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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Hello Moody, this is good news (the recommendation for approval), how this interview went today? What did the officer say when is it expected to have your oath ceremony?moody22 said:Paz1960,
You're doing a great job.
Please keep up the good work.
Regards,
Moody
I think that wenlock should get a big encouragement from your case, he also is stuck without an actual interview so he was forced to file WOM, instead of 1447(b), like you.
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Keeping hopes high
Ya I am feeling much better today after Moody's interview. I am hoping for same thing.
Paz1960 Thanks for that case you sent me. It is great help. Here is the response from Moody describing his interview experiance. He posted in his original post.
Originally Posted by moody22
Ok Friends, here is my interview experience today in Miami.
I arrived to the DO at 9.15 am, while the interview was scheduled at 9.50 am. The attorney arrived at 9.30 am. There were approximately 40 applicants for interviews. People were called for there interviews, even people who arrived after me were called, except me.
At about 11.00 am, My attorney went to the security officer to ask what’s going on, he answered him back to be just patient, you can wait any time between 15 minutes to two hours before we got called in.
Then my attorney and I started to get worried, we thought they have a special arrangement for me since I filed a law sue against them.
Around 11.15 am, an officer showed up, called my name and walked us to his office. On our way, he smiled and said: You have a big file with us; I didn’t get the chance to sort it out and go through all the documents there. I smiled, without any comments.
He made me raise my hand, and swear to say the truth, which I did. He didn’t ask for any documents, not even my driving license. He said he knows I don’t have the actual green card, since they took it away during the I-751 interview. He said you have the stamp in your passport, but this stamp might give you a hard time in the airport, I said yes, and it did already.
He went through the application very quickly, where you live, what you do for living, if I’m still married to my wife, have you been married before. He was marking on the application with a red pen for each of the information he verified. Then he went through the YES/ NO questions quickly. Then he gave me the Civic/ English test with 100% answer rate.
Then he said I can’t see any pictures in you application. I said I sent them along with my application, he searched again, found a photocopy for my pictures, but that’s about it. Thank god I had two pictures taken in Walgreen two days before the interview, just in case I’m going to need them in the interview.
He said that’s it, I’m recommending your application for approval. Then I asked him about the Oath. He said your application have not been stamped yet with the approval stamp since I have to go over it again, we have 120 days as you know, after that your attorney knows better than me.
He mentioned there is one on the 19th of December, but he doesn’t know if I’m going to make it or not, because there is many people there. ”The last Ceremony Miami had been last August as I remember”. I said I know there’s another one on the 20th, He said this one get cancelled since the convention center want to charge the government $55,000 for each ceremony, and they don’t have the required fund approved for that, also it’s the end of the year now, where all companies and other agencies has too many conferences and ceremony, so it is kind of hard for us to find a place to rent, and held the ceremony.
He printed the N-652, marked the box of:
1. You passed the Civic/ English test.
2. Congratulations! Your application has been recommended for approval. At this time, it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the oath ceremony.
That’s all about it. I felt 50% relief, I want to get the final approval and the oath letter today, but unfortunately you wont get everything you need at one time, that’s who life is.
What makes me really happy today is the officer attitude, very nice and professional person; I wonder why not the entire CIS officers are the same. He never mentioned anything about the law sue I filed, nothing about pending security checks crap, not even a single document, nothing.
What do you guys think: am I close enough to my Citizenship?
Best Regards,
Moody
paz1960 said:Hello Moody, this is good news (the recommendation for approval), how this interview went today? What did the officer say when is it expected to have your oath ceremony?
I think that wenlock should get a big encouragement from your case, he also is stuck without an actual interview so he was forced to file WOM, instead of 1447(b), like you.
Ya I am feeling much better today after Moody's interview. I am hoping for same thing.
Paz1960 Thanks for that case you sent me. It is great help. Here is the response from Moody describing his interview experiance. He posted in his original post.
Originally Posted by moody22
Ok Friends, here is my interview experience today in Miami.
I arrived to the DO at 9.15 am, while the interview was scheduled at 9.50 am. The attorney arrived at 9.30 am. There were approximately 40 applicants for interviews. People were called for there interviews, even people who arrived after me were called, except me.
At about 11.00 am, My attorney went to the security officer to ask what’s going on, he answered him back to be just patient, you can wait any time between 15 minutes to two hours before we got called in.
Then my attorney and I started to get worried, we thought they have a special arrangement for me since I filed a law sue against them.
