in Sept 06' and since 120 days has not elapsed as of this date this case be dismissed.
Not that it will be (i am sure) but the mere fact that it has been over 2 months since the name check was cleared USCIS has yet to adjudicate is alarming.....what's next?
_____________
Timeline
N-400 Filed: 09/01/05
FP: 09/22/05
Interview: 02/01/06 (name check pending)
1447b Filing: 08/01/06
Answer from def: 11/22/06
Oath: ???????
what should I do after serve the defendants
I filed WOM (regarding my pending 485) on Nov 7, and severed all the defendants already. I received all return receipts and I did the return service with the curt.
Now I cannot do anything except waiting. Is there any suggestions that what should I do now? Thanks a lot!
I filed WOM (regarding my pending 485) on Nov 7, and severed all the defendants already. I received all return receipts and I did the return service with the curt.
Now I cannot do anything except waiting. Is there any suggestions that what should I do now? Thanks a lot!
first step
Hello everybody, last week I went to the uscis office. The officer said they re waiting for the name check cleared by FBI. Now i m in 120 days after my interview. I m thinking to write letter to the congressman. Anybody has example of letter,private message if possible . I should tell him about name check problem or …. Really I need your help ………. Thanks
Hello everybody, last week I went to the uscis office. The officer said they re waiting for the name check cleared by FBI. Now i m in 120 days after my interview. I m thinking to write letter to the congressman. Anybody has example of letter,private message if possible . I should tell him about name check problem or …. Really I need your help ………. Thanks
US attorney info
I filed WOM a week ago and served all defendents. I do not see any US attorney assigned to my case yet.
What do you guys recommend should I wait for them to assign US attorney or I call them and inquire about who got assigned to my case?
I don't want to wait 60 days and then learn who got assigned to my case.
Any suggestions?
I filed WOM a week ago and served all defendents. I do not see any US attorney assigned to my case yet.
What do you guys recommend should I wait for them to assign US attorney or I call them and inquire about who got assigned to my case?
I don't want to wait 60 days and then learn who got assigned to my case.
Any suggestions?
In my opinion, you should call them and try to find out who is your AUSA as soon as possible. In many cases there is no entry in PACER immediately after AUSA was assigned to the case (Notice of Appearence), sometimes is filed only together with the answer or motion at the end of the 60 days. I'm sorry now that I waited more than 3 weeks till I contacted the USA's Office, the AUSA assigned to the case went in a 2 week vacation and I lost probably two valuable weeks. Of course, if you call them too early, there is a chance that nobody got assigned yet or the AUSA didn't have a chance to review your case, but as a general idea, I would recommend to try to build a relationship with your AUSA as early as possible, to leave enough time for him/her to put pressure on USCIS/FBI to complete the name check.wenlock said:
Publicus and the others earlier on this forum recommended to wait longer. I think, there is no generally valid rule.
Last edited by a moderator:
ann2006 said:
Rather than just waiting, you can read similar cases either on this forum or on PACER and try to prepare an Opposition to the motion to dismiss what AUSA may file at the end of the 60 days. You can hope that your case will be solved earlier but if not, you will have already a more or less ready opposition to their motion.
I got the same thing
I received the same letter. But I didn't get it from the court. I think the court should send me a copy, but I never get it. I found out there is something like that from my phone call to AUSA, and she sent me a hard copy. I guess since she got it from the court already, I don't have to send it to her any more. When is your conference? Do you know what to do on that conference? It is kind of confusing.
I received the same letter. But I didn't get it from the court. I think the court should send me a copy, but I never get it. I found out there is something like that from my phone call to AUSA, and she sent me a hard copy. I guess since she got it from the court already, I don't have to send it to her any more. When is your conference? Do you know what to do on that conference? It is kind of confusing.
olegb said:
attorney
How do I know who is my US attorney. Should I just call and ask who is my attorney when i call us attorney office?
I am not sure how they operate do you think they have some sort of automated system by which they can tell who got assigned to cases or some thing like this.
Any one who has gone through this please shed some light.
Thanks
paz1960 said:
How do I know who is my US attorney. Should I just call and ask who is my attorney when i call us attorney office?
I am not sure how they operate do you think they have some sort of automated system by which they can tell who got assigned to cases or some thing like this.
Any one who has gone through this please shed some light.
