Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Hello hayyyoot,hayyyoot said:
I'm almost certain that your case is ready to be approved but they are trying to teach you a lesson now. You sued us? OK, so we play by the law, which means that we lost jurisdiction so we can't adjudicate your case till the judge is not remanding it back to us. You can't really argue that you want first to adjudicate your case and after that you would dismiss the case, because you were arguing (correctly) that the court has exclusive jurisdiction as soon as you filed the lawsuit (even if you didn't say so explicitely, you would, if they would deny your application after you filed the complaint).
I would try the following: call Monday Mr. Gonzales, thank him much how nice and helpful guy he was in this case (get his benevolence) and tell him that you would more than happy to join his motion to remand with the addition of the following sentence: if USCIS fails to schedule the oath ceremony by 12/15/2006 as they signaled in their offer, this case should be re-opened in the district court.
These are last arm twisting games, you won, your case is essentially approved. If it would not so, they would not talk about scheduling the oath ceremony. They would simply say, that they are ready to adjudicate your case (which could be denial, also). So, in my opinion, it is unlikely that they are trying to trick you.
That's good, this means that you don't have to worry that USCIS would deny your application based on the fact that you came on a tourist visa. If you always followed the regulations, you should be fine. (Of course, it would be more reassuring if USCIS would think so also, rather than just me).gmlvsk said:
Madison04! This is fantastic! You made my day. This gives me a little glimmer that the system still works and ultimately the truth and justice prevails. I know that we all can cite plenty of counter-examples, but let's enjoy at least tonight and let's hope that ultimately all of our cases will have such a happy ending. Congratulations to your wife!Madison04 said:
Actually, I didn't just hear this. I am 100% sure that I read this in one of the similar cases' court documents, the response letter of USCIS, filed as an exhibit. Unfortunately, I don't remember in which case, I read in the last month several dozens of 1447(b)-based cases.waitingforblue said:
Hi gmlvsk,paz1960 said:
There was a user here on this forum by the ID of JoeF. If I recall it correctly, he cited a case which was denied becuase of this tourist visa thing. JoeF was an advocate that you can't have dual intent once you apply for a B2 visa. JoeF is no longer active on this board.
Also, I think another user on this forum is Sony2006 who was denied because he entered on F1 visa but later on adjusted through marriage. His N400 was denied on this basis that he never intended to study. Sony2006 appealed this decision and eventually was successful in convincing the officer that his true intent was to go to school. May be, if he is still around, he can elaborate more on this.
Just trying to give you some ideas so that you are ready for this.
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TheRock20148
Registered Users (C)
Must Read This
Bribe at washington (Fairfax) USCIS office.
http://www.cnn.com/2006/US/12/01/homeland.security/index.html
Hope no one has interview with this specific officer.
Bribe at washington (Fairfax) USCIS office.
http://www.cnn.com/2006/US/12/01/homeland.security/index.html
Hope no one has interview with this specific officer.
I don't know about Maryland but here in Michigan there are also two district courts, the Eastern and Western District of Michigan. Each court has a list which counties belong to their jurisdiction. So if you have to file a complaint in the district court where you reside, you have to look up and see, to which court your county of residence belongs. It is possible that the division in Maryland is similar.gmlvsk said:
PendingN400
Registered Users (C)
1447(b) Suit Victory
Exactly 2 weeks after filing a petition based on 8 U.S.C. 1447(b), rather unexpectedly I got an invititation for the upcoming oath ceremony (ironically along with the green receipt card of having received the summons and complaint from DC)! Everything happened pretty fast, I was asked to provide second set of finger print just one day after the defendants received my complaint. After one week I contacted the district's US Attorney and he said just that day he had requested an expedite on name check to DHS, but that it may take seveal weeks if not months before response is expected. And now, after 2 weeks after serving summons, I have obtained a letter for the oath ceremony.
Thanks to everyone on this forum, lately especially you Paz. Without the benefit of other members on this forum, I would not have been able to file my suit pro se. At any given point I have seen a member or two taking the leadership role and answering (at times rather menial) questions - Paz you now have the beacon. Please keep up the good work and I wish you and others the absolute very best of luck.
