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

[paz1960]

Yes, it is odd, but we are all people and can be sick. Today was the last day that I had to sign ADR forms with my AUSA and I could not get hold on her since monday (including sending her fax). So today I just went to her office, signed my portion and left her to finish the rest. Also I sent my signed copy to ADR office. At least I follow the standard procedure of the case and the rest after her.
I did my second FP 14 days after filing my WOM and it is already 79 days since I filed WOM - so far NC is not cleared and nobody ordered expedite namecheck. Probably everything depends on your luck, same as in casino. Does not matter u r poor/reach/muslim/romanian/etc.

Hello kefira,
Did you have to write anything specific in this ADR form or you had to sign it only? I wander if this ADR is something new and now is part of each distirct policy. In what district did you file?

 

[kefira]

ADR Process

Hello kefira,
Did you have to write anything specific in this ADR form or you had to sign it only? I wander if this ADR is something new and now is part of each distirct policy. In what district did you file?

Good question and I guess I need to update everybody about it, since many people now will have to go till end...

I am in Northern California district. As I understood, it is a special procedure for the people who files PerSe. It means court/"somebody" tries to resolve the case before it goes to the judge. What u need to do? Go to the website with ADR forms and you and your AUSA need to sign together 2 forms and file it with the court. You should do it no later then 21 days before your hearings. One form is certificate of ADR - you put your name, case number and your defendants name and aknowledge that you r familiar with the ADR process. Second form u write same information and then check box that you want telephone conference with your AUSA and independent person. Also u write down your email address and your phone number and fax number. If life would be perfect, then AUSA who is more experienced in all legal staff, would do it first and then only send you the forms to sign it and send it back to him. BUT in not perfect case (mine for example) I had to go to the court and meet with AUSA that is sick for couple days already, leave my signed copy of ADR and go home. Also it is good idea to fax your signed copy to the ADR office (that I did already yesterday, since I could not get hold of my AUSA). I am not sure if AUSA will be at work today and will sign his copies, but at least I follow the process. If you have more questions regarding ADR you should call to ADR office and ask to talk to attorney who is managing it. This is what I did yesterday. Lady was very nice and polite and she walked me through the forms. It was amazing.

 

[paz1960]

Good question and I guess I need to update everybody about it, since many people now will have to go till end...

I am in Northern California district. As I understood, it is a special procedure for the people who files PerSe. It means court/"somebody" tries to resolve the case before it goes to the judge. What u need to do? Go to the website with ADR forms and you and your AUSA need to sign together 2 forms and file it with the court. You should do it no later then 21 days before your hearings. One form is certificate of ADR - you put your name, case number and your defendants name and aknowledge that you r familiar with the ADR process. Second form u write same information and then check box that you want telephone conference with your AUSA and independent person. Also u write down your email address and your phone number and fax number. If life would be perfect, then AUSA who is more experienced in all legal staff, would do it first and then only send you the forms to sign it and send it back to him. BUT in not perfect case (mine for example) I had to go to the court and meet with AUSA that is sick for couple days already, leave my signed copy of ADR and go home. Also it is good idea to fax your signed copy to the ADR office (that I did already yesterday, since I could not get hold of my AUSA). I am not sure if AUSA will be at work today and will sign his copies, but at least I follow the process. If you have more questions regarding ADR you should call to ADR office and ask to talk to attorney who is managing it. This is what I did yesterday. Lady was very nice and polite and she walked me through the forms. It was amazing.

Thanks for the info. I have couple of more questions:
1. This ADR was scheduled before the 60 days deadline expired? (you mentioned that you filed 79 days ago)
2. What did AUSA file? Answer or a Motion to dismiss or a Motion to Extend?
3. Do you have already a hearing scheduled? If yes, how long is between the ADR and hearing?

 

[huxf]

Hi, aka808, do you know if this (goes to the Washington DHS (HO) to be reviewed and cleared) apply to WOM?
what is the purpose of this? If this takes a few weeks or months, how could they wrap up the case in 60 or 90 (1 extenstion) days, let along NC got to be cleared first, which may take another "several weeks"?

Second FP is "normally" a sign of NC getting cleared. I got mine after my second interview. The delay between the second FP and getting an approval or adjudication on the case is that (in most instances) the file if pursued through the 1447(b) (lawsuit) route goes to the Washington DHS (HO) to be reviewed and cleared and takes a few weeks (month or so).

