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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
I read the proposed joint stipulation to dismiss. I think that you are safe, and technically you could not ask more than to compel USCIS to adjudicate your application, not to approve it. However, I would try to negotiate with AUSA to add one more sentence: "In case of approval of Plaintiff's naturalization application, USCIS will issue the oath letter within 7 days after the date of the adjudication for the next available oath ceremony."
Congratulations snorlax!! I agree with Paz. However, I also think you should also ask AUSA to include a line that your Name Check has been cleared. It is becaue I think you can expect anything cahotic from these agencies. AUSA is not lying with you taht your name check is cleared, but how do we know that FBI or USCIS people are telling hime the truth. I do not think you should have any problem, but we should remember that if your name check has not yet been cleared, they could adjudicate your appliaction because of the lawsuit and deny it because bg checks are not complete.
I know it does not make any sense. But when you are dealing with two stupid agencies, you can expect anything. Best of luck to you and please convince AUSA to add these two points in this proposed joint stipulation to dismiss
1) About oath as Paz is saying
2) About the Name check clearnce
Regards, dude
Haven't got the return receipt from USCIS after a month
Hi, Everyone,
I filed WOM on 2/28/07 in southern district of new york. The Pro Se office told me I have to wait for the green card(return receipt) to file proof of service.
I have waited for about a month now but still haven't got the one from USCIS. I got the other 5 out of 6. so I am wondering
(1)Normally how long does it take to get the return receipt from USCIS?
(2)Anybody also from S.D.N.Y, do I REALLY have to wait for the return receipt? Can I file with the confirmation of delivery from the post office website?
Thanks a lot!
mmz
Hi, Everyone,
I filed WOM on 2/28/07 in southern district of new york. The Pro Se office told me I have to wait for the green card(return receipt) to file proof of service.
I have waited for about a month now but still haven't got the one from USCIS. I got the other 5 out of 6. so I am wondering
(1)Normally how long does it take to get the return receipt from USCIS?
(2)Anybody also from S.D.N.Y, do I REALLY have to wait for the return receipt? Can I file with the confirmation of delivery from the post office website?
Thanks a lot!
mmz
Hi, Everyone,
I filed WOM on 2/28/07 in southern district of new york. The Pro Se office told me I have to wait for the green card(return receipt) to file proof of service.
I have waited for about a month now but still haven't got the one from USCIS. I got the other 5 out of 6. so I am wondering
(1)Normally how long does it take to get the return receipt from USCIS?
(2)Anybody also from S.D.N.Y, do I REALLY have to wait for the return receipt? Can I file with the confirmation of delivery from the post office website?
Thanks a lot!
mmz
I am in E.D.N.Y. I send summons by Fed express for those that did not return green receipt in the first round. I submmit my receipt with delivery confirmation printed from online tracking. So far AUSA did not complaint, neither the judge.
Saarlaender
Registered Users (C)
Dismissing the case with prejudice
Hello Paz and other forum members,
"my" very active AUSA wrote me today the following email:
Dear Dr. W:
I have been informed that your file was forwarded from Washington and has now been received by the Jacksonville Field Office. All that remains is that your application be adjudicated.
To that end, I would not oppose your proposal that we file a motion dismissing your complaint with prejudice and remanding this matter to USCIS for adjudication, but within 60 as opposed to 30 days. Please note that there are many applicants whose applications were filed earlier in time than yours and are being adjudicated accordingly. More over once there has been an adjudication, the oath ceremony needs to be scheduled, assuming your adjudcation is favorable. The Agency has indicated that this all could safely take 60 days. On the otherhand, 30 days would not suffice and would limit the Agency's ability to perform its statutory duties and responsibilities.
If you concur, I will prepare the pleading and file it upon your review and approval.
Cordially,
RR, AUSA
I am going to leave the country from May till August 07 due to mandatory military service for my home country.
