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

[PendingN400]

US Att.

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.

My experience is similar. In my case initially the clerk/receptionist who answered my phone call was hesitant to put me in touch with the assistant US Att., but with persistence, I was able to get through. The attorney was himself was very polite and professional. We exchanged contact information and was told that all cases automatically receive the expedite on name checks via DHS. Even these expedited checks lately are taking much longer due to the volume of cases filed, but we have to keep our fingers crossed. Barring any complications in your applications, we can simply hope that each petition (485 or N400) receives an automatic expedite on name checks, and the intent of the the contact with US Att should be to verify that this did take place. There is not much else we can do.

 

[lenscrafterslen]

which US attorney office did you call? the local one right?

My experience is similar. In my case initially the clerk/receptionist who answered my phone call was hesitant to put me in touch with the assistant US Att., but with persistence, I was able to get through. The attorney was himself was very polite and professional. We exchanged contact information and was told that all cases automatically receive the expedite on name checks via DHS. Even these expedited checks lately are taking much longer due to the volume of cases filed, but we have to keep our fingers crossed. Barring any complications in your applications, we can simply hope that each petition (485 or N400) receives an automatic expedite on name checks, and the intent of the the contact with US Att should be to verify that this did take place. There is not much else we can do.

 

[oblomov]

Whre invition to the outh ceremony sent from?

Hello everybody,
Is that true that invitation to oath ceremony to Florida residents would be sent from Texas Service center?
That is what AUSA told me.
He also told me that I should receive invitation on the ceremony that will be on 19-th of December, but I still didn't get (as of 28th of November) any letter from USCIS with the invitation

 

[PendingN400]

which US attorney office did you call? the local one right?

Yes, the US Attorney in the local federal court district where you filed your complaint for either the 485 or naturalization represents the government. You need to figure out who the local US Attorney is...

 

[wenlock]

Automatic

My experience is similar. In my case initially the clerk/receptionist who answered my phone call was hesitant to put me in touch with the assistant US Att., but with persistence, I was able to get through. The attorney was himself was very polite and professional. We exchanged contact information and was told that all cases automatically receive the expedite on name checks via DHS. Even these expedited checks lately are taking much longer due to the volume of cases filed, but we have to keep our fingers crossed. Barring any complications in your applications, we can simply hope that each petition (485 or N400) receives an automatic expedite on name checks, and the intent of the the contact with US Att should be to verify that this did take place. There is not much else we can do.

I am little confuse by the term automatic name check expedite. Is this some thing that US attorney do at his part with DHS or it is result of Complaint recieved by DHS office or local district office?

I am trying to get in touch with my US attorney according to lady at civil section it is not entered into system yet. She told me to check by the end of week. Lets see how it goes.

This is first time I am hearing that name check get automatic expediate request after complaint.

 

[frankxie]

Got my GC after WOM

Finally, it is over after over 5 years.

Filed WOM on 10/06 and served defendents the next day. Did my 2nd FP on 11/06 and GC was approved 40 days after my WOM and got the card a couple of days later.
Now all I need is to dismiss my case.

I really have to thank this forum and all the help I am getting here and good luck to everyone is still waiting.

You will prevail!!!

EB2, PD 07/2001
140, I485 filed 10/2004
140 AP 1/2005
I485 AP 11/2006 after 40 days WOM!

 

[waitingforblue]

Please Help! US Attorney filed motion to dismiss

Hi, I had been waiting for longer than a year for my name check to clear but gained hope by reading this forum and decided to file a lawsuit based on 8 U.S.C 1447 (b). Today ( 62nd day after serving defendants) I received a motion to dismiss from the US Attorney here in the Eastern District of Virginia ( Alexandria ). I had filed pro se and now am in a bind about what to do.
Please help with any suggestions. The US attorney cites danilov vs Aguirre to say that the 120 day period does not begin with the initial interview but rather can only start once the examination is over ( which includes the background check ). Also citing Danilov vs. Aguirre , the us attorney also claims that the court does not have jurisdiction over such a matter.


Please advise me ! I have been waiting for the rights of a citizen and cannot believe, bureaucratic bs has caused me so many problems over almost two years. thanks, in advance.

 

[peter2006]

a question for frankxie

Finally, it is over after over 5 years.

Filed WOM on 10/06 and served defendents the next day. Did my 2nd FP on 11/06 and GC was approved 40 days after my WOM and got the card a couple of days later.
Now all I need is to dismiss my case.

