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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
MTD after 60 days?
Hi all,
I've been in email contact with my AUSA once a week since I spoke to her about a month ago. She sent me an email today saying that they are going to file a response to my complaint by next week (response due date, I filed Feb 21 and Def. served Feb 26) and it's going to be an MTD. She said this is their standard response on these cases.
She also said she won't ask me to agree to extend their time to answer because FBI can't give her any estimate on when the name check will be completed.
All cases I saw before there was never a MTD on the first due date, I found this a bit odd.
In her previous emails and today's she confirmed that the expedited name check was requested. Do you think I should ask for an extension?
I was thinking to ask for one and mention that I would like to hire an attorney if they are going to file a MTD.
your input is highly appreciated. Thanks
Hi all,
I've been in email contact with my AUSA once a week since I spoke to her about a month ago. She sent me an email today saying that they are going to file a response to my complaint by next week (response due date, I filed Feb 21 and Def. served Feb 26) and it's going to be an MTD. She said this is their standard response on these cases.
She also said she won't ask me to agree to extend their time to answer because FBI can't give her any estimate on when the name check will be completed.
All cases I saw before there was never a MTD on the first due date, I found this a bit odd.
In her previous emails and today's she confirmed that the expedited name check was requested. Do you think I should ask for an extension?
I was thinking to ask for one and mention that I would like to hire an attorney if they are going to file a MTD.
your input is highly appreciated. Thanks
united2007
Registered Users (C)
I still can write a letter to the judge after reply
I just called the clerk of my case, and learned that I could still write letter to the judge even after I got AUSA's reply to my OPP.
I checked the recent dismissed AOS case in D.N.J, I found the letter from the AUSA played a visible role in that judge's final order. Basically, in his letter, the AUSA simply attached two recent AOS case orders (the full text of the orders), which dismissed the WOM complaints. The N.J. judge cited quite a few things from those dismissed cases.
Now, in my my AUSA's reply to my OPP, my AUSA simply attached the full text of the two original orders, plus the new D.N.J order. They are accumulating their force quickly in this way. The situation for D.N.J is now like this: One judge has for the first time issued a "bad" order on a 2.5-year-delayed AOS case. I think the immediately pending case is mine, which is a 3.5-year-delayed case. If my case also got a "bad" order, I think we probably lose the D.N.J in the same way as we lost districts of E.D.Va. and S.D.N.Y.
My problem now is that I stil can't find any most recent orders to side with us. Is there anyone knowing any new success AOS cases?
I just called the clerk of my case, and learned that I could still write letter to the judge even after I got AUSA's reply to my OPP.
I checked the recent dismissed AOS case in D.N.J, I found the letter from the AUSA played a visible role in that judge's final order. Basically, in his letter, the AUSA simply attached two recent AOS case orders (the full text of the orders), which dismissed the WOM complaints. The N.J. judge cited quite a few things from those dismissed cases.
Now, in my my AUSA's reply to my OPP, my AUSA simply attached the full text of the two original orders, plus the new D.N.J order. They are accumulating their force quickly in this way. The situation for D.N.J is now like this: One judge has for the first time issued a "bad" order on a 2.5-year-delayed AOS case. I think the immediately pending case is mine, which is a 3.5-year-delayed case. If my case also got a "bad" order, I think we probably lose the D.N.J in the same way as we lost districts of E.D.Va. and S.D.N.Y.
My problem now is that I stil can't find any most recent orders to side with us. Is there anyone knowing any new success AOS cases?
Congratualtions! and thank you for sharing your experiance! Could you tell us in general what did you write in that letter to first lady. Did you tell them that you have filed a lawsuit. Also, please share the address where you sent your letter. I am hearing this from other users on the other forum "My Namecheck Experiance" that there name check is also cleared because of a letter to the first lady. I think it is not going to hurt me and I would like to give it a try. Please share this info with us. Thank you, regards, dude
Hi DUDE,
I didn't mention the lawsuit in the letter. The letter is very simple:
1) Introduce myself and the background.
2) Describe the detail of the delay on my I-485 and FBI name check.
3) Describe the negative impact on my personal life and on my family.
