gctarget06
Registered Users (C)
In my case, Every defendant has an independent due date calculated based on when he received the summons + adding 60 days to that date. I guess it varies from court to court....
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
congradulations to paz1960
paz1960, congradulations for your final victory. Your input in this forum encourages a lot of people, including me.
I have a quick question for you: In Jan. our congressman's office social worker responded my inqury of my background check status after I already filed my WOM.
She called me and said my background check(name check and fingerprint, and the second FP is not expiring) was already cleared as of Dec. 7th when she got information back from VSC, someone in VSC with Jury authority there.
She wasn't sure when the background check was cleared as she didn't ask the exact date, could be much earlier as my NC has been initiated for years. But everytime I went for infopass, officers looking at my case on the computer screen always says my name check is pending, even on Dec 28 2006.
Is it possible or helpful to add this information as exhibits and file to the court? If so, I might need to have a way to get a note or letter from our congressman's office. Right now it is solely USCIS's negligence in delaying adjudicate my case for so long if this info. from our congressman's office is true.
I also plan to call AUSA soon.
paz1960, congradulations for your final victory. Your input in this forum encourages a lot of people, including me.
I have a quick question for you: In Jan. our congressman's office social worker responded my inqury of my background check status after I already filed my WOM.
She called me and said my background check(name check and fingerprint, and the second FP is not expiring) was already cleared as of Dec. 7th when she got information back from VSC, someone in VSC with Jury authority there.
She wasn't sure when the background check was cleared as she didn't ask the exact date, could be much earlier as my NC has been initiated for years. But everytime I went for infopass, officers looking at my case on the computer screen always says my name check is pending, even on Dec 28 2006.
Is it possible or helpful to add this information as exhibits and file to the court? If so, I might need to have a way to get a note or letter from our congressman's office. Right now it is solely USCIS's negligence in delaying adjudicate my case for so long if this info. from our congressman's office is true.
I also plan to call AUSA soon.
Please answer this FOIPA question!
Dear Paz,
please answer these questions about FOIPA request?
1)What is the diifernce between FOIPA and FOIA requests?
2) I believe I should file FOIPA. Should I also file FOIA? Actuaaly there are two forms at the FBI's Website.
3) On the FOIPA form, the seconed question is "Aliases used", what is it mean and what do I have to put there?
I did call the Fbi and left the message but they never return my call.
I am not surprised at all
.
Thanks alot Paz and it is so nice of you that you are keep answering questions and you are still on the forum. As you know Paz, this forum really needs people like you. Thank again! and thank you to everybody on this forum!! Please keep up the good work!! dude.
Dear Paz,
please answer these questions about FOIPA request?
1)What is the diifernce between FOIPA and FOIA requests?
2) I believe I should file FOIPA. Should I also file FOIA? Actuaaly there are two forms at the FBI's Website.
3) On the FOIPA form, the seconed question is "Aliases used", what is it mean and what do I have to put there?
I did call the Fbi and left the message but they never return my call.
I am not surprised at all
. Thanks alot Paz and it is so nice of you that you are keep answering questions and you are still on the forum. As you know Paz, this forum really needs people like you. Thank again! and thank you to everybody on this forum!! Please keep up the good work!! dude.
It is important to convey this information to AUSA, (s)he can probably verify this through his/her internal channel with the DHS/USCIS Office of General Counsel. If the name check is really done, they will not have a good argument why to withhold the adjudication. Depending where are you with the litigation process, this info about the alleged completion of your name check can be used either in an Opposition to a Motion to Dismiss or during a hearing in front of the judge. It would be helpful to get something in writing from your congressman's office, at least an e-mail.snowxyxy said:
Hello dude12190,DUDE12190 said:Dear Paz,
please answer these questions about FOIPA request?
1)What is the diifernce between FOIPA and FOIA requests?
2) I believe I should file FOIPA. Should I also file FOIA? Actuaaly there are two forms at the FBI's Website.
3) On the FOIPA form, the seconed question is "Aliases used", what is it mean and what do I have to put there?
I did call the Fbi and left the message but they never return my call.
I am not surprised at all
Thanks alot Paz and it is so nice of you that you are keep answering questions and you are still on the forum. As you know Paz, this forum really needs people like you. Thank again! and thank you to everybody on this forum!! Please keep up the good work!! dude.
FOIA = Freedom of Information Act
FOIPA = Freedom of Information and Privacy Acts
I didn't know that you have the option to request one or the other. I requested FOIPA, I can send you the text of the letter tonight when I will be home (it's on my home computer). Send me an e-mail address using PM.
sfdurrani said:
You should do nothig for now. Check your schedule and follow it. For now do not say that u agree for extension. Tell AUSA that u want teleconference. If u r PerSe, then your AUSA responsibility follow the days. So, do not worry. I am going through the same now.
vcs_victim
Registered Users (C)
Some updates in my case. Looking for suggestions.