I really have to thank this forum and all the help I am getting here and good luck to everyone is still waiting.

You will prevail!!!

EB2, PD 07/2001
140, I485 filed 10/2004
140 AP 1/2005
I485 AP 11/2006 after 40 days WOM!

Congratulations! how long did you get the plastic green card after your I485 approved? What should you do when you got I485 approved? Do you need to do fingerprint for your green card again? Thanks!

 

[LAmorocco]

Notice of appearance from US atty. What does it mean?

Dear All,
I received a letter (Notice of Appearnce) today from US attorney that reads "Please enter the appearance of Assistant US attorney XX as counsel fe the defendants Chertoff, Gonzales etc etc etc". What does this letter mean? Am I supposed to respond?
Thanks so much
Regards

 

[paz1960]

Dear All,
I received a letter (Notice of Appearnce) today from US attorney that reads "Please enter the appearance of Assistant US attorney XX as counsel fe the defendants Chertoff, Gonzales etc etc etc". What does this letter mean? Am I supposed to respond?
Thanks so much
Regards

Hello LAmorocco, this is absolutely normal; with this letter, the counsel of the defendants notifies the court that (s)he will be representing them in this case. Because the obligation to send a copy of any document filed with the court is reciprocal, this is the reason why you got this notification. You don't have to respond, but from this letter you know for sure, who is the AUSA assigned to your case (if you didn't find out earlier by calling the USA's Office). However, reviewing lot of dockets on PACER, I noticed that this rule is not strictly enforced in every court. There are districts where the AUSA files this notice of Appearance in the same day when (s)he files the answer or a motion, there are places where this Notice of Appearance is not filed at all.

 

[LAmorocco]

Hello LAmorocco, this is absolutely normal; with this letter, the counsel of the defendants notifies the court that (s)he will be representing them in this case. Because the obligation to send a copy of any document filed with the court is reciprocal, this is the reason why you got this notification. You don't have to respond, but from this letter you know for sure, who is the AUSA assigned to your case (if you didn't find out earlier by calling the USA's Office). However, reviewing lot of dockets on PACER, I noticed that this rule is not strictly enforced in every court. There are districts where the AUSA files this notice of Appearance in the same day when (s)he files the answer or a motion, there are places where this Notice of Appearance is not filed at all.

paz1960,
Thanks very much for your prompt reply. The letter was confusing, I wasn't sure what to do.
Thanks again

 

[snorlax]

Hi, I had been waiting for longer than a year for my name check to clear but gained hope by reading this forum and decided to file a lawsuit based on 8 U.S.C 1447 (b). Today ( 62nd day after serving defendants) I received a motion to dismiss from the US Attorney here in the Eastern District of Virginia ( Alexandria ). I had filed pro se and now am in a bind about what to do.
Please help with any suggestions. The US attorney cites danilov vs Aguirre to say that the 120 day period does not begin with the initial interview but rather can only start once the examination is over ( which includes the background check ). Also citing Danilov vs. Aguirre , the us attorney also claims that the court does not have jurisdiction over such a matter.


Please advise me ! I have been waiting for the rights of a citizen and cannot believe, bureaucratic bs has caused me so many problems over almost two years. thanks, in advance.

I have not filed anything yet, so this is not an advice, just a thought. You can find pretty good arguments in the attachments to posts #2032 and #5767.

Best of luck!
snorlax

 

[bashar82]

waitingforblue,
there are two or three cases in other districts where danilov v. aguirre was distinguished and ignored. cite those cases in your motion. the cases can be found on this board.

 

[sfdurrani]

Finally filed my WOM!

Hi Guys!!
I finally filed my WOM one day before Thanksgiving 11/22/2006. I received the summons at the same time and mailed these to defendents same day. I mailed the USA copy of summons and complaint on 11/24/2006. It was received by USA on 11/27/2006 and today I got my return receipt (green slip). The defendents have not yet received the summons and complaints in Washinton DC. As per rules I read on this forum the 60 days time period starts the date USA is served. Here is my question for the forum: Has my 60 day count started even though the defendentshave not received the complaints yet?
Appreciate the response.

sfdurrani
EB1/EB2
I-485 RD Oct 4, 2004
Name check pending Oct 9,2004

 

[paz1960]

Hi Guys!!
I finally filed my WOM one day before Thanksgiving 11/22/2006. I received the summons at the same time and mailed these to defendents same day. I mailed the DA copy of summons and complaint on 11/24/2006. It was received by DA on 11/27/2006 and today I got my return receipt (green slip). The defendents have not yet received the summons and complaints in Washinton DC. As per rules I read on this forum the 60 days time period starts the date DA is served. HEre is my question for the forum: Has my 60 day count started even though the defendentshave not received the complaints yet?
Appreciate the response.

sfdurrani
EB1/EB2
I-485 RD Oct 4, 2004
Name check pending Oct 9,2004

Good luck with your filed lawsuit!