4) A list of detail information (Receipt Number, Received date, A-Number...).
Address:
Laura Bush
First Lady of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Hopefully this is helpful!
I just called the clerk of my case, and learned that I could still write letter to the judge even after I got AUSA's reply to my OPP.
I checked the recent dismissed AOS case in D.N.J, I found the letter from the AUSA played a visible role in that judge's final order. Basically, in his letter, the AUSA simply attached two recent AOS case orders (the full text of the orders), which dismissed the WOM complaints. The N.J. judge cited quite a few things from those dismissed cases.
Now, in my my AUSA's reply to my OPP, my AUSA simply attached the full text of the two original orders, plus the new D.N.J order. They are accumulating their force quickly in this way. The situation for D.N.J is now like this: One judge has for the first time issued a "bad" order on a 2.5-year-delayed AOS case. I think the immediately pending case is mine, which is a 3.5-year-delayed case. If my case also got a "bad" order, I think we probably lose the D.N.J in the same way as we lost districts of E.D.Va. and S.D.N.Y.
My problem now is that I stil can't find any most recent orders to side with us. Is there anyone knowing any new success AOS cases?
I am also in NJ. I think they are now really fighting this back bad (again the timing is to prove my bad luck).
I have a question: how long you have to reply to the MTD? and can you ask for an extension for the OPP?
Hi all,
I've been in email contact with my AUSA once a week since I spoke to her about a month ago. She sent me an email today saying that they are going to file a response to my complaint by next week (response due date, I filed Feb 21 and Def. served Feb 26) and it's going to be an MTD. She said this is their standard response on these cases.
She also said she won't ask me to agree to extend their time to answer because FBI can't give her any estimate on when the name check will be completed.
All cases I saw before there was never a MTD on the first due date, I found this a bit odd.
In her previous emails and today's she confirmed that the expedited name check was requested. Do you think I should ask for an extension?
I was thinking to ask for one and mention that I would like to hire an attorney if they are going to file a MTD.
your input is highly appreciated. Thanks
I do not think that AUSA will go for another extension if she has decided to file a MTD, but u can give it a try. Do u know that in your district, how many days u have to file an opposition to MTD. It will be a good idea if u you can start preparing your opposition now. Is your case 1447b or WOM. Please, also tell me which district are u in. I am asking u this because I am saving some lawyers' phone numbers who are dealing with these type of cases. If I have a number of a lawyer in your district, I will PM you. good luck to you, regards, dude
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I got MTD on my first due date (filed Jan 17th and MTD dated March 26th). So your case is not an odd one.
Hi all,
I've been in email contact with my AUSA once a week since I spoke to her about a month ago. She sent me an email today saying that they are going to file a response to my complaint by next week (response due date, I filed Feb 21 and Def. served Feb 26) and it's going to be an MTD. She said this is their standard response on these cases.
She also said she won't ask me to agree to extend their time to answer because FBI can't give her any estimate on when the name check will be completed.
All cases I saw before there was never a MTD on the first due date, I found this a bit odd.
In her previous emails and today's she confirmed that the expedited name check was requested. Do you think I should ask for an extension?
I was thinking to ask for one and mention that I would like to hire an attorney if they are going to file a MTD.
your input is highly appreciated. Thanks
Thank you!
Thank you very much for the info!!!
Hi DUDE,
I didn't mention the lawsuit in the letter. The letter is very simple:
1) Introduce myself and the background.
2) Describe the detail of the delay on my I-485 and FBI name check.
3) Describe the negative impact on my personal life and on my family.
4) A list of detail information (Receipt Number, Received date, A-Number...).
Address:
Laura Bush
First Lady of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Hopefully this is helpful!
Thank you very much for the info!!!
united2007
Registered Users (C)
14 days before the MTD date
According to the local rules, your initial OPP deadline is 14 days before the date proposed by your MTD, which gives you at least 10 days to prepare for your OPP, because MTD is request to be filed at least 24 days before the proposed date. Normally you got more than 10 days due to some other reasons. You can extend your deadline for about two extra weeks automatically by filing an extension request.
All of the details are in the local rules.
I am also in NJ. I think they are now really fighting this back bad (again the timing is to prove my bad luck).