Around 11.15 am, an officer showed up, called my name and walked us to his office. On our way, he smiled and said: You have a big file with us; I didn’t get the chance to sort it out and go through all the documents there. I smiled, without any comments.
He made me raise my hand, and swear to say the truth, which I did. He didn’t ask for any documents, not even my driving license. He said he knows I don’t have the actual green card, since they took it away during the I-751 interview. He said you have the stamp in your passport, but this stamp might give you a hard time in the airport, I said yes, and it did already.
He went through the application very quickly, where you live, what you do for living, if I’m still married to my wife, have you been married before. He was marking on the application with a red pen for each of the information he verified. Then he went through the YES/ NO questions quickly. Then he gave me the Civic/ English test with 100% answer rate.
Then he said I can’t see any pictures in you application. I said I sent them along with my application, he searched again, found a photocopy for my pictures, but that’s about it. Thank god I had two pictures taken in Walgreen two days before the interview, just in case I’m going to need them in the interview.
He said that’s it, I’m recommending your application for approval. Then I asked him about the Oath. He said your application have not been stamped yet with the approval stamp since I have to go over it again, we have 120 days as you know, after that your attorney knows better than me.
He mentioned there is one on the 19th of December, but he doesn’t know if I’m going to make it or not, because there is many people there. ”The last Ceremony Miami had been last August as I remember”. I said I know there’s another one on the 20th, He said this one get cancelled since the convention center want to charge the government $55,000 for each ceremony, and they don’t have the required fund approved for that, also it’s the end of the year now, where all companies and other agencies has too many conferences and ceremony, so it is kind of hard for us to find a place to rent, and held the ceremony.
He printed the N-652, marked the box of:
1. You passed the Civic/ English test.
2. Congratulations! Your application has been recommended for approval. At this time, it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the oath ceremony.
That’s all about it. I felt 50% relief, I want to get the final approval and the oath letter today, but unfortunately you wont get everything you need at one time, that’s who life is.
What makes me really happy today is the officer attitude, very nice and professional person; I wonder why not the entire CIS officers are the same. He never mentioned anything about the law sue I filed, nothing about pending security checks crap, not even a single document, nothing.
What do you guys think: am I close enough to my Citizenship?
Best Regards,
Moody
You are welcome, wenlock. And thanks posting Moody's interview experience. I wasn't aware of the other thread where he described this.wenlock said:Ya I am feeling much better today after Moody's interview. I am hoping for same thing.
Paz1960 Thanks for that case you sent me. It is great help. Here is the response from Moody describing his interview experiance. He posted in his original post.
I'm a bit anxious now, tomorrow I'll meet my AUSA in his office (at my request). I'll post my experience.
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Paz:
You will be fine tomorrow. It sounds like you got a pretty nice and professional. My best wish to your for meeting tomorrow.
Jack
You will be fine tomorrow. It sounds like you got a pretty nice and professional. My best wish to your for meeting tomorrow.
Jack
paz1960 said:You are welcome, wenlock. And thanks posting Moody's interview experience. I wasn't aware of the other thread where he described this.
I'm a bit anxious now, tomorrow I'll meet my AUSA in his office (at my request). I'll post my experience.
Hi, Paz:
Thanks for the responses. Best of luck to you tomorrow.
Skyhigh
Thanks for the responses. Best of luck to you tomorrow.
Skyhigh
paz1960 said:You are welcome, wenlock. And thanks posting Moody's interview experience. I wasn't aware of the other thread where he described this.
I'm a bit anxious now, tomorrow I'll meet my AUSA in his office (at my request). I'll post my experience.
Good luck
Good luck paz, let us know what happens.
Good luck paz, let us know what happens.
paz1960 said:You are welcome, wenlock. And thanks posting Moody's interview experience. I wasn't aware of the other thread where he described this.
I'm a bit anxious now, tomorrow I'll meet my AUSA in his office (at my request). I'll post my experience.
Need info
My assistant US attorney has just asked the judge to remand the case back to the USCIS, and I already filed an oposition, and I am getting myself ready for court if need be.
My question to you is: How can I get a copy of a case if it is too old, and not posted on Pacer anymore, the government has asked the judge to refer to the case of Sze et al v. INS et al, Pacer only lists the docket dates, and doesn't offer an option to download the actual documents. I would like to study the case before I go to court (if I went to court), do you have any suggestions on how to get a copy of the complaint, and the other documents in that case??
Here is the header as listed by Pacer:
3:97-cv-00569-SC Sze, et al v. INS, et al
Samuel Conti, presiding
Date filed: 02/18/1997
Date terminated: 07/24/1997 Date of last filing: 10/22/1998
I just have a feeling that this case might not be similar to mine, since it was filed in 1997 before the writ of mandamus law was ever created.