1. I wrote my AUSA and suggested as the deadline of April 14 was approaching about remanding the case to the USCIS. Now if this is done, as he proposes, with prejudice what are the steps I need to follow to regain the fees. My only concern is that if it is remanded back to the USCIS I don't have an AuSA who can exert influence. Is that a realistic concern?
2. As for my absence, is there anyway to figure out at an earlier point which way whether the adjudication is going favorably and to ensure that the USCIS does not come up with the great idea of scheduling an oath ceremony for me during the absence. I know, for the last, a letter is probably enough but I want to be sure.
Thanks so much!
Best
D.
I would go with a motion to remand the case to USCIS with an instruction to adjudicate your application in 30 days. This will force them to finally make a decision and if the judge grants your motion, you become a prevailing party and you can ask to get reimbursed for your costs by the Defendants.
Because your name check is done (as you mentioned before) there is no major issue, which would stop the judge to grant your motion. S/he will see this delay as a proof of the bureacratic inefficiency of USCIS and most likely more willing to impose them a strict deadline than in cases where the security check is still pending.
Hello Paz and other forum members,
"my" very active AUSA wrote me today the following email:
Dear Dr. W:
I have been informed that your file was forwarded from Washington and has now been received by the Jacksonville Field Office. All that remains is that your application be adjudicated.
To that end, I would not oppose your proposal that we file a motion dismissing your complaint with prejudice and remanding this matter to USCIS for adjudication, but within 60 as opposed to 30 days. Please note that there are many applicants whose applications were filed earlier in time than yours and are being adjudicated accordingly. More over once there has been an adjudication, the oath ceremony needs to be scheduled, assuming your adjudcation is favorable. The Agency has indicated that this all could safely take 60 days. On the otherhand, 30 days would not suffice and would limit the Agency's ability to perform its statutory duties and responsibilities.
If you concur, I will prepare the pleading and file it upon your review and approval.
Cordially,
RR, AUSA
I am going to leave the country from May till August 07 due to mandatory military service for my home country.
1. I wrote my AUSA and suggested as the deadline of April 14 was approaching about remanding the case to the USCIS. Now if this is done, as he proposes, with prejudice what are the steps I need to follow to regain the fees. My only concern is that if it is remanded back to the USCIS I don't have an AuSA who can exert influence. Is that a realistic concern?
2. As for my absence, is there anyway to figure out at an earlier point which way whether the adjudication is going favorably and to ensure that the USCIS does not come up with the great idea of scheduling an oath ceremony for me during the absence. I know, for the last, a letter is probably enough but I want to be sure.
Thanks so much!
Best
D.
Hi, Everyone,
I filed WOM on 2/28/07 in southern district of new york. The Pro Se office told me I have to wait for the green card(return receipt) to file proof of service.
I have waited for about a month now but still haven't got the one from USCIS. I got the other 5 out of 6. so I am wondering
(1)Normally how long does it take to get the return receipt from USCIS?
(2)Anybody also from S.D.N.Y, do I REALLY have to wait for the return receipt? Can I file with the confirmation of delivery from the post office website?
Thanks a lot!
mmz
In my court they require green cards. I tried to submit e-mails from USPS, it did not fly. Depends on the court or clerk, I guess. Looks like your card may be lost (it happens). You gan get a copy of summons and send another copy of your complaint.
It should not take so long. Although I recall a couple years ago I've got green card 6 months after the actual delivery!
Hello Paz and other forum members,
"my" very active AUSA wrote me today the following email:
Dear Dr. W:
I have been informed that your file was forwarded from Washington and has now been received by the Jacksonville Field Office. All that remains is that your application be adjudicated.
To that end, I would not oppose your proposal that we file a motion dismissing your complaint with prejudice and remanding this matter to USCIS for adjudication, but within 60 as opposed to 30 days. Please note that there are many applicants whose applications were filed earlier in time than yours and are being adjudicated accordingly. More over once there has been an adjudication, the oath ceremony needs to be scheduled, assuming your adjudcation is favorable. The Agency has indicated that this all could safely take 60 days. On the otherhand, 30 days would not suffice and would limit the Agency's ability to perform its statutory duties and responsibilities.