I hope that you sent the summons+complaint to the US Attorney's Office and not the the District Attorney (DA). Some people make confusions about the federal districts (that's where these immigration cases are handled) and the state DA offices, which have nothing to do with the immigration issues.

I don't quite understand your last question: you stated that you read on this forum the rule that the 60 days start when the USA's Office is served (this is correct, you can find this rule in the FRCP, I think that I posted this rule 3 or 4 times in the last couple of weeks) and you are still asking the forum the same question. My answer is unchanged; some members had different interpretation (see, e.g., SHAFFI).

 

[LAmorocco]

HEre is my question for the forum: Has my 60 day count started even though the defendentshave not received the complaints yet?
Appreciate the response.

There is a controversy in this forum on when the 60 days start. A few in the forum stated that the 60 days start when the last defendant is served. I guess, to be conservative, it's better to count after last defendant is served.
Cheers

 

[paz1960]

Hi, I had been waiting for longer than a year for my name check to clear but gained hope by reading this forum and decided to file a lawsuit based on 8 U.S.C 1447 (b). Today ( 62nd day after serving defendants) I received a motion to dismiss from the US Attorney here in the Eastern District of Virginia ( Alexandria ). I had filed pro se and now am in a bind about what to do.
Please help with any suggestions. The US attorney cites danilov vs Aguirre to say that the 120 day period does not begin with the initial interview but rather can only start once the examination is over ( which includes the background check ). Also citing Danilov vs. Aguirre , the us attorney also claims that the court does not have jurisdiction over such a matter.


Please advise me ! I have been waiting for the rights of a citizen and cannot believe, bureaucratic bs has caused me so many problems over almost two years. thanks, in advance.

Hello waitingforblue,
First of all, don't panic, nothing unusual happened to you, many people got at the end of the 60 days period a Motion to Dismiss from AUSA, the argument is always based on Danilov v. Aguirre. The two things you are referring are related: if the interpretation of examination is the one adopted by the Danilov court, the 120 days period is not counted from the date of the interview, so the court has no jurisdiction over the case. But as bashar82 mentioned, there are several decisions (more than 3) where Danilov was rejected and the court assumed jurisdiction. That is the easier part to argue. Theoretically the court can decide your application but without a completed name check I didn't see a single case decided in court. The other option what the statue allows is to remand the matter to the Service with appropriate instructions. This is where you will need to concentrate most of the efforts to convince the judge to remand your case with a specific timetable, otherways you would be back at square one.

Bottom line: you have to prepare an Opposition to the Motion to Dismiss and file that Opposition with the court in the time limit defined in your local court rules (in my district 28 days after the defendants filed their motion). You should send a copy also to the AUSA.

 

[frankxie]

Congratulations! how long did you get the plastic green card after your I485 approved? What should you do when you got I485 approved? Do you need to do fingerprint for your green card again? Thanks!

Thanks. I got my GC in about a week after they approved my case. I did my 2nd code 1? (10 fingers) FP about 2 weeks before they approved my case. Based on the info on the approval notice, it seems that USCIS can approve your case even your FP is expried. But you need to do the FP again before they issue you the GC. The clerk in the court told me that I just need to file a paper in the court to withdraw my case volunteerly due to the fact that my case was adjusted. I do not have to inform the US attorney since they have not filed any answer on my case. I could let them know this though.

 

[frankxie]

Dear All,
I received a letter (Notice of Appearnce) today from US attorney that reads "Please enter the appearance of Assistant US attorney XX as counsel fe the defendants Chertoff, Gonzales etc etc etc". What does this letter mean? Am I supposed to respond?
Thanks so much
Regards

No.You do not have to respond. It just means that Assitant US attorney XX will represent the defendents. It is standard filing from US attorney. You should get his phone number on that notice and you can call him to inquire your case. My US attorney is very nice and freindly.

 

[oblomov]

Anybody who get invitation to the oath ceremony. When you got the invitation, how many days before the oath date it was?
Thank a lot
Oblomov