I would realy appreciate any help in that.
Here are my details:
N400 RD 11/17/05
ID: 4/21/06
1447: 8/28/06
USA served same day
10/26/06 request for extension of time
granted by judge in few days
11/21/06 motion to remand back to USCIS based on above case
oposition filed on 11/22/06
Response due by defendants: 12/14/06
AUSA contacted me last week, and requested that I file for an emergency motion to remand because they will POSSIBLY schedule my oath ceremony on 12/15/06, however, stopped returning my calls when I emailed him and called him and requested that any motion to remand or dismiss should be singned by both parties, and should contain firm dates, he aparently won't do that, so, I assume he was lying, just wanting to get rid of me. So, I am getting ready for court
Please advise
My assistant US attorney has just asked the judge to remand the case back to the USCIS, and I already filed an oposition, and I am getting myself ready for court if need be.
My question to you is: How can I get a copy of a case if it is too old, and not posted on Pacer anymore, the government has asked the judge to refer to the case of Sze et al v. INS et al, Pacer only lists the docket dates, and doesn't offer an option to download the actual documents. I would like to study the case before I go to court (if I went to court), do you have any suggestions on how to get a copy of the complaint, and the other documents in that case??
Here is the header as listed by Pacer:
3:97-cv-00569-SC Sze, et al v. INS, et al
Samuel Conti, presiding
Date filed: 02/18/1997
Date terminated: 07/24/1997 Date of last filing: 10/22/1998
I just have a feeling that this case might not be similar to mine, since it was filed in 1997 before the writ of mandamus law was ever created.
I would realy appreciate any help in that.
Here are my details:
N400 RD 11/17/05
ID: 4/21/06
1447: 8/28/06
USA served same day
10/26/06 request for extension of time
granted by judge in few days
11/21/06 motion to remand back to USCIS based on above case
oposition filed on 11/22/06
Response due by defendants: 12/14/06
AUSA contacted me last week, and requested that I file for an emergency motion to remand because they will POSSIBLY schedule my oath ceremony on 12/15/06, however, stopped returning my calls when I emailed him and called him and requested that any motion to remand or dismiss should be singned by both parties, and should contain firm dates, he aparently won't do that, so, I assume he was lying, just wanting to get rid of me. So, I am getting ready for court
Please advise
paz1960 said:Hello Moody, this is good news (the recommendation for approval), how this interview went today? What did the officer say when is it expected to have your oath ceremony?
I think that wenlock should get a big encouragement from your case, he also is stuck without an actual interview so he was forced to file WOM, instead of 1447(b), like you.
Dear Paz1960,
Please click the link below for my Int Exp.
Regards,
http://boards.immigrationportal.com/showthread.php?t=223103&page=3
paz1960 said:You are welcome, wenlock. And thanks posting Moody's interview experience. I wasn't aware of the other thread where he described this.
I'm a bit anxious now, tomorrow I'll meet my AUSA in his office (at my request). I'll post my experience.
Paz1960, Don't worry, just have faith and proceed, you will be just fine.
Wenlok, Don't worry man, since you already filed the WOM, the pastards will move on and grant you the benifit you're entitled to. they don't have other choice, Trust me.
Best wishes for both of you.
Moody
PendingN400
Registered Users (C)
Heavyhoot...
To me it appears that CIS is willing to adjudicate your application. I find it hard to believe that the US Attorney will lie about such matters - they have their professional reputation at stake. I would suggest you attempt to meet in person or have another phone conversion and then if you do consider the remand option cite the verbal conversation to leave the door open for you to come back to court. There is something legal regarding filing a motion to remand/dismiss with prejudice (please research) which allows you to reopen your case.
To me it appears that CIS is willing to adjudicate your application. I find it hard to believe that the US Attorney will lie about such matters - they have their professional reputation at stake. I would suggest you attempt to meet in person or have another phone conversion and then if you do consider the remand option cite the verbal conversation to leave the door open for you to come back to court. There is something legal regarding filing a motion to remand/dismiss with prejudice (please research) which allows you to reopen your case.
1447 b Uodate, Need advice again
Hello Everybody,
here is my update :
Got an order Hearing from the court and here is some of it :
" This case is before the Court on Defendant's Objection to the Magistrate Judge's Report and recemmendation. The Court will Hold a hearing on the Objection on December 20, 2006 .............................At the hearing defendants should be prepared to give the current status of the plaintiff's FBI name check and, if it is not yet completed, a projected completion date. "
What do you guys think about this, do u thing that it is a positive sign?