I spoke to the AUSA after my second FP and interview and he informed me that it has to go that route (although i will add that i have seen cases on this forum where the plantiff's have recieved oath almost immediately) I am still waiting to hear the final word. Name check was cleared in september according to the USCIS, FBI and AUSA.

 

[paz1960]

Thanks for the info. I have couple of more questions:
1. This ADR was scheduled before the 60 days deadline expired? (you mentioned that you filed 79 days ago)
2. What did AUSA file? Answer or a Motion to dismiss or a Motion to Extend?
3. Do you have already a hearing scheduled? If yes, how long is between the ADR and hearing?

Hello kefira,
Reading back your previous posts, I realized that you already answered the 2nd question, i.e., the AUSA indeed filed an answer. Sorry for my ignorance...
Hey, and I wish you all the best with your baby!

 

[pearlgal]

who is your ausa

hi, i am also pro se filed in north california san jose, my judge is RMW, and my ausa is edward olsen. how about yours?

have another friend of mine who filed wom on 12/09, his ausa is illes something , a lady, he already get his NC clear on yesterday and get his GC finally after 2.5 year waiting, so good luck! hopefully you are the next.

i'll pray for both you and your baby...

take care,

pearl

Good question and I guess I need to update everybody about it, since many people now will have to go till end...

I am in Northern California district. As I understood, it is a special procedure for the people who files PerSe. It means court/"somebody" tries to resolve the case before it goes to the judge. What u need to do? Go to the website with ADR forms and you and your AUSA need to sign together 2 forms and file it with the court. You should do it no later then 21 days before your hearings. One form is certificate of ADR - you put your name, case number and your defendants name and aknowledge that you r familiar with the ADR process. Second form u write same information and then check box that you want telephone conference with your AUSA and independent person. Also u write down your email address and your phone number and fax number. If life would be perfect, then AUSA who is more experienced in all legal staff, would do it first and then only send you the forms to sign it and send it back to him. BUT in not perfect case (mine for example) I had to go to the court and meet with AUSA that is sick for couple days already, leave my signed copy of ADR and go home. Also it is good idea to fax your signed copy to the ADR office (that I did already yesterday, since I could not get hold of my AUSA). I am not sure if AUSA will be at work today and will sign his copies, but at least I follow the process. If you have more questions regarding ADR you should call to ADR office and ask to talk to attorney who is managing it. This is what I did yesterday. Lady was very nice and polite and she walked me through the forms. It was amazing.

 

[hayyyoot]

Update about my case

Here are my details:
N400 RD 11/17/2005
ID: 4/21/2006
1447(b): 8/28/2006
on 10/26/2006 AUSA asked me to sign a stipulation that states that the CIS MAY BE able to adjudicate within 30 days, I refused the MAY BE language
so, they requested a 30 days extension that was granted
on 11/22/2006 AUSA filed a motion to remand back to the CIS for adjudication, he did mention that the CIS MAY BE able to adjudicate within 30 days.
I filed an opposition the next day, and requested that the judge remands back to the CIS WITH INSTRUCTIONS.
However, on 12/20/2006 the jedge remanded back to the CIS without instructions, he just signed the motion for remand submitted by the defendants.
on 1/5/2007 I made an infopass, and met with an immigration officer, she told me that the computer is still showing that my case is out of their jurisdiction, so, I gave her a copy of the judge's order, she went and talked to her supervisor, and came back and said that I should expect to hear back from them in two weeks, and to be sworn in during Ferbruary, because all the oath ceromonies are full for January.
Today (Jan 18th, 2007) at 3:14pm, an officer from the CIS called my cell phone, and told me that I should be in court tomorrow mourning (Jan 19th, 2007) at 8:00am for the oath ceromony, I was out of State, and I asked her if we can schedule it for next Friday, she said that they have to naturalize me by tomorrow because this is a court order!!!!! she asked me for a fax number to fax the oath letter at, and faxed it few minutes later, then called and double checked that I received the fax.
So, I took a flight back to Las Vegas this evening, and I am getting ready to be in court tomorrow mourning (I am going alone, have no friends with me, since nobody can take Friday off with 16 hours notice!!).
I am still anxious, and suspicious of those assholes, but, I guess my long trip might be over.
I will update you guys.
Thanks to everybody on this forum, ESPECIALLY PAZ, I would have never done that without this forum, and without PAZ.

