you may want to call Judge's clerk to get some movement on the motion to efile. See here. At least, at my court, I never received email notifications although I did provide my email in Complaint. May be your case was setup such that you receive email notifications but to see the actual documents, your motion to efile needs to be granted first.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Yet another question for the wise ones in this thread:
Our case (WOM on AOS) has been transferred from Washington, DC to EDVA. The date of transfer is July 28th, 2008. Last Friday we received notice of interview at the Washington district office on this coming Wednesday. It's not a RFE, just a regular interview notice. Does anyone have any experience/ideas on significance, if any, this has?
The funny thing is that he already had one interview with the exact same officer in the same office, and the interview notice looked exactly the same, last November. That was before the lawsuit was even filed. The questions he was asked were very generic, i.e. "are you planning to marry more than one wife? -No." That sort of thing. So I am wondering what NEW tricks they may have up their sleeve. Any ideas?
Our case (WOM on AOS) has been transferred from Washington, DC to EDVA. The date of transfer is July 28th, 2008. Last Friday we received notice of interview at the Washington district office on this coming Wednesday. It's not a RFE, just a regular interview notice. Does anyone have any experience/ideas on significance, if any, this has?
The funny thing is that he already had one interview with the exact same officer in the same office, and the interview notice looked exactly the same, last November. That was before the lawsuit was even filed. The questions he was asked were very generic, i.e. "are you planning to marry more than one wife? -No." That sort of thing. So I am wondering what NEW tricks they may have up their sleeve. Any ideas?
Redacting the individual transactions
If I want to attach all pages in the statement, do you think it's a good idea to redact the individual transactions from my bank statement and just leave the part that mentions my joint account with my wife? The transactions themselves are irrelevant to what USCIS wants to know?
If I want to attach all pages in the statement, do you think it's a good idea to redact the individual transactions from my bank statement and just leave the part that mentions my joint account with my wife? The transactions themselves are irrelevant to what USCIS wants to know?
yourfirstname
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I called pacer and court clerk. Pacer asked me to contact court. Court clerk says I'll not be able to see documents until motion is granted. She asked me to wait until judge rules on the motion and she had no idea when judge is going to rule on the motion. It looks like I've no other option but to wait until judge rules.
Apparently judges don't have a set time limit within which they have to rule (there are exceptions). I just called the Judge's clerk to get a sense of how long it was going to be and when she sensed that I was just waiting for the ruling on the motion so I could get on with efiling procedures(getting the account etc) she herself agreed to put it in front of the judge. After that it was quick within a day or two, judge granted the motion.
5 copies of summons plus one complaint; well if you get the free fotocopy then send 5 copies of complaints
Can anyone tell me do I put all the defendants' name on the To: defendant's name and address part on the summon or just 1 name on each separately? Also, I am filing pro se can I cross out the Attorney from the "The answer or motion must be served on the plaintiff’s attorney, whose name and address are" and put my name and address there?
Thanks
Thanks
Need advice on my complaint
Dear Friends,
I am planning on file WOM on AOS soon. Could the experienced members take a look at my draft complaint and give me some feedback? Anything should be there but not yet? anything should be removed/rephrased? Any citation mistake or legally incorrect terms? Comment on the format etc. etc. Any comment is welcome, the more the better.
I should admit that I shamelessly copied a lot from Jefkorn's draft complaint and from the sample on the first page of this thread. My hats off to Jefkorn and those who put in the hard work.
I am too sleepy to read straight, please help me catch the bugs in the complaint!
Many thanks!
Dear Friends,
I am planning on file WOM on AOS soon. Could the experienced members take a look at my draft complaint and give me some feedback? Anything should be there but not yet? anything should be removed/rephrased? Any citation mistake or legally incorrect terms? Comment on the format etc. etc. Any comment is welcome, the more the better.
I should admit that I shamelessly copied a lot from Jefkorn's draft complaint and from the sample on the first page of this thread. My hats off to Jefkorn and those who put in the hard work.
I am too sleepy to read straight, please help me catch the bugs in the complaint!
Many thanks!
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Move paragraphs 41 and 42 before 38. Change # 42 to
The vast majority of federal courts (including this) concluded that the Defendants have a non-discretionary duty to adjudicate AOS applications within a reasonable period of time. See, e.g. Singh v. Still, 470 F.Supp.2d 1064 (N.D.Cal. 2007) (“[a]s conceded by Respondents, their duty to act is mandatory, and the Court notes that delay in this arena is less tolerable given that human health and welfare are at stake”); Kim v. Ashcroft, 340 F.Supp.2d 384 (S.D.N.Y. 2004) (“[t]he CIS simply does not possess unfettered discretion to relegate aliens to a state of “limbo,” leaving them to languish there indefinitely”); Han Cao v. Upchurch, F.Supp.2d, 2007 WL 2071900 (E.D.Pa. 2007) (“We agree with the majority view that USCIS has a non-discretionary duty to adjudicate the application, and therefore a claim under Section 706(a) is cognizable”); Tang v. Chertoff, 493 F.Supp.2d 148 (D.Mass. 2007) (“The duty to act is no duty at all if the deadline is eternity”).