I have a question: how long you have to reply to the MTD? and can you ask for an extension for the OPP?
According to the local rules, your initial OPP deadline is 14 days before the date proposed by your MTD, which gives you at least 10 days to prepare for your OPP, because MTD is request to be filed at least 24 days before the proposed date. Normally you got more than 10 days due to some other reasons. You can extend your deadline for about two extra weeks automatically by filing an extension request.
All of the details are in the local rules.
Last edited by a moderator:
Hi akram,
I do not think that it will help in any way if you tell the AUSA that you are going to hire an attorney if they file MTD. These days, AUSA do not have much to say, all of the power is in the hand of general counsel and most of the times even general counsel do not tell the AUSA much. I am seeing that environment for 1447b and WoM cases are not very promising and it is more ruthless for Pro Se like us.
Also, it is not unusual a MTD after 60 days. I have seen variety in this, some time, with in 60 days, some time after 2 to 3 extensions and sometime just after 60 days.
I suggest hiring an attorney now, if you are thinking to do later. Also, MTD is not that bad; by this at least you can get a ruling, positive or not, depends upon judge.
Do not be discourage with the situation, just keep fighting.
Good luck
I do not think that it will help in any way if you tell the AUSA that you are going to hire an attorney if they file MTD. These days, AUSA do not have much to say, all of the power is in the hand of general counsel and most of the times even general counsel do not tell the AUSA much. I am seeing that environment for 1447b and WoM cases are not very promising and it is more ruthless for Pro Se like us.
Also, it is not unusual a MTD after 60 days. I have seen variety in this, some time, with in 60 days, some time after 2 to 3 extensions and sometime just after 60 days.
I suggest hiring an attorney now, if you are thinking to do later. Also, MTD is not that bad; by this at least you can get a ruling, positive or not, depends upon judge.
Do not be discourage with the situation, just keep fighting.
Good luck
Hi all,
I've been in email contact with my AUSA once a week since I spoke to her about a month ago. She sent me an email today saying that they are going to file a response to my complaint by next week (response due date, I filed Feb 21 and Def. served Feb 26) and it's going to be an MTD. She said this is their standard response on these cases.
She also said she won't ask me to agree to extend their time to answer because FBI can't give her any estimate on when the name check will be completed.
All cases I saw before there was never a MTD on the first due date, I found this a bit odd.
In her previous emails and today's she confirmed that the expedited name check was requested. Do you think I should ask for an extension?
I was thinking to ask for one and mention that I would like to hire an attorney if they are going to file a MTD.
your input is highly appreciated. Thanks
MTD and AUSA
Thank you guys for the replies.
so you are saying I have 10 + 14 days after the MTD is filed.
I will send my AUSA an email requesting an extension instead of a MTD on the due date.
I don't know if this is possible but do you think I can meet up with my AUSA in person? if I show up to the US Attorney's office in Newark you think I can ask to speak to my AUSA? I would like to meet in person with my AUSA after I request the extension to get more details about the expedited name check requested and the status of my case.
Thanks
Thank you guys for the replies.
so you are saying I have 10 + 14 days after the MTD is filed.
I will send my AUSA an email requesting an extension instead of a MTD on the due date.
I don't know if this is possible but do you think I can meet up with my AUSA in person? if I show up to the US Attorney's office in Newark you think I can ask to speak to my AUSA? I would like to meet in person with my AUSA after I request the extension to get more details about the expedited name check requested and the status of my case.
Thanks
Thank you guys for the replies.
so you are saying I have 10 + 14 days after the MTD is filed.
I will send my AUSA an email requesting an extension instead of a MTD on the due date.
I don't know if this is possible but do you think I can meet up with my AUSA in person? if I show up to the US Attorney's office in Newark you think I can ask to speak to my AUSA? I would like to meet in person with my AUSA after I request the extension to get more details about the expedited name check requested and the status of my case.
Thanks
I do not think that it is a good idea to go directly to the US attroney office without having an appointment with the AUSA. Why don't you call or email AUSA and let her know that you want to meet her. Ask for the extension first, if she agress, then, u would not need to worry about it. Good luck, regards, dude
Thank you guys for the replies.
so you are saying I have 10 + 14 days after the MTD is filed.
