DUDE12190 said:Q1)Is this also true in other circuts that whenever a 1447b is filed, USCIS loses jurisdiction and can not do anything. I think it is a problem beacuse how about if someone take the case back from the court because USCIS pressures him/her that they can not do anything until the case is in the court.
Q2) I am planning to file in New York, which ,I believe, is not in a circuit where USCIS automatically loses jurisdiction as soon as someone files 1447b. Should I request that judge make a decision on my application or is it not going to help me?
Paz,can you please clarify this because I am confused here. Thank You!
phlipimi said:Thank you very much for your quick response!
The reason I did not send the local attorney the copy is because I don't want to make the local attorney confused.
Again, thank you very much for your help!
wenlock said:It is good idea to send. I called my AUSA and he said that he received it electronically so he do not need the mailed copy. It does not hurt to send one if you are not in contact with your AUSA.
I never sent any in my case.
phlipimi said:Thank you very much Wenlock.
I will call the AUSA's office to ask whether they need it. Is there any time frame that we have to send the copy to the AUSA after we filed the certificate of the service? Like we have to send the copy to the AUSA in certain amout of days after we filed the certificate of service to the court.
Again, thank you very much!
WhyThisDelay said:Can anyone recommend a lawyer in New york area.
I am working in lower manhattan and want to file wom through a lawyer.
Thanks.
aka808 said:I would suggest you register on Pacaer and view cases in SDNY (holds jurisdiction over NY county) for lawyers.
Or
You can always look at Publicius first post and go pro-se.
I saw couple of cases (not too many) where more than one counsel was listed representing the Defendants. I didn't figure out why, but I would agree with you that in this way the FBI and USCIS attorney is also in the loop. I certainly don't see any reason to worry. I would bet a large amount that even if you would have to go on trial, the guys from Washington wouldn't show up in the courtroom.wenlock said:Paz I got a question for you. My AUSA filed 30 day extension motion he also mentioned two other Attorneys on defendent counsel. One is FBI attorney and other one is USCIS attorney is this normal practice or he just added them to keep them in loop about case progress so that they can get updates electronically via pacer.
Can you comment on this please?
paz1960 said:You should not try to contact the judge assigned to your case. At this stage all the possible negotiations should be between you and the counsel of the defendants: AUSA. In principle: if you want anything from the court, you should file a motion.
Why is posted in your docket at several defendants that no return receipt attached? Did you file a Certificate of Service similar to one I posted couple of days ago? As proof of service this Plaintiff used the receipts he received from the post office when he mailed the certified mails and the USPS tracking web site printouts showing the date of delivery. It worked for him, I used a very similar one (the difference was that I served the US Attorney's Office also by mail, not in person; they are in a different town, about 80 mi from where I live).
paz1960 said:I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)
When Jack Lin, the assistant director of USCIS (he was in charge with the ceremony from the USCIS side) handled me the Certificate of citizenship and I told him my name, he said: "Oh, YOU are Mr. XX; I was wondering when you show up". So probably he knew about my lawsuit.
Anyway, this long ordeal is over now, and as I promised, I'm posting now the draft of the Opposition to Defendants' Motion to Dismiss or Remand, which was never needed, so it may need some additional work to address specific issues from an actual Motion filed by Defendants. I will begin also to post some of the cases I used in this Opposition, of course, not the full dockets, just the judges' opinion & orders. But from the case numbers anybody with a PACER subscription will be able to easily find these cases and download whatever document wants from the respective dockets.
I wish to thank everybody who helped me and contributed to this forum. I'm especially indebted to the "founding fathers and mothers" of this forum and I wish I had find earlier this website, maybe I would not wait two years after my interview. I encourage everybody who is still considering what to do: stand up for your rights and you will prevail. You will need a lot of time, patience, perseverence and a little luck, but the law is on your side and ultimately you will get what you are entitled.
Go to http://pacer.psc.uscourts.gov/ and under the second menu item on the left side you will be able to register. You will need to have a valid creidt card, because this service is for fee, 8 cents/page.WhyThisDelay said:Probably is a beginner question, but how do I register for PACER?? If this has been answered before - can someone point me to link to that post?
(It probably will be still take me a lot of time to go through the pacer cases. So if someone had a good experience with a lawyer in new york metro area, I'm all ears for recommendation.)
You are not too far from the truth. I went right to the Post Office to apply for my passport. After staying 30 minutes in line, the employee measured the lenght of my face on the passport photo and told me: "Sir, this picture is not good. The maximum lenght of the ovval around your face can be 1" 3/8, this is 1" 7/16. But we can take a new set of pictures for $15" I was so mad, that I just collected my paperwork and left... But she was right, it was my fault.Saarlaender said:Congratulations! Well, deserved! Again, thanks so much for your assistance in this forum! It is needed? So what is the next? The USPS for not mailing the passport on time, just kidding!
But you are right, it takes a lot of energy dealing with these issue and you sometimes wonder whether it is worth the trouble. However, I get the feeling that even the AUSA start to realize what mess they have to deal with.
Best
D.
Dear Paz!paz1960 said:I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)
When Jack Lin, the assistant director of USCIS (he was in charge with the ceremony from the USCIS side) handled me the Certificate of citizenship and I told him my name, he said: "Oh, YOU are Mr. XX; I was wondering when you show up". So probably he knew about my lawsuit.
Anyway, this long ordeal is over now, and as I promised, I'm posting now the draft of the Opposition to Defendants' Motion to Dismiss or Remand, which was never needed, so it may need some additional work to address specific issues from an actual Motion filed by Defendants. I will begin also to post some of the cases I used in this Opposition, of course, not the full dockets, just the judges' opinion & orders. But from the case numbers anybody with a PACER subscription will be able to easily find these cases and download whatever document wants from the respective dockets.
I wish to thank everybody who helped me and contributed to this forum. I'm especially indebted to the "founding fathers and mothers" of this forum and I wish I had find earlier this website, maybe I would not wait two years after my interview. I encourage everybody who is still considering what to do: stand up for your rights and you will prevail. You will need a lot of time, patience, perseverence and a little luck, but the law is on your side and ultimately you will get what you are entitled.
aka808 said:While re-searching pacer today, i found a submission from Michael Cannon (Head of NNCP) National name check program. I have seen many cases, but never an actual submission from the FBI to the court. Attached is the case file:
It is very useful that you posted this. Actually it can be used also by the Plaintiff, it supports our case, not only the case of the Defendants. I used the same affidavit as an exhibit in my complaint. I made reference to the paragraph which discusses that FBI can expedite the name check, but only to the request of USCIS. (This affidavit of Michael Cannon it is used in many cases by defendants, essentially the same text, first I saw it in a case in New Hampshire, early 2006).aka808 said:While re-searching pacer today, i found a submission from Michael Cannon (Head of NNCP) National name check program. I have seen many cases, but never an actual submission from the FBI to the court. Attached is the case file:
cacd07 said:The pdf appears corrupted on my screen. Could you double check to open it?