Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

Thank you!

shvili said:
DUDE,

Congratulations!!! Enjoy being a citizen!

About subpoena, that's a good idea. Somehow I missed that info, so I'll search Wenlock's posts again. Did you do it yourself? We are still waiting, the answer is due July 7th, but so far no word from AUSA. (I called and left message, he didn't call back, so I guess we have to start that bugging game...:eek: )

About your advise to Samhad,:"I do not know if u will need to reopen the case if u wanna do this since the judge remand it back."
-don't judges usually keep jurisdiction until remand time limit is due to make sure CIS adjudicated? I saw many requests to keep jurisdiction until case resolved, but I thought they don't really close until case is granted. (It's frustrating that there's so much we need to know and still don't know about this ordeal:confused: ).

Good to hear form you, please stay with us on this forum!
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Thank you shvili!
I think you are right. Samhad should not have any problem with this subpoena as long as he does it before July 7. After that date, I do not know what they will do.
And about your case. Are you checking your AUSA's current and previous cases on PACER. Actually, that's what I did and therefore, I had very good idea how AUSA will respond. ok, Best of luck to you!! Don't worry, u will hear the good news soon!! regards, dude
 
120 days remand

thanx guys.....for all the tips little bit more info i forgot to mention judge has not closed the case yet.....he just remanded with 120 days notice judge in his reply denied ausa argument of jurisdiction .........he said this court held the jursidiction...but he mentioned court doesn"t have the tools to clear my name check......the case is still opened i was going to email the orginal lawyer tht was set to defend defandants....but my latest expreience told me it would be waste of time........but quick question suponea from court to f.b.i ?can someone pls explain step by step wht it is suppose to do and what exactly is it?thank for all the help guys keep up the good work.......:D
 
"Negligent Driving" Ticket

Do you guys think having a "Negligent driving" ticket would adversely affect the N-400 adjudication? Have you heard of anybody whose N-400 was rejected because of this kind of ticket?
 
DUDE12190 said:
Thank you shvili!
I think you are right. Samhad should not have any problem with this subpoena as long as he does it before July 7. After that date, I do not know what they will do.
And about your case. Are you checking your AUSA's current and previous cases on PACER. Actually, that's what I did and therefore, I had very good idea how AUSA will respond. ok, Best of luck to you!! Don't worry, u will hear the good news soon!! regards, dude
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DUDE,

thank you for the reply. I checked AUSA cases, and I know that in Minging's case he filed MTD. But so far I did'n see him filing MTD in Naturalizaion cases. It may not mean anything, as I know the same office filed MTD in another N-400 case just recently. So it's hard to predict but the question is, what are they going to use if filing MTD? Danilov again??? The funny thing, in his AOS MTD this same AUSA said, that there's no jurisdiction because, "unlike 1447 section, there is no timelimit in AOS adjudication" So he himself accepted jurisdiction in 1447 cases (just like some judges did in their granting MTD)! And I think we may be able to use it if we need to Oppose if he files MTD. But I'm just really curious what they can use in our case, as we filed 1447, almost 4 years of waiting, and clean file.:rolleyes:

Thank you for your good wishes!
 
samhad10 said:
thanx guys.....for all the tips little bit more info i forgot to mention judge has not closed the case yet.....he just remanded with 120 days notice judge in his reply denied ausa argument of jurisdiction .........he said this court held the jursidiction...but he mentioned court doesn"t have the tools to clear my name check......the case is still opened i was going to email the orginal lawyer tht was set to defend defandants....but my latest expreience told me it would be waste of time........but quick question suponea from court to f.b.i ?can someone pls explain step by step wht it is suppose to do and what exactly is it?thank for all the help guys keep up the good work.......:D
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Samhad,
please clarify: is your case a green card or a naturalization? And what is your district? In any case, it's good that the judge remanded with a timelimit, so hopefully you'll win soon. Really, Paz is right, I never heard CIS going against judges order, but of course you should be prepared for anything... If they delay it again, I'm sure judge will not be happy with them and will cause them some discomfort :D. Please check Wenlock's posts about the subpoena, too, but I hope you won't need to use it as they should have it resolved within days.

Good luck and please share your (hopefully good) news!
 
my case is naturalization N400.......PENDING SINCE 2003...LAWSUIT WAS FILED LAST YEAR IN MAY SUMMONS WERE SERVED IN OCTOBER DUE TO ERROR BY CLERKS OFFICE TWICE...THAN AUSA REQUESTED 60 DAYS EXTENSION THAN 30 DAYS AND THAN FILED A MTD WHICH JUDGE DIDN"T BUY IT BUT GRANTED A REMAND WITHOUT A TIME LIMIT AS REQUESTED BY AUSA....i FILED A COUNTER MTD ARGUED ABOUT JURISDICTION AND TIME LIMIT JUDGE CALLED FOR HEARING TOOK BACK HIS REMAND WITHOUT TIME LIMIT AND IN MY FAVOR GAVE 120 DAYS WITH REMAND.....JUDGES DECISON WAS INFLUENCED BY ME REPEATING THE TACTICS USED BY AUSA TO DELAY ...AND THAN CHANGING THE LAWYER OVERNITE LITERALLY....WHEN JUDGE ASKED HIM QUESTIONS HE GOT NERVOUS OR BLAMED PREVIOS ATTORNEY WHO HANDED HI MTHE CASE....BUT JUDGE TOLD ME HIS HANDS WERE TIED TOO CAUSE HE WORKS FOR THE GOVT TOO...SO HE COMPROMISED BY GIVING 120 DAYS INSTEAD OF 30 DAYS ORGINALLY REQUESTED...:eek:
 