No worries! This is a collaborative effort here. Some of my feedback, other than that Complaint looks good.
17 - Consider breaking the sentence into smaller fragments.
19 - "..kept contacting... "
22 - do you have the proof of delivery or certificate of mailing the response to RFE? You can add that here if you like.
32 - First Lady's office or Office of the First Lady
36 - apologized? or was it apologize. You can even leave out the CIS niceties as it's not pertinent to the point you are making.
37- you want to refer to February 4, 2008 USCIS Memorandum not Feb memo.
43 - you may want to add generally , "...generally valid for one year" because now EAD can be issued for two years under certain circumstances( if Pd is not current at the time of EAD application). You may want to add "This further compounds Plaintiff’s irreparable injuries by disenfranchising him from participation in the U.S. political process for an unknown period of time." to 43(f)
You probably don't want to give following cases out in the Complaint but so that you know:
Precedents from N.D.Cal. - Close to 2 years or little more is unreasonable delay
Quan v. Chertoff, 2007 U.S. Dist. LEXIS 44081 (N.D. Cal. June 7, 2007)(23 month delay unreasonable);
Juanhua Dong v. Chertoff, No. C07-0266 SBA (N.D Cal. May 15 2007) (holding close to two years delay unreasonable;
See e.g., Gelfer v. Chertoff, C06-06724 WHA, 2007 U.S. Dist. LEXIS 26466, 2007 WL 902382, *1 (N.D. Cal. 2007) (more than two years delay unreasonable).
Huang v. Chertoff, No C07-0277 JF, 2007 WL 1831105, * 2 (N.D. Cal. June 25, 2007) (despite national security concerns and increased security checks since 9/11, more than two-year delay is unreasonable as a matter of law if there is no particular explanation as to cause of the delay);
17 - Consider breaking the sentence into smaller fragments.
19 - "..kept contacting... "
22 - do you have the proof of delivery or certificate of mailing the response to RFE? You can add that here if you like.
32 - First Lady's office or Office of the First Lady
36 - apologized? or was it apologize. You can even leave out the CIS niceties as it's not pertinent to the point you are making.
37- you want to refer to February 4, 2008 USCIS Memorandum not Feb memo.
43 - you may want to add generally , "...generally valid for one year" because now EAD can be issued for two years under certain circumstances( if Pd is not current at the time of EAD application). You may want to add "This further compounds Plaintiff’s irreparable injuries by disenfranchising him from participation in the U.S. political process for an unknown period of time." to 43(f)
You probably don't want to give following cases out in the Complaint but so that you know:
Precedents from N.D.Cal. - Close to 2 years or little more is unreasonable delay
Quan v. Chertoff, 2007 U.S. Dist. LEXIS 44081 (N.D. Cal. June 7, 2007)(23 month delay unreasonable);
Juanhua Dong v. Chertoff, No. C07-0266 SBA (N.D Cal. May 15 2007) (holding close to two years delay unreasonable;
See e.g., Gelfer v. Chertoff, C06-06724 WHA, 2007 U.S. Dist. LEXIS 26466, 2007 WL 902382, *1 (N.D. Cal. 2007) (more than two years delay unreasonable).
Huang v. Chertoff, No C07-0277 JF, 2007 WL 1831105, * 2 (N.D. Cal. June 25, 2007) (despite national security concerns and increased security checks since 9/11, more than two-year delay is unreasonable as a matter of law if there is no particular explanation as to cause of the delay);
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1 name for each summon. You can put your name and address in attorney's info field or leave it blank.
Yes, I received my card in mail but wife's pending. See above for discussion on her RFE and FP appointment.
Congratulations on your husband's GC. Here're are the LUDs(Last update dates from uscis.gov online account) on my I-485:
07/31/2008(CPO - Card Production Ordered), 08/05/2008(card mailed),08/06/2008(no change in message), card received in mail on 08/08/08. I received one page welcome notice I think two days from CPO email.
Have you received welcome notice in mail? Also did you receive Card Mailed email?
Congratulations on your husband's GC. Here're are the LUDs(Last update dates from uscis.gov online account) on my I-485:
07/31/2008(CPO - Card Production Ordered), 08/05/2008(card mailed),08/06/2008(no change in message), card received in mail on 08/08/08. I received one page welcome notice I think two days from CPO email.
Have you received welcome notice in mail? Also did you receive Card Mailed email?
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Thanks, Jefkorn!
Hey, Jefkorn,
The timeline for my case is :
8/5 card ordered notice by email
8/11 got welcome notice in the mail.