 

[paz1960]

Here are my details:
N400 RD 11/17/2005
ID: 4/21/2006
1447(b): 8/28/2006
on 10/26/2006 AUSA asked me to sign a stipulation that states that the CIS MAY BE able to adjudicate within 30 days, I refused the MAY BE language
so, they requested a 30 days extension that was granted
on 11/22/2006 AUSA filed a motion to remand back to the CIS for adjudication, he did mention that the CIS MAY BE able to adjudicate within 30 days.
I filed an opposition the next day, and requested that the judge remands back to the CIS WITH INSTRUCTIONS.
However, on 12/20/2006 the jedge remanded back to the CIS without instructions, he just signed the motion for remand submitted by the defendants.
on 1/5/2007 I made an infopass, and met with an immigration officer, she told me that the computer is still showing that my case is out of their jurisdiction, so, I gave her a copy of the judge's order, she went and talked to her supervisor, and came back and said that I should expect to hear back from them in two weeks, and to be sworn in during Ferbruary, because all the oath ceromonies are full for January.
Today (Jan 18th, 2007) at 3:14pm, an officer from the CIS called my cell phone, and told me that I should be in court tomorrow mourning (Jan 19th, 2007) at 8:00am for the oath ceromony, I was out of State, and I asked her if we can schedule it for next Friday, she said that they have to naturalize me by tomorrow because this is a court order!!!!! she asked me for a fax number to fax the oath letter at, and faxed it few minutes later, then called and double checked that I received the fax.
So, I took a flight back to Las Vegas this evening, and I am getting ready to be in court tomorrow mourning (I am going alone, have no friends with me, since nobody can take Friday off with 16 hours notice!!).
I am still anxious, and suspicious of those assholes, but, I guess my long trip might be over.
I will update you guys.
Thanks to everybody on this forum, ESPECIALLY PAZ, I would have never done that without this forum, and without PAZ.

A big congratulation to you hayyyoot! You certainly deserved this happy ending of the story. Looks that USCIS is taking seriously the court order and they don't want to be in contempt. I'm still pleasantly surprised that they interpreted your decision that they have to give you the oath ceremony in 30 days, because the remand order. That order was only about the adjudication. Giving you such a short notice is unfair and I suspect, this was their last "present" to you because your lawsuit...

 

[wenlock]

Here are my details:
N400 RD 11/17/2005
ID: 4/21/2006
1447(b): 8/28/2006
on 10/26/2006 AUSA asked me to sign a stipulation that states that the CIS MAY BE able to adjudicate within 30 days, I refused the MAY BE language
so, they requested a 30 days extension that was granted
on 11/22/2006 AUSA filed a motion to remand back to the CIS for adjudication, he did mention that the CIS MAY BE able to adjudicate within 30 days.
I filed an opposition the next day, and requested that the judge remands back to the CIS WITH INSTRUCTIONS.
However, on 12/20/2006 the jedge remanded back to the CIS without instructions, he just signed the motion for remand submitted by the defendants.
on 1/5/2007 I made an infopass, and met with an immigration officer, she told me that the computer is still showing that my case is out of their jurisdiction, so, I gave her a copy of the judge's order, she went and talked to her supervisor, and came back and said that I should expect to hear back from them in two weeks, and to be sworn in during Ferbruary, because all the oath ceromonies are full for January.
Today (Jan 18th, 2007) at 3:14pm, an officer from the CIS called my cell phone, and told me that I should be in court tomorrow mourning (Jan 19th, 2007) at 8:00am for the oath ceromony, I was out of State, and I asked her if we can schedule it for next Friday, she said that they have to naturalize me by tomorrow because this is a court order!!!!! she asked me for a fax number to fax the oath letter at, and faxed it few minutes later, then called and double checked that I received the fax.
So, I took a flight back to Las Vegas this evening, and I am getting ready to be in court tomorrow mourning (I am going alone, have no friends with me, since nobody can take Friday off with 16 hours notice!!).
I am still anxious, and suspicious of those assholes, but, I guess my long trip might be over.
I will update you guys.
Thanks to everybody on this forum, ESPECIALLY PAZ, I would have never done that without this forum, and without PAZ.