While I was trying to learn the name of the AUSA assigned to my case, I received a letter on Jan 18th. from the court. Judge ordered defendants to show cause: "It is ORDERED that the respondent respond to this petition and show cause on or before March 19th, 2007 why the requested relief should not be granted". At the beginning of this week I finally learned the name of the AUSA and talked to her. She was nice and said she contacted the respective agencies and has been trying to learn why my case was delayed this long. Then I received two letters from her yesterday. She filed a document with the court stating that she will be the counsel for the defendants. The other was a motion for enlargement of time. I guess this motion is not the same as other motions to extend the time. The reason for this is that the clerk of the court put 20 days on the summons and my AUSA is asking the court to extend it to 60 days per the local rules. With this extension, she is asking for March 17th to be the 60 day deadline.
I have no problems with the extention and March 17 date. As I also mentioned above, judge's order's deadline is March 19. These two dates are very close. Therefore, my question is as follows: Should I file anything with the court about the AUSA's motion to extend if I agree with it anyway? I assume if I do not file anything, I agree with the AUSA by default.
Any suggestions?
Furthermore, does anyone have any examples of motion to oppose defendant's motion to dismiss/remand the case for 485 WOM cases? Or at least point me to the previous posts in the forum?
Wenlock, you are always referred to be the experienced one for the 485 cases. Any documents to point me to?
Thanks a lot...
vcs_victim said:
While I was trying to learn the name of the AUSA assigned to my case, I received a letter on Jan 18th. from the court. Judge ordered defendants to show cause: "It is ORDERED that the respondent respond to this petition and show cause on or before March 19th, 2007 why the requested relief should not be granted". At the beginning of this week I finally learned the name of the AUSA and talked to her. She was nice and said she contacted the respective agencies and has been trying to learn why my case was delayed this long. Then I received two letters from her yesterday. She filed a document with the court stating that she will be the counsel for the defendants. The other was a motion for enlargement of time. I guess this motion is not the same as other motions to extend the time. The reason for this is that the clerk of the court put 20 days on the summons and my AUSA is asking the court to extend it to 60 days per the local rules. With this extension, she is asking for March 17th to be the 60 day deadline.
I have no problems with the extention and March 17 date. As I also mentioned above, judge's order's deadline is March 19. These two dates are very close. Therefore, my question is as follows: Should I file anything with the court about the AUSA's motion to extend if I agree with it anyway? I assume if I do not file anything, I agree with the AUSA by default.
Any suggestions?
Furthermore, does anyone have any examples of motion to oppose defendant's motion to dismiss/remand the case for 485 WOM cases? Or at least point me to the previous posts in the forum?
Wenlock, you are always referred to be the experienced one for the 485 cases. Any documents to point me to?
Thanks a lot...
micahel1008
Registered Users (C)
vcs_victim said:
I am not an expert, but I like to comment a little with my personal experience:
(1) 44 month waiting is the longest one I saw based on my observation on I-485 petition; This is maybe why Judge ordered directly even before 60 days deadline. The judge already made up his mind on your favor. You are in very good position now.
(2)You dont need to oppose the motion for extension. USCIS and AUSA will find a quick way to fix it before March 19. My guess is they have to put you on top expedite list because of expedite backlog will take some time. The extension will give them insurance time to work on your case, they are not sure if they can give you green card before March 19.
(3) Keep a good relationship with your AUSA, she will keep pushing USCIS to give you answer if you put some pressure on her. She is the key person to solve your problem. You are not far from victory.
I respectfully disagree with some parts of your post. If you serve defendants by mail, you can do by yourself and also file the certificate of service by yourself. Many of this forum members served in person the US Attorney's Office and it was acceptable. The reason for the rule to not allow serving in person defendants is personal safety. Obviously, if you mail the complaint, this is not an issue.kefira said:
Here is what your Pro Se handbook (N.D. Cal.) say about serving:
The rules for serving the complaint and summons on the United States government or its agencies, corporations, officers, or employees are stated in Rule 4(i) of the Federal Rules of Civil Procedure.