If you concur, I will prepare the pleading and file it upon your review and approval.
Cordially,
RR, AUSA
I am going to leave the country from May till August 07 due to mandatory military service for my home country.
1. I wrote my AUSA and suggested as the deadline of April 14 was approaching about remanding the case to the USCIS. Now if this is done, as he proposes, with prejudice what are the steps I need to follow to regain the fees. My only concern is that if it is remanded back to the USCIS I don't have an AuSA who can exert influence. Is that a realistic concern?
2. As for my absence, is there anyway to figure out at an earlier point which way whether the adjudication is going favorably and to ensure that the USCIS does not come up with the great idea of scheduling an oath ceremony for me during the absence. I know, for the last, a letter is probably enough but I want to be sure.
Thanks so much!
Best
D.
I certainly would not agree to have the lawsuit dismissed with prejudice before I actually have the adjudication made by USCIS. "With prejudice" means that you would not be able to sue again USCIS once the lawsuit is dismissed by the court, even if they didn't adjudicate in the promised timeframe. I rather would accept the 60 days if this includes the oath ceremony too (instead of 30 days as you proposed) than agree in the dismissal with prejudice.
If you submit a joint stipulation and motion to dismiss the lawsuit together with AUSA, nobody wins and each party bears their own costs. In order to be able to recover your costs, you would need to be the prevailing party, i.e., the judge would need to order something what you requested and Defendants opposed. (If I remember correctly, we already discussed this a while ago when you asked this question about the costs).
If there is a court approved joint stipulation in which USCIS promises that they will adjudicate your application and in case of approval, they will schedule the oath ceremony in 60 days from the date of the order, I think that the chances are minimal that they will not keep their word. But still I think that it would be safer if the lawsuit would be dismissed without prejudice.
I don't think that there is an easy way to find out what will be the outcome of the adjudication before actually is decided. As soon as you signed the joint stipulation (or to be more precise, when the judge approves the motion), AUSA and the Court is out of the picture and you can deal only with USCIS. You probably also have your own stories, how reliable is the info you received from them.
I certainly would not use the argument you provided why you would like to not have your oath ceremony between May and August. It seems to me rather strange that you are considering to go back in your home country to serve in the military when you are about to swear allegiance to this country. Somehow I feel that these two things are not compatible. But this problem is yours, you have to deal with your own conscience; I just warn you to be careful and not to make a stupid mistake, which would jeopardize your future in the USA.
Can anyone tell mw what information that I can get from Infopass
I scheduled Infopass appointment tomorrow. I want to know some details about my status of my I-485 application, not the general information, like my case is pending. However I do not know what kind of information that I can get out of this appointment and I do not want to waste my time and chance to know it.
Could anyone do me a huge favor to tell me what questions (in details) I should ask them? Maybe like whether my NC is cleared? Where is my case now? Why did I get 2nd FP don early this year without any further progress? et al. Thanks a lot!
I scheduled Infopass appointment tomorrow. I want to know some details about my status of my I-485 application, not the general information, like my case is pending. However I do not know what kind of information that I can get out of this appointment and I do not want to waste my time and chance to know it.
Could anyone do me a huge favor to tell me what questions (in details) I should ask them? Maybe like whether my NC is cleared? Where is my case now? Why did I get 2nd FP don early this year without any further progress? et al. Thanks a lot!
