Paz,
glad to see your post!! Please, do come back from time to time! Would you comment on the new bill gmlvsk shared?
It's really nice to hear from you!
Shvili
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Paz,
glad to see your post!! Please, do come back from time to time! Would you comment on the new bill gmlvsk shared?
It's really nice to hear from you!
Shvili
What motions are filed in you case? Let's just hope that when she finally talks it's in your favor
!WhyThisDelay
Registered Users (C)
another cool way to research your attorney
Go to link http://pview.findlaw.com/view/3419665_1?channel=LP and search your attorney. then look at the cases he is currently fighting.
But you'd need westlaw username/pw - which seems to be tedious. I'm still waiting for my username to be confirmed by them, so that i can use it.
Go to link http://pview.findlaw.com/view/3419665_1?channel=LP and search your attorney. then look at the cases he is currently fighting.
But you'd need westlaw username/pw - which seems to be tedious. I'm still waiting for my username to be confirmed by them, so that i can use it.
WhyThisDelay
Registered Users (C)
Long distance attorney vs local attorney.
Is there any special benefit of having a local attorney. I called up a couple of them today. The thing which stuck me was one of them told me that he never had to go to court or even face the ausa (face to face) for mandamus case. He used to get his work done by emails/ conf. calls / phone calls/ fax etc.
But all the attorneys I called either charged 5K or charged 3.5k. But the 3.5k guys did not really have any experience with wom for 485.
I was thinking since local court going is not required at all and since Daniel huang has experience of 100s of such cases and charges 3k rather than 5k, why not file via him.
Also, do you guys think I should talk to local lawyers and ask them to bring down their price?
Anyone sees any good/bad with above argument?
Is there any special benefit of having a local attorney. I called up a couple of them today. The thing which stuck me was one of them told me that he never had to go to court or even face the ausa (face to face) for mandamus case. He used to get his work done by emails/ conf. calls / phone calls/ fax etc.
But all the attorneys I called either charged 5K or charged 3.5k. But the 3.5k guys did not really have any experience with wom for 485.
I was thinking since local court going is not required at all and since Daniel huang has experience of 100s of such cases and charges 3k rather than 5k, why not file via him.
Also, do you guys think I should talk to local lawyers and ask them to bring down their price?
Anyone sees any good/bad with above argument?
Tha
Thank you so much Shvili!! No, AUSA did not file an answer. I spoke to him about three weeks ago and explained my situation. He was very courteous. I asked him politely to ask FBI to expedite my Name Check and he says Yes, we will do it. I personally think that they look at each case and how fast your case moves depends on many factors such as how old the case is?? Is there an urgent need to adjudicate the application?? AUSA attitude and your communication with him, and your complaint, district etc etc.
So, in my case, because I was seeing on Pacers that my AUSA had many cases(Both AOS and 1447b) assigned to him and he is resolving most of them and also because he said the they will ask FBI to expedite my Name check, I told him that he could put one month extension if he wants and he did it. I also did it because I was looking at Pacers that he was putting extensions to many of the cases, but he was also resolving cases(I mean people were getting their applications approved). He was not putting any MTDs, but only answers. But this was my experience and each case, district and AUSA is different and each of us should use her/his own common sense when dealing with AUSA.
Good luck shvili. It seems to me that your case is very strong and straightforward and you are also in a friendly district. So, You will hear the good news soon. And yes, I will try my best to come here and help newcomers. Thanks again and best of luck to you!!
Although I posted it yesterday, but here are my timelines again
March 2004 (N-400)
August 2004 (First FP)
May 2005( Interview, passed everthing but Name check was pending)
November 2005 (seconed FP)
Feb 2007 (Third FP)
March 2007 (1447b filed Pro Se)
May 2007( Recived an approval and oath letter)
Oath June 2007
DUDE, CONGRATULATIONS!!!
So glad to hear of your victory!!! And you must be celebrating it yourself double since you did an attorney's work (plus saved yourself $$$!) Would you please tell your timeline (Although of course I remember your posts but please remind all the outlines.) Did AUSA file an answer/MTD? What communication have you had with him/her?
Again, it looks like they are trying to act fast this spring (Again, I just hope this trend would continue into the summer
Have a happy ceremony and please, stay for a while and advise all of us and the new members.
Shvili
Thank you so much Shvili!! No, AUSA did not file an answer. I spoke to him about three weeks ago and explained my situation. He was very courteous. I asked him politely to ask FBI to expedite my Name Check and he says Yes, we will do it. I personally think that they look at each case and how fast your case moves depends on many factors such as how old the case is?? Is there an urgent need to adjudicate the application?? AUSA attitude and your communication with him, and your complaint, district etc etc.
So, in my case, because I was seeing on Pacers that my AUSA had many cases(Both AOS and 1447b) assigned to him and he is resolving most of them and also because he said the they will ask FBI to expedite my Name check, I told him that he could put one month extension if he wants and he did it. I also did it because I was looking at Pacers that he was putting extensions to many of the cases, but he was also resolving cases(I mean people were getting their applications approved). He was not putting any MTDs, but only answers. But this was my experience and each case, district and AUSA is different and each of us should use her/his own common sense when dealing with AUSA.
Good luck shvili. It seems to me that your case is very strong and straightforward and you are also in a friendly district. So, You will hear the good news soon. And yes, I will try my best to come here and help newcomers. Thanks again and best of luck to you!!