I will send my AUSA an email requesting an extension instead of a MTD on the due date.
I don't know if this is possible but do you think I can meet up with my AUSA in person? if I show up to the US Attorney's office in Newark you think I can ask to speak to my AUSA? I would like to meet in person with my AUSA after I request the extension to get more details about the expedited name check requested and the status of my case.
Thanks
DUDE is right, most likely you will never get over the receptionist if you don't have a prearranged appointment with your AUSA. Call him/her and explain that you would like to have a personal meeting to discuss your case and the possibilities how to proceed.
Congratulations. We have similar experience.
My lawsuit is 1447(b) regarding my stalled naturalization. I am a pro se.
Writing a letter to First Lady worked for me too. FBI notified me of finalized results being sent to USCIS in mid March 2007. I register-mailed a copy of FBI letter to USCIS local office right away, no news from USCIS. I also scanned and emailed the FBI letter to AUSA, no response from AUSA either.
In light of the FBI letter, what do I need to do now? do I need to file anything with the court? do I need to:
1) amend my lawsuit and remove FBI from the defendants' list? Or
2) Wait for AUSA to contact me first (AUSA still has 2 weeks before the deadline to respond to my lawsuit)? Or
3) do nothing for now?
thanks!
I wouldn't worry at all that FBI is still a defendant; AUSA will take care of this if they file a motion, they will ask the court to dismiss defendant FBI because they did their part of the job. You probably asked in your Prayer to compel FBI to complete your name check and after that USCIS to adjudicate your application. The first part of the complaint will be moot, but the other reliefs you asked will stay valid and the judge will need to rule on them (unless, your case will be adjudicated before the deadline, which is very likely, in my opinion).
Congratulations. We have similar experience.
My lawsuit is 1447(b) regarding my stalled naturalization. I am a pro se.
Writing a letter to First Lady worked for me too. FBI notified me of finalized results being sent to USCIS in mid March 2007. I register-mailed a copy of FBI letter to USCIS local office right away, no news from USCIS. I also scanned and emailed the FBI letter to AUSA, no response from AUSA either.
In light of the FBI letter, what do I need to do now? do I need to file anything with the court? do I need to:
1) amend my lawsuit and remove FBI from the defendants' list? Or
2) Wait for AUSA to contact me first (AUSA still has 2 weeks before the deadline to respond to my lawsuit)? Or
3) do nothing for now?
thanks!
In my case, I got a MTD before receiving this FBI letter, so I will just include this letter into the Opposition to MTD, and I will still go head file the Opposition. It will make my WOM case much stronger. I think now it is very hard for AUSA to defend USCIS in such situation. My lawyer called AUSA, and informed me that there should be some actions on my case in the next couple weeks.
To answer your question: if you have not received MTD yet, and it is very close to 60 days deadline, I think it would be Ok to wait AUSA to act. AUSA must to contact you before the deadline; and, I don't think they have any good argument to build a strong MTD under your current situation. So, you don't have to worry about MTD. However, if I was you, I would try my best to contact AUSA as soon as possible. I think you are very close to the end of this nightmare. Pushing harder may just get you to your goal a little bit earlier.
I would not amend my WOM. After all, FBI is still the source of this big mass.
Regards,
Should I amend the complaint?
Hi, Paz and other WOMers:
I filed I485 WOM Pro Se. However, I made a mistake in the prayers: asking an approval from the USCIS. Now, I received a MTD from AUSA. What should I do?
- Is it better to file a motion of amendment to correct the mistake, then file an opposition for the MTD?
Any suggustions?
Thanks,
Hi, Paz and other WOMers:
I filed I485 WOM Pro Se. However, I made a mistake in the prayers: asking an approval from the USCIS. Now, I received a MTD from AUSA. What should I do?
- Is it better to file a motion of amendment to correct the mistake, then file an opposition for the MTD?
Any suggustions?