Thanks a lot for your suggestion and I will contact my AUSA, however my AUSA is not nice guy and he never answer any of my questions and always told me that he is on opposite side of my case and can not tell me anything.At least, it was in my case... I remember that somebody else posted the info that things started to move after the additional FPs. My 1st FPs were expired more than 1 year ago. During the InfoPAss appointment I asked USCIS officer why the agency won't schedulue another appointment for the second FPs. The officer replied that they won't send me anything until my NC is clear because it will be a waste of time and money for me and for the agency. Anyway, when I received the letter for the FP appointment, I called AUSA and he confirmed that my NC was cleared. A week later after the FPs I received the approval letter from the DIstrict Director of USCIS, in the next 2 weeks -I received a Welcome notice, indicating the record for my residency was created, and today -I received 4 E-mails stating that the actual card was ordered for me and I should expect it in the mail within 30 days.
If I were you, I would call AUSA and ask about the progress of your case and the status of your NC. You can also call FBI directly and check on status of your FPs (there is a customer service for this).
In addition, I was not saying that additional FPs is a definite sign (or proof) for the NC clearance. But for several people including me it was true.
Thanks again, paz1960.
I scheduled an INFOPASS appointment to see if there is anything they can tell me about the status of my case. It looks like the stipulation text is standard - at least it looks identical to the stipulation received by sfbayarea, message #9730, back in March this year. I am thinking of adding something like:
If Plaintiff's petition for naturalization is not adjudicated within 30 days from the date of the Court order, and if the naturalization is approved, but the Oath is not scheduled within 15 days from the date of approval - this Court will reopen this instant case.
Best of luck!
snorlax
Snorlax,
Congratulations! I really think you can work the details out and agree with Paz comments to you. Overall I predict you'd be naturalized within 2 months!
Shvili
I read the proposed joint stipulation to dismiss. I think that you are safe, and technically you could not ask more than to compel USCIS to adjudicate your application, not to approve it. However, I would try to negotiate with AUSA to add one more sentence: "In case of approval of Plaintiff's naturalization application, USCIS will issue the oath letter within 7 days after the date of the adjudication for the next available oath ceremony."
zevs is right. I saw many reports earlier on this forum about the correlation between the 2nd FP and name check complete. It happened in my case also. I even saw an exhibit in a lawsuit, which was a response letter from USCIS to the Plaintiff, explaining the same thing what zevs just reported above.
Dear fellow participants, many thanks for your help and congratulations!Congratulations snorlax!!I know it does not make any sense. But when you are dealing with two stupid agencies, you can expect anything. Best of luck to you and please convince AUSA to add these two points in this proposed joint stipulation to dismiss
1) About oath as Paz is saying
2) About the Name check clearnce
Regards, dude
I went for INFOPASS appointment today. According to the officer my name check has been cleared on March 13th and my application approved on April 9th. I asked for anything in writing –some kind of confirmation letter, fax or may be e-mail, but she said that I should be patiently waiting for the Oath letter and check back with them if it has not arrived within 3-4 months. The officer did not know of any lawsuits nor did she care.
So in my case the second FP does appear to be an indication of the name check has been cleared (although second FP letter dated March 8th – 5 days prior to the alleged name check clearance).
The info from the USCIS contradicts my AUSA information regarding their inability to adjudicate the case due to lack of jurisdiction because of pending lawsuit. Fortunately, in my case that does not seem to matter anymore.
Best of luck!
snorlax
Saarlaender
Registered Users (C)
Urgent: Joint stipulation?
Hi Paz,
thank you for the info. Yes, I thought I had to be the prevailing party. So what is the smartest thing is to keep the AUSA in the picture as long as possible which means I should only agree to another 60 day extension and not discuss remanding the case back to the agency OR a court approved joint stipulation in which USCIS promises that they will adjudicate your application and in case of approval that they will schedule the oath ceremony in 60 days from the date of the order. But that would not make me the prevailing party?
Yes, we talked about "dismissed w/ prejudice" vs. "dismissed w/o prejudice." I am a bit confused on the terminology. So basically I have to oppose a motion and the judge has to rule in my favor to become the prevailing party.
I realize that these are two different question.
# 1 What to propose to the AUSA
# 2 The smartest way to recover the costs.
As for my military service, I have consulted with a lawyer on this issue and as my home country has the draft I am subjected to it. It is the same with Israel. As for loyalties, there are several U.S. citizen serving in the IDF (Israeli Defense Force) as they have dual citizenship and have to obey the law of both countries. The U.S. legally tolerate this condition.
Only in cases of voluntary military service for another country, i.e. a country that has not the draft, the U.S. will strip you immediately of your citizenship, if you voluntarily serve in another country's army.
But anyways, I have currently one passport and it does not state U.S.A. so if I don't follow my draft notice I would face a court martial. But this is just another issue. What is more of the burning question is what to propose to the AUSA.
Thanks a million for your help!
Best
D.
I certainly would not agree to have the lawsuit dismissed with prejudice before I actually have the adjudication made by USCIS. "With prejudice" means that you would not be able to sue again USCIS once the lawsuit is dismissed by the court, even if they didn't adjudicate in the promised timeframe. I rather would accept the 60 days if this includes the oath ceremony too (instead of 30 days as you proposed) than agree in the dismissal with prejudice.
If you submit a joint stipulation and motion to dismiss the lawsuit together with AUSA, nobody wins and each party bears their own costs. In order to be able to recover your costs, you would need to be the prevailing party, i.e., the judge would need to order something what you requested and Defendants opposed. (If I remember correctly, we already discussed this a while ago when you asked this question about the costs).
If there is a court approved joint stipulation in which USCIS promises that they will adjudicate your application and in case of approval, they will schedule the oath ceremony in 60 days from the date of the order, I think that the chances are minimal that they will not keep their word. But still I think that it would be safer if the lawsuit would be dismissed without prejudice.
I don't think that there is an easy way to find out what will be the outcome of the adjudication before actually is decided. As soon as you signed the joint stipulation (or to be more precise, when the judge approves the motion), AUSA and the Court is out of the picture and you can deal only with USCIS. You probably also have your own stories, how reliable is the info you received from them.
I certainly would not use the argument you provided why you would like to not have your oath ceremony between May and August. It seems to me rather strange that you are considering to go back in your home country to serve in the military when you are about to swear allegiance to this country. Somehow I feel that these two things are not compatible. But this problem is yours, you have to deal with your own conscience; I just warn you to be careful and not to make a stupid mistake, which would jeopardize your future in the USA.
Hi Paz,
thank you for the info. Yes, I thought I had to be the prevailing party. So what is the smartest thing is to keep the AUSA in the picture as long as possible which means I should only agree to another 60 day extension and not discuss remanding the case back to the agency OR a court approved joint stipulation in which USCIS promises that they will adjudicate your application and in case of approval that they will schedule the oath ceremony in 60 days from the date of the order. But that would not make me the prevailing party?
Yes, we talked about "dismissed w/ prejudice" vs. "dismissed w/o prejudice." I am a bit confused on the terminology. So basically I have to oppose a motion and the judge has to rule in my favor to become the prevailing party.
I realize that these are two different question.
# 1 What to propose to the AUSA
# 2 The smartest way to recover the costs.
As for my military service, I have consulted with a lawyer on this issue and as my home country has the draft I am subjected to it. It is the same with Israel. As for loyalties, there are several U.S. citizen serving in the IDF (Israeli Defense Force) as they have dual citizenship and have to obey the law of both countries. The U.S. legally tolerate this condition.
Only in cases of voluntary military service for another country, i.e. a country that has not the draft, the U.S. will strip you immediately of your citizenship, if you voluntarily serve in another country's army.
But anyways, I have currently one passport and it does not state U.S.A. so if I don't follow my draft notice I would face a court martial. But this is just another issue. What is more of the burning question is what to propose to the AUSA.
Thanks a million for your help!
Best
D.
Hi Paz,
thank you for the info. Yes, I thought I had to be the prevailing party. So what is the smartest thing is to keep the AUSA in the picture as long as possible which means I should only agree to another 60 day extension and not discuss remanding the case back to the agency OR a court approved joint stipulation in which USCIS promises that they will adjudicate your application and in case of approval that they will schedule the oath ceremony in 60 days from the date of the order. But that would not make me the prevailing party?