I have no card mailed notice by email. So I probably have to wait for a few days.
Hey, Jefkorn,
The timeline for my case is :
8/5 card ordered notice by email
8/11 got welcome notice in the mail.
I have no card mailed notice by email. So I probably have to wait for a few days.
So your husband did get card mailed email? On my welcome notice it said that I will receive card within 3 weeks (long time I know ) I hope you don't have to wait that long.
) I hope you don't have to wait that long.thanks lazycis, jefkorn!
Thank you my dear friends for your quick and thorough and right-on-target suggestions! I am on it! will try to get it to the court by this Friday!
Btw, Jef, congratulations on the real card! Even though I don't have enough experience to say about your wife's RFE, I am confident that you will sort it out smoothly, good luck!
And dear lazycis, with you watching over my shoulder I couldn't be stronger.
Thank you my dear friends for your quick and thorough and right-on-target suggestions! I am on it! will try to get it to the court by this Friday!
Btw, Jef, congratulations on the real card! Even though I don't have enough experience to say about your wife's RFE, I am confident that you will sort it out smoothly, good luck!
And dear lazycis, with you watching over my shoulder I couldn't be stronger.
Hear me out, and let me know what do you think?
To respond to RFE to prove the Birth and Parentage
1. I had submitted birth certificate with AOS application for my wife which was missing her mother's name. I have requested a second birth certificate from the same issuing authority which will look exactly the same except this time it will bear her mother's name in addition to existing information. I'm having second thoughts about sending the updated birth certificate.
Is it a good idea to submit same document that was submitted originally although it is updated in the second submission. So in other words, don't submit birth certificate with additional information rather submit secondary evidence mentioned in the RFE like medical records and affidavits from parents and relatives or school records.
2. If I get letter from the hospital where she was born, do I need to send the original or can I get scanned copy via email from my home country and use the print out? I could notarize it?
3. Affidavits from parents and a relative stating the name of my wife, date and place of her birth. Should the affidavits be original or can they be a copy? Again sending them from overseas to U.S via urgent mail (FedEX) will take at least a week.
To prove bona-fide marriage
To prove bona fide marriage, the RFE doesn't ask for marriage certificate. So I shouldn't resubmit the marriage certificate?
I had already submitted the translated (into English) copy of marriage certificate with her original AOS submission . RFE asks for secondary evidence now. I have joint lease of apartment, join bank account, joint tax return and birth certificate of our child. So I think I'm all set to satisfy bona fide marriage part.
I'm just trying to collect things as soon as possible and don't want to unnecessarily delay things.
Thanks
To respond to RFE to prove the Birth and Parentage
1. I had submitted birth certificate with AOS application for my wife which was missing her mother's name. I have requested a second birth certificate from the same issuing authority which will look exactly the same except this time it will bear her mother's name in addition to existing information. I'm having second thoughts about sending the updated birth certificate.
Is it a good idea to submit same document that was submitted originally although it is updated in the second submission. So in other words, don't submit birth certificate with additional information rather submit secondary evidence mentioned in the RFE like medical records and affidavits from parents and relatives or school records.
2. If I get letter from the hospital where she was born, do I need to send the original or can I get scanned copy via email from my home country and use the print out? I could notarize it?
3. Affidavits from parents and a relative stating the name of my wife, date and place of her birth. Should the affidavits be original or can they be a copy? Again sending them from overseas to U.S via urgent mail (FedEX) will take at least a week.
To prove bona-fide marriage
To prove bona fide marriage, the RFE doesn't ask for marriage certificate. So I shouldn't resubmit the marriage certificate?
I had already submitted the translated (into English) copy of marriage certificate with her original AOS submission . RFE asks for secondary evidence now. I have joint lease of apartment, join bank account, joint tax return and birth certificate of our child. So I think I'm all set to satisfy bona fide marriage part.
I'm just trying to collect things as soon as possible and don't want to unnecessarily delay things.
Thanks
jefkorn,
for marriage - get a copy of child's birth certificate and transcript of your most recent federal return from irs (it's free and it's an official doc) http://www.irs.gov/individuals/article/0,,id=110571,00.html
If you have a title of ownership with both names, send a photocopy.
They love photos, send some pictures to prove that you live together with your spouse
for proof of birth - birth certificate with both parents' names will do.
You do not have to submit everything they ask for.
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jefkorn,
I think it is a good idea to submit corrected birth certificate.
Scanned copy is OK, you do not need to notarize it (won't be able to do it without the original anyway). But you should get hold of all the originals as the USCIS may set up an interview to see the originals.
I think it is a good idea to submit corrected birth certificate.
Scanned copy is OK, you do not need to notarize it (won't be able to do it without the original anyway). But you should get hold of all the originals as the USCIS may set up an interview to see the originals.