Exactly 2 weeks after filing a petition based on 8 U.S.C. 1447(b), rather unexpectedly I got an invititation for the upcoming oath ceremony (ironically along with the green receipt card of having received the summons and complaint from DC)! Everything happened pretty fast, I was asked to provide second set of finger print just one day after the defendants received my complaint. After one week I contacted the district's US Attorney and he said just that day he had requested an expedite on name check to DHS, but that it may take seveal weeks if not months before response is expected. And now, after 2 weeks after serving summons, I have obtained a letter for the oath ceremony.
Thanks to everyone on this forum, lately especially you Paz. Without the benefit of other members on this forum, I would not have been able to file my suit pro se. At any given point I have seen a member or two taking the leadership role and answering (at times rather menial) questions - Paz you now have the beacon. Please keep up the good work and I wish you and others the absolute very best of luck.
Fight Continues part x
I had my pre-trail conference scheduled for last week, just a day before the conference, the AUSA emails me stating:
"...... I was informed by the CIS that it has been given the go-ahead to finalize your naturalization application (apparently, even though the FBI check was completed in September, there were a few questions still unresolved). It should not be long now before you are contacted directly by the CIS regarding naturalization...."
In the same email he cited that he is going to ask the pre-trial conference to be moved due to a family matter where he will not be able to attend. Now the pre-trail is scheduled for next week....(not a lengthy delay compratively speaking)....but lets see what happens.
Who was CIS waiting for to work on the case? when the FBI results had been back for over 3 months....this department does not seem to stop amusing me everytime....
_______________________________
TImeline:
N-400 Filed: 09/01/05
FP: 09/22/05
Interview: 02/01/06 (name check pending)
1447b: 08/01/06
Oath: Who knows...
I had my pre-trail conference scheduled for last week, just a day before the conference, the AUSA emails me stating:
"...... I was informed by the CIS that it has been given the go-ahead to finalize your naturalization application (apparently, even though the FBI check was completed in September, there were a few questions still unresolved). It should not be long now before you are contacted directly by the CIS regarding naturalization...."
In the same email he cited that he is going to ask the pre-trial conference to be moved due to a family matter where he will not be able to attend. Now the pre-trail is scheduled for next week....(not a lengthy delay compratively speaking)....but lets see what happens.
Who was CIS waiting for to work on the case? when the FBI results had been back for over 3 months....this department does not seem to stop amusing me everytime....
_______________________________
TImeline:
N-400 Filed: 09/01/05
FP: 09/22/05
Interview: 02/01/06 (name check pending)
1447b: 08/01/06
Oath: Who knows...
PendingN400 said:
Congratulations PendingN400! This is wonderful news! You really deserved it, you are so helpful with very knowledgeable answers to many questions. Please stay around for a while and try to help others on this forum. i think that we need your expertise here.
I already gave up long time ago to try to figure out any pattern or logic how these cases are handled by USCIS and FBI. I just hope that one day my case will be also over. It is really nerve wrecking...
aka808 said:
Looks that very soon you will be able to change in your signature the "Oath: Who knows..." part. Congratulations!
I envy your sense of humour... Probably you are right and anyway better for your mental health that USICS can amuse you with these seemingly illogical actions. Sometimes I feel that they drive me nuts...Maybe one day I will be able to look back and laugh. But when?
There is no trend..or logic when it comes to these idiots..All one can hope for is that they try to do just .05% of their fricking jobs that they are to do.!!!!paz1960 said:
Collectively we will all, after falling, failing, fighting...will WIN! within due time...
I wonder if this can be used as help to file WOM.
For Family based application of UCS DHS promisses to finish in 6 months
http://www.dhs.gov/xlibrary/assets/...igrant_Processing_USCIS_Response-04-27-06.pdf
For Family based application of UCS DHS promisses to finish in 6 months
http://www.dhs.gov/xlibrary/assets/...igrant_Processing_USCIS_Response-04-27-06.pdf