Thanks
I called the US Attorney's Office, the Civil Section, I introduced myself and told to the person (probably a receptionist or a clerk) that I filed a civil case, with the case number and Plaintiff's name and that I would like to find out who is the attorney assigned to this case. She looked up in a database and told me, who is the assigned AUSA and she was nice enough to transfer my call to this person. The whole thing was a pleasant experience, very curteous, nice people, willing to help.wenlock said:
I485 approved
I filed lawsuit on 10 Oct, and I got my I485 approved notice today. here I want to thank anyone especilly, paz1960 and whoever answered my questions. All of you help me l lot and give me confidence to get our right.
Here is my case:
Oct. 2003 fileI140 and I485
May I140 approved
name check pending for I485
I have some questions,
1.Ususally after I 485 got approved, how long do I need to get green card? because I want to go abroad on Chirstmas. I wonder if I can get green card before Chirstmas?
2. I have not contact the US attorney, and he did not contact me, do I need wait until I got green card then ask them to dismiss my case? If the attorney ask me to dismiss my case now, what should I do?
Thanks!
I filed lawsuit on 10 Oct, and I got my I485 approved notice today.
here I want to thank anyone especilly, paz1960 and whoever answered my questions. All of you help me l lot and give me confidence to get our right. Here is my case:
Oct. 2003 fileI140 and I485
May I140 approved
name check pending for I485
I have some questions,
1.Ususally after I 485 got approved, how long do I need to get green card? because I want to go abroad on Chirstmas. I wonder if I can get green card before Chirstmas?
2. I have not contact the US attorney, and he did not contact me, do I need wait until I got green card then ask them to dismiss my case? If the attorney ask me to dismiss my case now, what should I do?
Thanks!
Congratulations peter2006! One more victory.peter2006 said:I filed lawsuit on 10 Oct, and I got my I485 approved notice today.
Here is my case:
Oct. 2003 fileI140 and I485
May I140 approved
name check pending for I485
I have some questions,
1.Ususally after I 485 got approved, how long do I need to get green card? because I want to go abroad on Chirstmas. I wonder if I can get green card before Chirstmas?
2. I have not contact the US attorney, and he did not contact me, do I need wait until I got green card then ask them to dismiss my case? If the attorney ask me to dismiss my case now, what should I do?
Thanks!
1. I don't know how long it takes these days to get the actual green card, but you can go to the local USCIS office and they will stamp your passport, that stamp has the same value as the actual physical green card and you will be able to travel with that abroad. I did this in 1999 when I was waiting for the plastic green card.
2. In your lawsuit you asked the court to compel USCIS to adjudicate your petition, obviously you could not ask the court to compel USCIS to APPROVE your case and ISSUE you the plastic green card till certain time. So, in my opinion, because you got what you asked the court (your case was adjudicated), the lawsuit should be dismissed. I would do this after I got my passport stamped (i.e., after I am really sure that my petition was adjudicated). You can call after this the USA's Office and agree with the AUSA assigned to your case to submit a joint motion to dismiss. (S)he probably can take care of the wording, but ask her/him to see the draft before it is filed with the court.
lenscrafterslen
Registered Users (C)
who makes a difference in these lawsuits?
Gurus,
I have a friend who filed a WOM on his 485 name check on 10/30 and he got his green card 20 days later. On the other hand, I sued on 10/20 and am still hearing nothing at this moment.
Since these suits have the same defendants, I wonder what makes a difference across suits. Is it the AUSA or is it the judge?
Any insight appreciated.
Gurus,
I have a friend who filed a WOM on his 485 name check on 10/30 and he got his green card 20 days later. On the other hand, I sued on 10/20 and am still hearing nothing at this moment.
Since these suits have the same defendants, I wonder what makes a difference across suits. Is it the AUSA or is it the judge?
Any insight appreciated.
There are too many reasons why two similar cases started at the same time will have different timelines, so it is meaningless to speculate. One possible thing is that your AUSA is not putting as much pressure on USCIS/FBI than the other AUSA in the case you mentioned. I don't think that at this stage the judge is involved. The reason why your name check is stuck can be different than the reason why the other applicant's name check was stuck. And the speculation can be continued, we probably could invent dozens of reasons, but what's the benefit? Make sure that you do your part as best as you can and don't worry too much about factors which are out of your control.lenscrafterslen said: