I am not posting this message to encourage Pro Se. Instead, hiring a *good* attorney really has its unique advantage. At least, AUSA will pay more attention to your case, because they know if they lose their MTD, they will be in a danger of paying your legal fee if they didn't resolve your case ASAP.
Also, it is so easy to make some fatal mistake if you didn't present your case properly in the OPP.
I choose to go with Pro Se for the following reasons:
(1) I already has a legal status, which allows me to work and live in US without limitation. (However, I do need GC for other critical benefits. )
(2) I begin to see my case is moving, and I got my second FP last week.
(3) I have been waiting for over 3.5 years, and waiting has become part of my life. :-(
(4) I don't trust attorneys in general because of my previous bad experience with them. They are not working as hard on my case as I did.
However, I do think, if you cannot devote a lot of time on your case, for the benefit of yourself and others, please do hire a laywer, and the earlier the better.
I filed WOM on Jan. 2007. US attoney asked first time motion extension in March, I agreed. Now he wants another time motion extension. What should I do? agree or not? Please advise. Thank you very much!
I140: 2002. I485 2003. north carolina.
for alberto gonzalez, can someone please post the description paragraph use in the lawsuit that lists him as a defendant?
for example. for robert mueller i used the below
". Defendant, Robert Mueller, is the national Director of the Federal Bureau of Investigation, and this action is brought against him in his official capacity. Defendant Mueller is responsible for the Records Management Division at the FBI and more directly for the National Name Check Program. "
i need a similar one for alberto gonzalez... anyone can help?
did AUSA ever filed for MTD in your case? My AUSA has filed for a MTD.AUSA called this morning – she said that my name check has been cleared and USCIS is ready to adjudicate in 3 weeks. She wanted me to sign joint stipulation to dismiss. I politely declined – said I would like to get that in writing from USCIS and better yet – the Oath letter. She said that I have to dismiss the case first as USCIS currently does not have jurisdiction over my case and therefore can not adjudicate it, but if naturalization is granted they would schedule the Oath in a week. I agreed to look at the draft of the stipulation she promised to e-mail me in a few days.
Sounds a little fishy. Lack of jurisdiction is a cornerstone of most MTDs these days, and AUSA herself says that USCIS can not adjudicate the case until the lawsuit is dismissed?
Best of luck,
snorlax
AUSA called this morning – she said that my name check has been cleared and USCIS is ready to adjudicate in 3 weeks. She wanted me to sign joint stipulation to dismiss. I politely declined – said I would like to get that in writing from USCIS and better yet – the Oath letter. She said that I have to dismiss the case first as USCIS currently does not have jurisdiction over my case and therefore can not adjudicate it, but if naturalization is granted they would schedule the Oath in a week. I agreed to look at the draft of the stipulation she promised to e-mail me in a few days.
Sounds a little fishy. Lack of jurisdiction is a cornerstone of most MTDs these days, and AUSA herself says that USCIS can not adjudicate the case until the lawsuit is dismissed?
Best of luck,
snorlax
I filed WOM on Jan. 2007. US attoney asked first time motion extension in March, I agreed. Now he wants another time motion extension. What should I do? agree or not? Please advise. Thank you very much!
I140: 2002. I485 2003. north carolina.
Just Agree. AUSA's are working with DHS and they have a feel for what is happening
You should oppose it. Just write a simple opposition, mention that they've already got one extension, that your issue is time-sensitive and that it's not your fault if they cannot manage their time effectively. You do not need to file supporting memorandum, simple opposition will do. They need a really good reason for second extension and judge will not grant it if you oppose.
Thank you very much for your advise! I am wondering what going to happened next? if judge agree the motion extension, it is not good for me? if judge deny extension, what defendants and their attorney will do? Do you know any case like this? I really appreaciate it!
Hi Guys : I filed 1447b recently and there is a requirement to file a 1 page form as per local rules that ask 2 questions (1) Is this a previously dismissed case (2) Are their any related cases ?. These are two yes/no questions and I just saw I answered one as No and left the other unanswered. I went to the court and spoke to the court clerk and she said its ok, I dont need to do anything. Do you guys think I should file another of those forms (its just 1 page, 2 questions) with the second question also completed ? I am afraid, even though the clerk says its ok, the judge may not understand why I dint answer that question. Any opinions ?
This is one of the cases I was following very closely and happy to see that Judge ruled for Plaintiff. Plaintiff Counsel did not mentioned Attorney General or FBI as defendents to court gave option to plaintiff to add them as defendents.
This case is important to me because plaintiff did not had his interview Scheduled.
I wrote a letter to the First Lady Laura Bush in January 2007 complaining the name check delay of my naturalization application. Today I got a letter from FBI Michael A. Cannon, section chief of the name check program. The letter says my name check is finalized and the results were sent to USCIS headquarters in Washington DC about 3 weeks ago.
What should I do about this letter? I want to forward this letter to USCIS but I think it has lost jurisdiction of my case after I filed the 1447b lawsuit in early March. Should I forward this letter to AUSA? but I don't know his/her name or email. PACER only shows a general AUSA email address for an AUSA who represents the defendants in my case.
I would certainly forward this letter to the general AUSA’s e-mail. In the e-mail you can explicitly ask to forward it to whoever your case is assigned to. From my experience – their offices are not too big – it is going to be easy for him/her to figure out who is handling your case and forward this letter to the appropriate atty.I wrote a letter to the First Lady Laura Bush in January 2007 complaining the name check delay of my naturalization application. Today I got a letter from FBI Michael A. Cannon, section chief of the name check program. The letter says my name check is finalized and the results were sent to USCIS headquarters in Washington DC about 3 weeks ago.
What should I do about this letter? I want to forward this letter to USCIS but I think it has lost jurisdiction of my case after I filed the 1447b lawsuit in early March. Should I forward this letter to AUSA? but I don't know his/her name or email. PACER only shows a general AUSA email address for an AUSA who represents the defendants in my case.