I filed my 1447 on 06/01/2006 and contacted the US attorney ot the end of june , after asking for 30 days extension, he filed a motion to dismiss , i replied and then the Magistarte judge had a report that the Us attorney objected to and then I replied after that Us attornet replied to my response...
It is long way , it has been 6 months now and this is the first hearing.
My question is :Shall I Contact the US attorney again and see if there is anything we can do before the hearing? or shall I just go with the process , but I really do not know if i should complete this thing PRo se , or try to find a lawyer.
Any advice will be appreciated
thanks
Hello Everybody,
here is my update :
Got an order Hearing from the court and here is some of it :
" This case is before the Court on Defendant's Objection to the Magistrate Judge's Report and recemmendation. The Court will Hold a hearing on the Objection on December 20, 2006 .............................At the hearing defendants should be prepared to give the current status of the plaintiff's FBI name check and, if it is not yet completed, a projected completion date. "
What do you guys think about this, do u thing that it is a positive sign?
I filed my 1447 on 06/01/2006 and contacted the US attorney ot the end of june , after asking for 30 days extension, he filed a motion to dismiss , i replied and then the Magistarte judge had a report that the Us attorney objected to and then I replied after that Us attornet replied to my response...
It is long way , it has been 6 months now and this is the first hearing.
My question is :Shall I Contact the US attorney again and see if there is anything we can do before the hearing? or shall I just go with the process , but I really do not know if i should complete this thing PRo se , or try to find a lawyer.
Any advice will be appreciated
thanks
What options?
Well, my assistant US attorney is not reputable, see case of v. Chertoff, he promised the guy that his N400 will be adjudicated within 2 weeks, and then stopped responding all together, he currently refuses to talk to me, the only recent correspondence I got from him was through his paralegal, I posted a copy of her email on an earlier post.
How can I file a remand with a possibility to reopen???????????
Well, my assistant US attorney is not reputable, see case of v. Chertoff, he promised the guy that his N400 will be adjudicated within 2 weeks, and then stopped responding all together, he currently refuses to talk to me, the only recent correspondence I got from him was through his paralegal, I posted a copy of her email on an earlier post.
How can I file a remand with a possibility to reopen???????????
PendingN400 said:Heavyhoot...
To me it appears that CIS is willing to adjudicate your application. I find it hard to believe that the US Attorney will lie about such matters - they have their professional reputation at stake. I would suggest you attempt to meet in person or have another phone conversion and then if you do consider the remand option cite the verbal conversation to leave the door open for you to come back to court. There is something legal regarding filing a motion to remand/dismiss with prejudice (please research) which allows you to reopen your case.
Last edited by a moderator:
PendingN400
Registered Users (C)
I was not aware of an email trail. If you have an email stating that they are willing to adjudicate by a certain date, i would file that as an exhibit and request your judge to remand the application to CIS with instructions - these instruction must include a time-bound deadline to adjudicate within 30 or 60 days (within reason). Separately though you need to ascertain whether there are any complications related to name check - if there is derogatory information, CIS will likely deny and that would still be considered adjudication.
I think that it is a good idea to talk to AUSA, (s)he can make a difference, considering their channels to the FBI and USCIS.said904 said:Hello Everybody,
here is my update :
Got an order Hearing from the court and here is some of it :
" This case is before the Court on Defendant's Objection to the Magistrate Judge's Report and recemmendation. The Court will Hold a hearing on the Objection on December 20, 2006 .............................At the hearing defendants should be prepared to give the current status of the plaintiff's FBI name check and, if it is not yet completed, a projected completion date. "
What do you guys think about this, do u thing that it is a positive sign?
I filed my 1447 on 06/01/2006 and contacted the US attorney ot the end of june , after asking for 30 days extension, he filed a motion to dismiss , i replied and then the Magistarte judge had a report that the Us attorney objected to and then I replied after that Us attornet replied to my response...
It is long way , it has been 6 months now and this is the first hearing.
My question is :Shall I Contact the US attorney again and see if there is anything we can do before the hearing? or shall I just go with the process , but I really do not know if i should complete this thing PRo se , or try to find a lawyer.
Any advice will be appreciated
thanks
The order for a hearing sounds good, at least defendants have to give some definite timeline when they intend to complete your case. I could not speculate more, there are several documents you didn't share with us, so without knowing the details, it's hard to say anything.
PendingN400
Registered Users (C)
Said904...
