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

HI Lazycis,
That is so wonderful to see you online right now. I just got up and came to check the forum right away. Do you know how could I find sample of amended complaint somewhere? My Hero, thank you so much for help all of us, I really really appreciate that.
Today I want to call AUSA. Is it a good idea?
 
Hi Lazycis,
When I make "the first amended complaint" do I have to write down detail like the original complaint or not? Is it only AUSA to be served the first amended complaint or also defendants too?
Thank for you time!
 
suethem said:
Hi Lazycis,
When I make "the first amended complaint" do I have to write down detail like the original complaint or not? Is it only AUSA to be served the first amended complaint or also defendants too?
Thank for you time!
Click to expand...

The only thing changes is the title unless you want to include references to exhibits in your complaint as well. So yes, the amendment complaint should have all the details. Do not rush, review your complaint for errors and correct them as this is a good opportunity to change your complaint if necessary. Serve it to AUSA only. Include certificate of service at the end of all papers you are going to file (see attached sample).
 
Lazycis,
Just want to check my understanding regarding the ECF. For Pro Se, I do not need to use the ECF program but the AUSA needs it, right?

lazycis said:
ECF papers are for you. AUSA does not need those. Magistrate judge is like a junior judge, but in civil cases s/he has the same power. Usually magistrate judge is less busy so you case may move faster, but you never know. I'd agree. On top of this AUSA may refuse to use magistrate judge. It's OK to send those forms separately. You don't need to send them to all parties, only to your AUSA (district US Attorney).
Click to expand...
 
http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus2007121662851

"Clearing Backlogs Because of FBI Name Checks

Mr. Aytes acknowledged the hiring of additional staff by the FBI to conduct the background name checks, but the increase in staff was not enough to clear the backlogs. Inventory was down by only 8% so far, and he felt that the FBI predictions to clear backlogs in 6 months optimistic. In the mean time, Mr. Aytes indicated that the USICS case status check would include the history of the case and the reason for the hold up, such as the issuance of an RFE, name check, etc. Thus, people could get a more detailed status of their case without going through a gatekeeper."

Something we expected all along... "Inventory was down by only 8% so far." (Instead of 300,000 long pending name checks we have 266,000)... No easy fix for name check delays except, well, a lawsuit which works miracles.
 
lazycis said:
http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus2007121662851

"Clearing Backlogs Because of FBI Name Checks

Mr. Aytes acknowledged the hiring of additional staff by the FBI to conduct the background name checks, but the increase in staff was not enough to clear the backlogs. Inventory was down by only 8% so far, and he felt that the FBI predictions to clear backlogs in 6 months optimistic. In the mean time, Mr. Aytes indicated that the USICS case status check would include the history of the case and the reason for the hold up, such as the issuance of an RFE, name check, etc. Thus, people could get a more detailed status of their case without going through a gatekeeper."

Something we expected all along... "Inventory was down by only 8% so far." (Instead of 300,000 long pending name checks we have 266,000)... No easy fix for name check delays except, well, a lawsuit which works miracles.
Click to expand...

thanks for the update. what would you recommend for retrogressed cases - wait for the PD to be current and then file the wom or go ahead and file the wom for the fbi name check part? thanks for your time.
 
vine95050 said:
thanks for the update. what would you recommend for retrogressed cases - wait for the PD to be current and then file the wom or go ahead and file the wom for the fbi name check part? thanks for your time.
Click to expand...

Go ahead and file Wom if your PD was current at any time while you've been waiting. Add DOS (Rice) as a defendant.
 
Lazycis,
MY dearest HERO, thank you so much for your reply and the attachment :) Just can't stop thinking about how nice you are!
Have a great day!
 
Need advice

Lazycis, I am waiting the one year mark before filing my WOM. So far it seems that filing it MD will result in a successfull MTD by the AUSA. Since my file resides in NSC, I was thinking about filing my WOM in Nebraska
 
MDwatch said:
Lazycis, I am waiting the one year mark before filing my WOM. So far it seems that filing it MD will result in a successfull MTD by the AUSA. Since my file resides in NSC, I was thinking about filing my WOM in Nebraska
Click to expand...