Congratulation I know I am following your case and it is great news at the end. I think even if Judge files order where USCIS may be able to adjudicate with in 30 days they take it seriously which is good sign.

 

[huxf]

talked to the AUSA minutes ago.
She told me the lawyer (?) at VSC informed her my NC cleared, which I already know, and it needs a couple of weeks (since when?) to procees.
I aske her to keep a close watch on CIS because it has been more than 4 weeks after NC clearance and 3 weeks after FP. She agreed to do so and also assured me they (AUSA and VSC) are pay attentions to it.

My feeling is that WOM is still working at this time per our conversation.

What I need now i think is a liitle bit patience and of course the GC.

Congratulation I know I am following your case and it is great news at the end. I think even if Judge files order where USCIS may be able to adjudicate with in 30 days they take it seriously which is good sign.

 

[paz1960]

talked to the AUSA minutes ago.
She told me the lawyer (?) at VSC informed her my NC cleared, which I already know, and it needs a couple of weeks (since when?) to procees.
I aske her to keep a close watch on CIS because it has been more than 4 weeks after NC clearance and 3 weeks after FP. She agreed to do so and also assured me they (AUSA and VSC) are pay attentions to it.

My feeling is that WOM is still working at this time per our conversation.

What I need now i think is a liitle bit patience and of course the GC.

Hello huxf,
My feeling is that you are almost there. They will definitely not try to convince the judge to dismiss your lawsuit now that the name check is cleared. The judge would be also reluctant to do so, in fact, USCIS has really no convincing argument why not to adjudicate your petition. Is any deadline in your lawsuit which will need some action from anybody part of the litigation (you, AUSA or the court)? That may be a strong incentive for USCIS to finish your case.

 

[huxf]

Hello, paz1960

I feel the same way.
I didn't put a deadline in th "Payer for relief". But the summons ask for anwsers from the defendents in 60 days, which is Feb 14th. I think that would work, right?

Hello huxf,
My feeling is that you are almost there. They will definitely not try to convince the judge to dismiss your lawsuit now that the name check is cleared. The judge would be also reluctant to do so, in fact, USCIS has really no convincing argument why not to adjudicate your petition. Is any deadline in your lawsuit which will need some action from anybody part of the litigation (you, AUSA or the court)? That may be a strong incentive for USCIS to finish your case.

 

[786riz]

Congratulations hayyyoot, enjoy the victory.

Here are my details:
N400 RD 11/17/2005
ID: 4/21/2006
1447(b): 8/28/2006
on 10/26/2006 AUSA asked me to sign a stipulation that states that the CIS MAY BE able to adjudicate within 30 days, I refused the MAY BE language
so, they requested a 30 days extension that was granted
on 11/22/2006 AUSA filed a motion to remand back to the CIS for adjudication, he did mention that the CIS MAY BE able to adjudicate within 30 days.
I filed an opposition the next day, and requested that the judge remands back to the CIS WITH INSTRUCTIONS.
However, on 12/20/2006 the jedge remanded back to the CIS without instructions, he just signed the motion for remand submitted by the defendants.
on 1/5/2007 I made an infopass, and met with an immigration officer, she told me that the computer is still showing that my case is out of their jurisdiction, so, I gave her a copy of the judge's order, she went and talked to her supervisor, and came back and said that I should expect to hear back from them in two weeks, and to be sworn in during Ferbruary, because all the oath ceromonies are full for January.
Today (Jan 18th, 2007) at 3:14pm, an officer from the CIS called my cell phone, and told me that I should be in court tomorrow mourning (Jan 19th, 2007) at 8:00am for the oath ceromony, I was out of State, and I asked her if we can schedule it for next Friday, she said that they have to naturalize me by tomorrow because this is a court order!!!!! she asked me for a fax number to fax the oath letter at, and faxed it few minutes later, then called and double checked that I received the fax.
So, I took a flight back to Las Vegas this evening, and I am getting ready to be in court tomorrow mourning (I am going alone, have no friends with me, since nobody can take Friday off with 16 hours notice!!).
I am still anxious, and suspicious of those assholes, but, I guess my long trip might be over.
I will update you guys.
Thanks to everybody on this forum, ESPECIALLY PAZ, I would have never done that without this forum, and without PAZ.