I finally filed a lawsuit on 5/14/07 after procrastinating for months. My N-400 interview was on 7/15/07. My case is assigned to a nice AUSA called Ila Deiss. I talked her on the phone and she was really nice. She told me an expedite request has been filed for n-400 cases, however, I went to infopass today and found out that there is no trace of an expedite request on the USCIS system. At least that is what I was told. what do you guys think. Is it really true what AUSA said or what USCIS agent said?
Thanks for your help.
 
ams_sim said:
I finally filed a lawsuit on 5/14/07 after procrastinating for months. My N-400 interview was on 7/15/07. My case is assigned to a nice AUSA called Ila Deiss. I talked her on the phone and she was really nice. She told me an expedite request has been filed for n-400 cases, however, I went to infopass today and found out that there is no trace of an expedite request on the USCIS system. At least that is what I was told. what do you guys think. Is it really true what AUSA said or what USCIS agent said?
Thanks for your help.
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Ams-sim,

You are in good hands. I heard nice things about your AUSA, our other members were with her and she really delivered. We are in the dame district, and we filed just 12 days before you did, but we were assigned to Olsen, and so far I cannot reach him at all...

I would believe in what she told you, if she really meant that in YOUR PARTICULAR CASE they requested to expedite... You don't care about statistics, you need to know if they followed it in your case. So if she indee requested it, I wouldn't worry about infopass and CIS info, they often provide wrong info.. But AUSA wouldn't lie (usually). Please clarify your N-400 date.
 
samhad10 said:
my case is naturalization N400.......PENDING SINCE 2003...LAWSUIT WAS FILED LAST YEAR IN MAY SUMMONS WERE SERVED IN OCTOBER DUE TO ERROR BY CLERKS OFFICE TWICE...THAN AUSA REQUESTED 60 DAYS EXTENSION THAN 30 DAYS AND THAN FILED A MTD WHICH JUDGE DIDN"T BUY IT BUT GRANTED A REMAND WITHOUT A TIME LIMIT AS REQUESTED BY AUSA....i FILED A COUNTER MTD ARGUED ABOUT JURISDICTION AND TIME LIMIT JUDGE CALLED FOR HEARING TOOK BACK HIS REMAND WITHOUT TIME LIMIT AND IN MY FAVOR GAVE 120 DAYS WITH REMAND.....JUDGES DECISON WAS INFLUENCED BY ME REPEATING THE TACTICS USED BY AUSA TO DELAY ...AND THAN CHANGING THE LAWYER OVERNITE LITERALLY....WHEN JUDGE ASKED HIM QUESTIONS HE GOT NERVOUS OR BLAMED PREVIOS ATTORNEY WHO HANDED HI MTHE CASE....BUT JUDGE TOLD ME HIS HANDS WERE TIED TOO CAUSE HE WORKS FOR THE GOVT TOO...SO HE COMPROMISED BY GIVING 120 DAYS INSTEAD OF 30 DAYS ORGINALLY REQUESTED...:eek:
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Samhad,

120 days remand isn't too bad for Texas (there were several cases where they granted MTD, I think, in TX) Apparently a lot of human interactions and things happen outside protocol, especially in places like TX. :) Your judge is on your side, so at this point I woluldn't worry about doing anything else, but just prepare to act if CIS fails to deliver by July 7th.

Good luck
 
thanks shvili, I tried to edit my original message but the website doesnt respond to that at all. Anyway my interview date is 07/15/06.
 
summon - original or copy?

Hi,

I remember I read it somewhere that we mail the copies of summons to defendants, then file the proof of service to court with the original summon (with court's stamp) and return receipt, is that true?

Or it should be reversed, i.e. mail the original summon to defendants, and file the court with the copies?

What did you guys do? Thanks!
 
toolong2 said:
Hi,

I remember I read it somewhere that we mail the copies of summons to defendants, then file the proof of service to court with the original summon (with court's stamp) and return receipt, is that true?

Or it should be reversed, i.e. mail the original summon to defendants, and file the court with the copies?

What did you guys do? Thanks!
Click to expand...


No, no keep the origin send the copy. Court always want the originals.
 
Need Lazycis's help!

Dear Lazycis,

Do you find the MTD of I-485 case denied in Southern District Court of New York? If you find them, could you post it for me?

Thank you very much!
 
toolong2 said:
Hi,

I remember I read it somewhere that we mail the copies of summons to defendants, then file the proof of service to court with the original summon (with court's stamp) and return receipt, is that true?

Or it should be reversed, i.e. mail the original summon to defendants, and file the court with the copies?

What did you guys do? Thanks!
Click to expand...

It does not really matter, but I think it's proper to send the original to a defendant and keep a copy to submit a proof of service later on if you serve by mail. Court knows that the summons were issued but defendant has to get the original. Even if you made a mistake, FRCP say that it does not effect the validity of service. The important part is to get summons, serve 'em by certified mail and get a proof that defendant received summons. Do not worry about it too much.
 
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