Although I posted it yesterday, but here are my timelines again
March 2004 (N-400)
August 2004 (First FP)
May 2005( Interview, passed everthing but Name check was pending)
November 2005 (seconed FP)
Feb 2007 (Third FP)
March 2007 (1447b filed Pro Se)
May 2007( Recived an approval and oath letter)
Oath June 2007
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Thank You Paz!
Paz, my man. I do not have words to express my gratitude. Without your help, encouragment and unending patience, it would have been very difficult for me to file this complaint. Thank you so much. Yes, this is true that I really work hard on my compalint although I started with the copy of your complaint(The one you posted here on the forum without persoanl info) and edited it as I was going along. And then, I remember, when I mailed you to check it, u told me that I still have to edit the exhibits. Hey, what can I do, I learned some bad habits from CIS . Anyway, Paz. You take care. Talk to you later. regards, dude
Paz, my man. I do not have words to express my gratitude. Without your help, encouragment and unending patience, it would have been very difficult for me to file this complaint. Thank you so much. Yes, this is true that I really work hard on my compalint although I started with the copy of your complaint(The one you posted here on the forum without persoanl info) and edited it as I was going along. And then, I remember, when I mailed you to check it, u told me that I still have to edit the exhibits. Hey, what can I do, I learned some bad habits from CIS
. Anyway, Paz. You take care. Talk to you later. regards, dude
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Thank you akram88 and Congratulations to you too. I am sorry I missed your post from last week as I was busy and now I just found out that u got it last week too. It is not surprise to see how fast they work when u file a lawsuit. congrt again and good luck in everything!! regards, dude
I think non-local attorney is fine
In my last query in PACER of cases under the AUSA assigned to my case, I found that the attorneys representing the plaintiffs aren't always local. Daniel Huang is one of the attorneys who are not local to my district and whose name has appeared a few times....
Additionally, I've also seen WOM cases filed in Lincoln, Nebraska where the service center is located and not in the resident district. If done that way, that would also mean neither the representing attorneys nor the plaintiffs would be local to where the court is.
In my last query in PACER of cases under the AUSA assigned to my case, I found that the attorneys representing the plaintiffs aren't always local. Daniel Huang is one of the attorneys who are not local to my district and whose name has appeared a few times....
Additionally, I've also seen WOM cases filed in Lincoln, Nebraska where the service center is located and not in the resident district. If done that way, that would also mean neither the representing attorneys nor the plaintiffs would be local to where the court is.
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Talk to Carlina, very genuine lady. She is the president of AILA http://www.trgpc.com/
I did NOT use her for filing the WOM, but did consult her.
Good luck.
If that's the case, you can file motion to expedite. You have a very good reason to ask for expedited resolution of your case as you continue to suffer while your case is pending.
Congrats, Dude and Mingjing!
This is sweet, man! I'm glad for you and Mingjing. Congratulations!
It's great news!
This is sweet, man! I'm glad for you and Mingjing. Congratulations!
It's great news!
ipoh,
How is your case going? Did you appeal or filed a new case?
Hope everything will work out for you.
It's not that easy. Make sure your candidate has a Bar membership for your federal district (i.e the district where you will file a complaint) or is willing to fill an application for admission. In some cases, it involves passing an examination of some sort.
5K seems to be on the expensive side. Why not file lawsuit yourself and hire attorney after you file? There are drawbacks to this approach, but not many.
Another option is to prepare a draft of your complaint and ask attorney to take a look at it or ask attorney to reduce the price as you will provide a draft.
IMHO, file it yourself and work with AUSA to expedite your stalled application.
Let's face it, we do not want to go to court just to win a judgment against USCIS. Our main goal is to make USCIS to do its job. It's sad that we need to use such extreme measures to compel government to do its job.
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Can someone please elaborate on their experiences with oath after NC
akram88, I had partially this experience. I traveled several times abroad after my interview. I prepared a list of these travels with the date of leaving, date of return, no. of days abroad, country, business/leisure and the page no. in my passport of the entry stamp at the return in US. I handed over this list to the USCIS officer before the oath ceremony begun, he added up the total no. of days abroad and attached this list to my oath letter and nothing more.
I had no traffic violation, but I remember some member had two speeding tickets and simply showed proof that s/he paid these tickets. I think that you should be fine if you follow these procedures.
Shvili, I read briefly that draft, there is very little and unspecific about the name check; only a recommendation about forming a task force who will handle cases older than 2 years. I didn't notice anything about the WOM and 1447(b) lawsuits. I think that it is rather useless to speculate too much about this draft, because it will certainly change a lot till becomes a signed law (if this ever happens).
Amend complaint
Dear All,
Need your help.
USCIS was not my defendant when I filed WOM in Feb, FBI was the defendant. I got MTD from AUSA. I should add USCIS as a Defendant. Now, I plan to do it. Could you tell me what risk I will take? If I amend the complaint, do my case will be a new case? I mean the schedule! Please help. I cannot find some info online.
Thanks ahead.
Best Regards,
Amyamy
Dear All,
Need your help.
USCIS was not my defendant when I filed WOM in Feb, FBI was the defendant. I got MTD from AUSA. I should add USCIS as a Defendant. Now, I plan to do it. Could you tell me what risk I will take? If I amend the complaint, do my case will be a new case? I mean the schedule! Please help. I cannot find some info online.
Thanks ahead.
Best Regards,
Amyamy