To serve the complaint and summons on the United States, you must:
1. a. Hand deliver the complaint and summons to the United States Attorney for the Northern District of California, or
b. Hand deliver the complaint and summons to an assistant United States Attorney or clerical employee designated by the United States Attorney in a writing filed with the clerk of the court, or
c. Send a copy of the summons and complaint by registered or certified mail addressed to the civil process clerk at the office of the United States Attorney for the Northern District of California;
AND
2. You must also send a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States in Washington, D.C.;
AND
3. If your lawsuit challenges the validity of an officer or agency of the United States but you have not named that officer or agency as a defendant, you must also send a copy of the summons and complaint by registered or certified mail to the officer or agency.
To serve the summons and complaint on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, you must serve the United States in the manner described above and send a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.
What is a certificate of service?
After you complete service of the complaint and summons, you should file a “certificate of service“ (or a “proof of service“) with the court which shows when and how you served the complaint and summons on each defendant. The purpose of the certificate of service is to allow the court to determine whether service of the documents was actually accomplished in accordance with the requirements of the law. The certificate of service must state:
1. The date service was completed;
2. The place where service was completed;
3. The method of service used;
4. The names and street address or email address of each person served; and
5. The documents that were served.
The certificate of service must be signed and dated by the person who actually served the complaint and summons. If you hired a process server, the certificate of service must be signed by the process server. If you asked a friend to serve the complaint and summons, the certificate of service must be signed by the friend who actually served the complaint and summons. The person who served the documents must also swear under penalty of perjury that the statements in the certificate of service are true.
sksharma76
Registered Users (C)
after Doing some research on pacer I have found that all the WOM cases filed in my district in past couple of years have never gone to trial all have been voluntarily dismissed.Thats good news but is this something which could help my case or things are completely different after thin new no name check expedite policy
swimfitness
Registered Users (C)
Congratulations and Gratitude to Paz1960
Paz:
You have been such a force in this forum. You have been generous with your time and resources. Much gratitude!
Congratulation for attaining your goals. You Deserve it!
I files WOM on 12/06
Expedite Name check requested by USCIC: 12/18
AUSA response due: 02/06
I have not yet received the adjudication notice. I remain hopeful that my case will be adjudicated soon.
Thank you all.
Paz:
You have been such a force in this forum. You have been generous with your time and resources. Much gratitude!
Congratulation for attaining your goals. You Deserve it!
I files WOM on 12/06
Expedite Name check requested by USCIC: 12/18
AUSA response due: 02/06
I have not yet received the adjudication notice. I remain hopeful that my case will be adjudicated soon.
Thank you all.
Cases
I have seen some where before in this forum where some one posted some cases referencing 2 year time frame as unreasonable. I am just curious if some one can post them again. I am tired of going back through gazilian pages and finding that post. I usually save the post number but for pages but I forgot to do it this time.
I have seen some where before in this forum where some one posted some cases referencing 2 year time frame as unreasonable. I am just curious if some one can post them again. I am tired of going back through gazilian pages and finding that post. I usually save the post number but for pages but I forgot to do it this time.
Go up a little, there's "search this thread", search "unreasonable" in this thread, I got page 561. Paz's quote.
Another trick to go to certain page in this thread. First click on the cloest page, this will bring you to a URL address with "page=XXX" in it. then on URL address, change that page= to a specific any pagenumber you want, but don't change that pp=15, leave it as is, then press return.
Another trick to go to certain page in this thread. First click on the cloest page, this will bring you to a URL address with "page=XXX" in it. then on URL address, change that page= to a specific any pagenumber you want, but don't change that pp=15, leave it as is, then press return.
wenlock said:
Last edited by a moderator:
That's right, it is the post # 8410. I attached the Opinion & Order from the Alkenani v. Barrows case, which has the footnote about the unreasonable lenght.zlin said:
The other thing I would recommend, as I was reading through the posts, I had two Word files opened. One Notes.doc and another one Useful_info.doc
As soon as I found something interesting or worth to take notes, simply with Copy and Paste I could put that info in one of these files. Later of course, this has to be organized and reviewed, but at least the amount to read is lot less than going again through the whole thread.
Last edited by a moderator:
seagull009
Registered Users (C)
qeustion about the job change after filing WOM
I am planning to file the WOM soon, but it is very possible that I will relocate to another state very soon too.
Can anyone tell me what will happen if I change a job and relocate to another state after filing the WOM? Should I file the WOM after relocating? But the problem is that the relocated state is not where I filed my I-140 and I-485? Can anyone give me your precious suggestion? Thanks a lot.
I am planning to file the WOM soon, but it is very possible that I will relocate to another state very soon too.
Can anyone tell me what will happen if I change a job and relocate to another state after filing the WOM? Should I file the WOM after relocating? But the problem is that the relocated state is not where I filed my I-140 and I-485? Can anyone give me your precious suggestion? Thanks a lot.