Yes, we talked about "dismissed w/ prejudice" vs. "dismissed w/o prejudice." I am a bit confused on the terminology. So basically I have to oppose a motion and the judge has to rule in my favor to become the prevailing party.
I realize that these are two different question.
# 1 What to propose to the AUSA
# 2 The smartest way to recover the costs.
As for my military service, I have consulted with a lawyer on this issue and as my home country has the draft I am subjected to it. It is the same with Israel. As for loyalties, there are several U.S. citizen serving in the IDF (Israeli Defense Force) as they have dual citizenship and have to obey the law of both countries. The U.S. legally tolerate this condition.
Only in cases of voluntary military service for another country, i.e. a country that has not the draft, the U.S. will strip you immediately of your citizenship, if you voluntarily serve in another country's army.
But anyways, I have currently one passport and it does not state U.S.A. so if I don't follow my draft notice I would face a court martial. But this is just another issue. What is more of the burning question is what to propose to the AUSA.
Thanks a million for your help!
Best
D.
Considering the status of your case, I don't believe that you will be able to recover your costs. In my opinion, you argee or not, the judge will dismiss the lawsuit when s/he will find out that your name check is completed and USCIS is ready to adjudicate your application. Maybe s/he will not dismiss the lawsuit but remand the case to USCIS. But this will not make you a prevailing party, because USCIS signaled that they are willing now to adjudicate your application. Considering that you filed Pro Se, I think that the $350 filing fee+mailing costs will not ruin you economically. If you would have to pay thousands of dollars for an attorney, that would be much more difficult to swallow. (Not that the $350 I could not spend it differently...)
At this stage, I would agree in a reasonable worded joint stipulation to dismiss the lawsuit, which protects you and gives you in 2 months what you really were looking for: the citizenship. Also, I would make arrangements with USCIS before I leave the country to schedule the oath ceremony (if application is approved) after I return in the US, but I would keep my mouth shut about the real reason of the travel.
About the loyalties etc. Here is the text of the Oath you (hopefully) will have to take:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. In acknowledgement whereof I have hereunto affixed my signature."
If you take this seriously (as I hope that you will), I don't see how can you square it with serving a foreign state. What if your home country will have an armed conflict with your new country (USA)? Are you going to fight in the morning in you home country's army and in the afternoon in the US army? Or are you going to shoot yourself? But, I guess, this is a topic of a different forum. Here we discuss things related to lawsuits against the Government in stalled immigration cases.
Last edited by a moderator:
Saarlaender
Registered Users (C)
Wording of Joint Stipulation
Hi Paz,
I saw that snorlax was also looking for the wording by his AUSA. I was unable to locate it.
1. What is important to include at this point. I am going to write him tomorrow.
2. Given the fact that I leave May 15 and don't return until my teaching duties start in August, what is the ideal way to deal with the CSIS?
Best
D.
I read the proposed joint stipulation to dismiss. I think that you are safe, and technically you could not ask more than to compel USCIS to adjudicate your application, not to approve it. However, I would try to negotiate with AUSA to add one more sentence: "In case of approval of Plaintiff's naturalization application, USCIS will issue the oath letter within 7 days after the date of the adjudication for the next available oath ceremony."
Hi Paz,
I saw that snorlax was also looking for the wording by his AUSA. I was unable to locate it.
1. What is important to include at this point. I am going to write him tomorrow.
2. Given the fact that I leave May 15 and don't return until my teaching duties start in August, what is the ideal way to deal with the CSIS?
Best
D.
I think you should interpret the laywer's comments ("you usually won't win, but the lawsuit would make USCIS to start to work on your case.") in a positive way. In fact it is true that almost all of this type of cases end up with a joint dismiss, which from the normal legal perspective is not a "win" to the plaintiff. However, from the sense of your getting what your want (GC or Citizenship), you indeed win.