You can file in Nebraska and that's what I recommend. However your worries are premature. I have a feeling that name check problem mostly affects I-485s filed before this year. You may get your approval before 1 year mark.
 
lazycis said:
You can file in Nebraska and that's what I recommend. However your worries are premature. I have a feeling that name check problem mostly affects I-485s filed before this year. You may get your approval before 1 year mark.
Click to expand...

I hope you are right, but so far all the info I got say that I am stuck there whereas my wife cleared a long time ago .... plus I have a hard time believing FBI/USCIS .... they always make empty promises.
 
MDwatch said:
I hope you are right, but so far all the info I got say that I am stuck there whereas my wife cleared a long time ago .... plus I have a hard time believing FBI/USCIS .... they always make empty promises.
Click to expand...

I agree that if you wife NC is cleared, it smells bad. NC either cleares fast (up to 6 months) or not. And if it's not, it goes into a black hole. Wait at least a year as it's the mark defined in regulations. At 1 year mark your I-485 has to be reviewed by the USCIS and the decision has to be made whether to continue investigation or to adjudicate it.
 
lazycis said:
Go ahead and file Wom if your PD was current at any time while you've been waiting. Add DOS (Rice) as a defendant.
Click to expand...

thanks for your response. can the judge reject the fbi namecheck part of the wom, if they deny aos/485 approval part because of no visa/retrogression? i'm based in north CA.

at the least, i would want the judge to force the fbi to finish my namecheck and send it to the uscis even though the visa dates are not current and they cannot approve my aos. ideally, i won't mind at all if the approve my aos.

thanks once again for your feedback.
 
Case update

Hi All!

First of all, thanks to you all for sharing the valuable information here. This thread has been very helpful to me.

Second, I'd like to give an update about my 1447b case. I just got a call from the US attorney. He told me my background check is cleared. He said he'll send me a stipulation to sign to agree to dismiss the case without prejudice and the CIS will have 10 days to adjudicate my citizenship application and arrange an oath ceremony. So, I guess it's finally coming to an ending, a good ending!

Happy holidays!
Phuzzypeach
 
phuzzypeach said:
Hi All!

First of all, thanks to you all for sharing the valuable information here. This thread has been very helpful to me.

Second, I'd like to give an update about my 1447b case. I just got a call from the US attorney. He told me my background check is cleared. He said he'll send me a stipulation to sign to agree to dismiss the case without prejudice and the CIS will have 10 days to adjudicate my citizenship application and arrange an oath ceremony. So, I guess it's finally coming to an ending, a good ending!

Happy holidays!
Phuzzypeach
Click to expand...

CONGRATS!!!!!!

Could you post your timeline?

Thanks
Future
 
lazycis said:
Go ahead and file Wom if your PD was current at any time while you've been waiting. Add DOS (Rice) as a defendant.
Click to expand...

Yep. Whether you are retrogressed or not when filing a WOM, always have DOS as a defendant. You might retrogress after you file the WoM. lazycis, is there a rule that says that cases need to be adjudicated according to the situation at the time the suit is filed ?
 
Dear Lazycis,
I am confusing about the Certificate of service. Is it for me to write down the date signature etc., for the court OR just type out leaving blank for the AUSA to file with the court???

e.g. I hereby certify that on_______________________etc.,
was was mailed via first class mail, postage prepait, to______(whose address is this?)_________ is it a AUSA address then print my name and my address at the bottom lines?
Sorry that I am such an idiot:(
 
suethem

You've got it right. All the blanks has to be filled by you before you file it. It's AUSA address. Fill your address and signature are at the bottom right. Do not forget to put your district name on the top line.
 
Last edited by a moderator:
You must log in or register to reply here.
Top