In my conversation with the US Attorney, I was told that some of the expedited name checks are themselves taking several months to clear - leaving the US Attorney fewer options - first seek extensions and then filing motions to dismiss using jurisdiction or other issues. In your case you are fortunate to receive judicial support as it appears that the judge is willing to exert pressure in obtaining name check results in timely manner. I would go to the conference keeping in mind that no naturalization has ever taken place in absence of completed name checks. Courts have never de neuvo granted any naturalizations - so it may be pruduent to have patience and offer defendants additional time to obtain these.
In my conversation with the US Attorney, I was told that some of the expedited name checks are themselves taking several months to clear - leaving the US Attorney fewer options - first seek extensions and then filing motions to dismiss using jurisdiction or other issues. In your case you are fortunate to receive judicial support as it appears that the judge is willing to exert pressure in obtaining name check results in timely manner. I would go to the conference keeping in mind that no naturalization has ever taken place in absence of completed name checks. Courts have never de neuvo granted any naturalizations - so it may be pruduent to have patience and offer defendants additional time to obtain these.
I faced the same problem with some older cases; I could not find them on PACER. I assume, that if the decision was published, it should be accessible in the Federal Register or maybe you can find something with Westlaw or Lexis. I didn't use any of these services, but I believe that they are for fee. The documentation for the mentioned case is most likely already buried in some archive, it will be really difficult to obtain a copy.hayyyoot said:My assistant US attorney has just asked the judge to remand the case back to the USCIS, and I already filed an oposition, and I am getting myself ready for court if need be.
My question to you is: How can I get a copy of a case if it is too old, and not posted on Pacer anymore, the government has asked the judge to refer to the case of Sze et al v. INS et al, Pacer only lists the docket dates, and doesn't offer an option to download the actual documents. I would like to study the case before I go to court (if I went to court), do you have any suggestions on how to get a copy of the complaint, and the other documents in that case??
Here is the header as listed by Pacer:
3:97-cv-00569-SC Sze, et al v. INS, et al
Samuel Conti, presiding
Date filed: 02/18/1997
Date terminated: 07/24/1997 Date of last filing: 10/22/1998
I just have a feeling that this case might not be similar to mine, since it was filed in 1997 before the writ of mandamus law was ever created.
I would realy appreciate any help in that.
Here are my details:
N400 RD 11/17/05
ID: 4/21/06
1447: 8/28/06
USA served same day
10/26/06 request for extension of time
granted by judge in few days
11/21/06 motion to remand back to USCIS based on above case
oposition filed on 11/22/06
Response due by defendants: 12/14/06
AUSA contacted me last week, and requested that I file for an emergency motion to remand because they will POSSIBLY schedule my oath ceremony on 12/15/06, however, stopped returning my calls when I emailed him and called him and requested that any motion to remand or dismiss should be singned by both parties, and should contain firm dates, he aparently won't do that, so, I assume he was lying, just wanting to get rid of me. So, I am getting ready for court
Please advise
But I remember something about this case, reading in an other judge's opinion. This case was brought to the court as a test case, trying to obtain a decision from the judge to compel defendants to adjudicate the application and Plaintiff didn't ask the judge to decide the matter in court. There is some reference to this case in US v. Hovsepian (vaguely remember something that Hovsepian overturned some parts of the Sze v. INS decision; I'll check this evening).
I got reponse from AUSA, Pls help to explain
I finally got a letter from AUSA, it is a letter for a 30-day extension, but the interesting thing is that the letter says:
"The parties anticipate that this case will become moot before Defendants are required to answer the Complaint and, therefore, do not anticipate needing to request an additional extension"
I would like to know whether this indicates that the AUSA wants to settle out of the court and I will get my 485 approved within the 30 days, or this is the standard language that AUSA uses in a 30-day extension letter to buy some time (in order to fight or do whatever in their mind)?
Also, does LUD change during the WoM period? Mine does not change at all, does anyone have experience on that?
Thank you all.
I finally got a letter from AUSA, it is a letter for a 30-day extension, but the interesting thing is that the letter says:
"The parties anticipate that this case will become moot before Defendants are required to answer the Complaint and, therefore, do not anticipate needing to request an additional extension"
I would like to know whether this indicates that the AUSA wants to settle out of the court and I will get my 485 approved within the 30 days, or this is the standard language that AUSA uses in a 30-day extension letter to buy some time (in order to fight or do whatever in their mind)?
Also, does LUD change during the WoM period? Mine does not change at all, does anyone have experience on that?
Thank you all.