Because of the personal information in my Opp, and the fact that I don't have time to remove the information one by one from my Opp before my posting it in this forum, please pardon me not sharing it with you.
Here I share my TOC with you. I structured my defence in this way based on (1) the facts in my case, and (2) the strategy in the MTD. Therefore, each one should re-design their defence framework.
=========
TABLE OF AUTHORITIES
INTRODUCTION
FACTUAL BACKGROUND
ARGUMENT
A. This Court does have jurisdiction over Plaintiff's Complaint, pursuant to either 28 U.S.C. §1361, or the combination of APA and §1331, if not both.
1. Adjudicating Plaintiff's AOS application is Defendants' non-discretionary duty.
2. Congress has explicit intention to request Defendants to adjust immigration applications, such as Plaintiff's AOS application, within a reasonable time period.
3 The delay in adjudicating Plaintiff's AOS application is unreasonable.
(a) Plaintiff's AOS application is very simple and typical in nature, and Plaintiff did not cause any delay in the whole process.
(b) The delay is because Defendants have not been doing their requested job.
(c) The long delay period in Plaintiff's application itself has been considered by many courts as unreasonable.
4. Plaintiff has no other remedy to seek his relief, and is constantly suffering from Defendants' unreasonable delay to adjudicate his application.
5. Both law and a majority of courts support that this Court has subject matter jurisdiction over Plaintiff's Complaint.
B. Defendants inappropriately interpreted the statutes, and misunderstood the nature of the Plaintiff's Complaint.
1. 8 U.S.C. §1252 (g) is not applicable to Plaintiff's case.
2. 8 U.S.C. §1252 (a)(2)(B) is not applicable to Plaintiff's case.
3. The APA limitations defined in the Norton case are not applicable to Plaintiff's Complaint. Instead, opinion in the Norton case supports Plaintiff's Complaint.
4. Defendants cited cases that are so factually distinguishable from Plaintiff's case that their citations hardly have any positive contribution to Defendants' legal argument.
CONCLUSION
Hi, United2007:
Thank you very much for your email. I think this is what I would like to see and follow. Plenty enough for me to work on and save me time at the same time. I appreciate it.
The lawyer I mentioned, he took my complaint and MTD, and he will take a look. I will wait and see what he is going to say, too.
Thank you all!
41906
I scheduled Infopass appointment tomorrow. I want to know some details about my status of my I-485 application, not the general information, like my case is pending. However I do not know what kind of information that I can get out of this appointment and I do not want to waste my time and chance to know it.
Could anyone do me a huge favor to tell me what questions (in details) I should ask them? Maybe like whether my NC is cleared? Where is my case now? Why did I get 2nd FP don early this year without any further progress? et al. Thanks a lot!
Definitely you need to ask about your name check status. They can check it using your A-number so take it with you. They can tell you when they sent request to FBI and when response was received, if any.
I am not sure if you can get something else from them.
gctarget06
Registered Users (C)
Dear Paz,
I am desperately looking for some advice on the following matter. Here is my situation in brief. I filed a lawsuit asking to adjudicate my petition for Advance Parole/Travel document. They've already adjudicated my travel document but my security check is still pending. My attorney sugggested me not to travel on AP until I am out of security check. I made FBI as one of the defendant and complain about the delay in my name check in my original complaint but didn't specifically ask for the clearance of it. Now the AUSA is asking to file a joint stipulation to dismiss the case "with prejudice". I am looking for ways to let the court know that my security check has not been completed yet by the defendants. Is there any way out ?? The reason I wanted to do this for following reasons.
1. Since I continue to stuck in Name check mess, all of my other immigrant & non-immigrant petitions will continue to be pending.
2. My travel document,H1b will also expire within a year and when I'd file any of new petition ,they'd meet the same fate as the other did i.e. pending forever.