Thanks,
Last edited by a moderator:
My Ausa said she is fine with a 30 days extension. so that's good hopefully the name check will be cleared by then.
at my demand, she also confirmed that FBI got the expedited name check request and that they received it on 4/5/07.
when do you guys think it should be cleared? a month from that day or more?
at my demand, she also confirmed that FBI got the expedited name check request and that they received it on 4/5/07.
when do you guys think it should be cleared? a month from that day or more?
My Ausa said she is fine with a 30 days extension. so that's good hopefully the name check will be cleared by then.
at my demand, she also confirmed that FBI got the expedited name check request and that they received it on 4/5/07.
when do you guys think it should be cleared? a month from that day or more?
It depends how many positive hits you have and how many files they have to reterive. I also want to say that in my opinion, if your AUSA has already filed an extension and you are waiting for a response, it is not a good idea to call AUSA every week. You can call her every three weeks although it will not help to improve your situation. I think we should understand that now a days, AUSAs may have alot of cases assinged to them and they may be over whlemed and if u are keep calling them, it can irritate them. I am glad that u got an extension. In my opinion, it could take another one to two months before your expediated name check completes. Best of luck to you!! regards, dude
always.wired
Registered Users (C)
Thanks for your reply.
Paz,
Thanks for your reply. This helps.
I tried to answer your questions sent to me in a PM, but for some reason it didn't go through (I tried 3 times, retyping the same thing three times...). Because there was nothing personal in the questions and some other members might be interested too, here are my answers:
Hi,
Some of the arguments I saw in different lawsuits why you want your citizenship NOW rather than wait further:
-you can't vote
-you can't travel with US passport, which means that you need visa in some countries where you wouldn't need as a US citizen
-you can't sponsor immediate relatives to immigrate in the US (or at least not in the citizen category and as only a LPR your relatives would need to wait many years till they would get an immigrant visa)
-you can't apply for certain federal jobs where citizenship is a prerequisite.
My case was based on 1447(b), so I didn't study in great detail WOM; but in many cases I saw that waiting 2 or more years was considered unreasonable delay. But is really up to the judge, because there is no clear definition in the statues what is "unreasonable delay".
Regards,
paz
Paz,
Thanks for your reply. This helps.
Bushmaster
Registered Users (C)
AAAAAAARRRRRRRRRRRGGGGGGGHHHHHHHHH! I JUST RECEIVED USCIS STATUS ON MY CASE WHICH IS GOING TO COURT TOMORROW....
April 5th
I forgot to get back to you on this. The file is now back with the officer who handles the military N-400s. She is doing a search/expedited request for the RAP sheet. Then she will review, make the final decision, and contact the applicant.
April 17th
Officer has contacted me with the information that she has not yet gotten the updated RAP sheet - she is still working on this. The G-325B, military background checks report has now expired, so she has sent a request for a new one.
I AM SO F#$#$%# MAD!!! How can this shithead not get a fingerprint sheet that is done in 24-48 hours since FEBRUARY 9? They waited forever now they are coming up with the excuse my "military background checks" are expired. That crap is requested by the miltary on post and it takes 24-48 hours to get a response, how can this shithead request one?
It seems to me they are dragging their feet for no reason while other service members are getting their approvals in no time. I am extremely worried that this f@#$%#g lazy officer will move to deny my application if forced to make a decision by the Judge tomorrow in a very short deadline... I can not let this case be remanded back to USCIS.
April 5th
I forgot to get back to you on this. The file is now back with the officer who handles the military N-400s. She is doing a search/expedited request for the RAP sheet. Then she will review, make the final decision, and contact the applicant.
April 17th
Officer has contacted me with the information that she has not yet gotten the updated RAP sheet - she is still working on this. The G-325B, military background checks report has now expired, so she has sent a request for a new one.
I AM SO F#$#$%# MAD!!! How can this shithead not get a fingerprint sheet that is done in 24-48 hours since FEBRUARY 9? They waited forever now they are coming up with the excuse my "military background checks" are expired. That crap is requested by the miltary on post and it takes 24-48 hours to get a response, how can this shithead request one?
It seems to me they are dragging their feet for no reason while other service members are getting their approvals in no time. I am extremely worried that this f@#$%#g lazy officer will move to deny my application if forced to make a decision by the Judge tomorrow in a very short deadline... I can not let this case be remanded back to USCIS.