 

[kefira]

have another friend of mine who filed wom on 12/09, his ausa is illes something , a lady, he already get his NC clear on yesterday and get his GC finally after 2.5 year waiting, so good luck! hopefully you are the next.
pearl

Her name (AUSA) is Ila Deiss in San Francisco. She told me that no expedite name check.. so you see how differently they response to each one of us, although I am short 7 month to 2.5 years mark.

 

[mredil24]

need confirmation

hello everyone
quick question...? i filed 1447B in florida about a month ago, and yesturday i got a letter from the CIS to come and get new fingerprints next wednsday. i took my first prints in jully 2005, and i know they are only valid for 15 months.
here is the big question, they dont call anyone for second FP untill the name check is clear or is it just the first step in the process to get it clear.
on several old posts here many ppl montioned that the second FP notice is sign that NC clear.
any information is welcomed

 

[icare]

My case:

I140 6/10/2004,
I485 9/10/2004,
I140 AD: 3/22/2005
I485 FP1: 4/9/2005
WOM Filed: 10/24/2006 in Newark, NJ
AUSA mentioned service date of 11/02, 60days start counting
Called AUSA on 11/28, was told it was too early, she was very nice though.
Called AUSA on 12/18, she said will file for extension 15 days, said CIS mentioned not enough time to adjudicate before 1/2/07 - the date by which she has to respond to the suit.
Got FP notice 12/28, notice was sent out 12/22, I assume this was the reason CIS can't adjudicate before 1/2, was hoping for a quick resolution
FP2: 1/10/2007
I485 AD: 1/11/2007

It's all amazing. Only thing that makes this imperfect is, wife's case still hangs on. (She was dependent.) She went to have the second FP with me together yesterday. I hope she can get approved soon.

icare

Wife's online msg changed to "Card Production Ordered" today. Finally we can enjoy some peace of mind

Keep up the effort guys. I could never have thought about sueing the federal government if not for this forum. Thanks very much.

icare

 

[wenlock]

hello everyone
quick question...? i filed 1447B in florida about a month ago, and yesturday i got a letter from the CIS to come and get new fingerprints next wednsday. i took my first prints in jully 2005, and i know they are only valid for 15 months.
here is the big question, they dont call anyone for second FP untill the name check is clear or is it just the first step in the process to get it clear.
on several old posts here many ppl montioned that the second FP notice is sign that NC clear.
any information is welcomed

Same thing happened in my case. They sent me third FP letter issued on 10th Jan 2006 from TSC. Can you confirm what is the date of issue for your FP notice is it from TSC? I am just trying to understand that is it some automated process that generated this FP notice or it is due to the fact that name check it clear.

 

[paz1960]

hello everyone
quick question...? i filed 1447B in florida about a month ago, and yesturday i got a letter from the CIS to come and get new fingerprints next wednsday. i took my first prints in jully 2005, and i know they are only valid for 15 months.
here is the big question, they dont call anyone for second FP untill the name check is clear or is it just the first step in the process to get it clear.
on several old posts here many ppl montioned that the second FP notice is sign that NC clear.
any information is welcomed

There are mixed reports about this issue. I am in a similar situation like you. I filed my 1447(b) on Oct. 24 2006, I got the 2nd FP appointment for Dec. 26, but nothing since that time. AUSA asked and was granted a 30 day extension; the time will be up next Thursday, we'll see what will happen...

 

[paz1960]

Wife's online msg changed to "Card Production Ordered" today. Finally we can enjoy some peace of mind

Keep up the effort guys. I could never have thought about sueing the federal government if not for this forum. Thanks very much.

icare

At least there are instances, where the on-line status gives you some change...

I just checked out of curiosity the status of my wife's N-400 application; she was approved at the end of our interview 2 years ago and she was sworn in as US citizen in June 2005. Her status on the on-line system is still the same: "Case received and pending"

That's for the accuracy of their system...

 

[mredil24]

Same thing happened in my case. They sent me third FP letter issued on 10th Jan 2006 from TSC. Can you confirm what is the date of issue for your FP notice is it from TSC? I am just trying to understand that is it some automated process that generated this FP notice or it is due to the fact that name check it clear.

hello
yeah my notice was generated from the orlando sub office and they only sent my lawyer a faxed copy about 2 days ago , i have not received anything from them directly via mail .
so i hope that my name check is cleared and things are moving now instead of been somewhere in the achives.