3. I'll not be able to get the H1B stamp on my passport either as US consulate abroad usually doesn't grant the visa stamp until your security check is clear.
I am in a dilemma right now and don't know what to do ? Wondering if I could file something like motion for summary judgement or Default judgement asking court to grant the partial mandamus etc. ? highly appreciate your input on this.
Thanks a lot in Advance...!!!
I am desperately looking for some advice on the following matter. Here is my situation in brief. I filed a lawsuit asking to adjudicate my petition for Advance Parole/Travel document. They've already adjudicated my travel document but my security check is still pending. My attorney sugggested me not to travel on AP until I am out of security check. I made FBI as one of the defendant and complain about the delay in my name check in my original complaint but didn't specifically ask for the clearance of it. Now the AUSA is asking to file a joint stipulation to dismiss the case "with prejudice". I am looking for ways to let the court know that my security check has not been completed yet by the defendants. Is there any way out ?? The reason I wanted to do this for following reasons.
1. Since I continue to stuck in Name check mess, all of my other immigrant & non-immigrant petitions will continue to be pending.
2. My travel document,H1b will also expire within a year and when I'd file any of new petition ,they'd meet the same fate as the other did i.e. pending forever.
3. I'll not be able to get the H1B stamp on my passport either as US consulate abroad usually doesn't grant the visa stamp until your security check is clear.
I am in a dilemma right now and don't know what to do ? Wondering if I could file something like motion for summary judgement or Default judgement asking court to grant the partial mandamus etc. ? highly appreciate your input on this.
Thanks a lot in Advance...!!!
relyonself
Registered Users (C)
got a MTD from US attorney
Dear All:
Yesterday, I got answer from US attorney saying that he wants to dismiss my case, of course, I will try my best to make it not happen. Two questions:
1, should I response this answer? I remember we do not need response this answer.
2, If no, what is next step I should do.
It seems that this weekend I have to study the rule to get more information, hopefully somebody with same experience could share some information.
thanks in advance.
Dear All:
Yesterday, I got answer from US attorney saying that he wants to dismiss my case, of course, I will try my best to make it not happen. Two questions:
1, should I response this answer? I remember we do not need response this answer.
2, If no, what is next step I should do.
It seems that this weekend I have to study the rule to get more information, hopefully somebody with same experience could share some information.
thanks in advance.
beibei_sd2004
New Member
Just got MTD today. Need help from Paz and other friends for the next step.
Hi Paz and other friends here,
Just got MTD today. We plan to file Opposition to MTD at this weekend and will refer to the draft Paz posted before. Almost every case in this district for the last couple of weeks were remanded to USCIS. Not very optimistic about the results from Opposition to MTD. But definitely we will continue our efforts to fight.
Questions:
1 Any suggestions for the possible results from Opposition to MTD? What are the steps after opposition to MTD and what shall we do?
2 AUSA has asked the Court to schedule a hearing in June. What should we do for this hearing?
Any inputs are highly appreciated.
Thanks a lot
Beibei_sd2004
Hi Paz and other friends here,
Just got MTD today. We plan to file Opposition to MTD at this weekend and will refer to the draft Paz posted before. Almost every case in this district for the last couple of weeks were remanded to USCIS. Not very optimistic about the results from Opposition to MTD. But definitely we will continue our efforts to fight.
Questions:
1 Any suggestions for the possible results from Opposition to MTD? What are the steps after opposition to MTD and what shall we do?
2 AUSA has asked the Court to schedule a hearing in June. What should we do for this hearing?
Any inputs are highly appreciated.
Thanks a lot
Beibei_sd2004
Although I'm not convinced that it is necessary, but I followed the rule of thumb to send a copy of everything to the US Attorney's office when I file a document with the court. You definitely don't need to send copies to the defendants. From now on, AUSA will be the counsel of all the defendants and you have to deal with him/her.
Hi Paz,
When you say "send a copy everything to the US Attorney's office", do you mean the local US Attorney's office, or the one in DC?
Thanks!