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

[jefkorn]

Thanks lazycis. The confusion arose from the fact that on I-485, USCIS asks for maiden last name for mother and the birth certificate for the applicant may have the married name hence different last names for the mother. So I'm planning to submit affidavits from both parents, specifically from mother stating her maiden name as well as married name.

I may submit a copy of the corrected birth certificate if I don't receive the original in time from overseas with a copy of the fedex receipt proving that the originals are in transit. But as you said keep all the originals in case there's an interview.

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.

 

[jefkorn]

You are welcome!

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.

 

[yourfirstname]

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.

LazyCIS,

in California, you don't need original document to notarize a copy. California Notary Public can not notarize a copy of document but a statement under oath stating that its copy of the original document in posession of the person who is getting it notarized.

Thanks

 

[jefkorn]

Parents' Affidavit to prove their child's DOB, place of birt, parental relationship

Should I submit one affidavit from both parents together stating their residence, DOB, date of marriage(?) and then stating AOS applicant's name, relationship with them, DOB, place of birth, country of birth etc?

Anyone has format for such an affidavit handy?

Thanks lazycis. The confusion arose from the fact that on I-485, USCIS asks for maiden last name for mother and the birth certificate for the applicant may have the married name hence different last names for the mother. So I'm planning to submit affidavits from both parents, specifically from mother stating her maiden name as well as married name.

I may submit a copy of the corrected birth certificate if I don't receive the original in time from overseas with a copy of the fedex receipt proving that the originals are in transit. But as you said keep all the originals in case there's an interview.

 

[OK-Boy]

Plz. see the attached....

Should I submit one affidavit from both parents together stating their residence, DOB, date of marriage(?) and then stating AOS applicant's name, relationship with them, DOB, place of birth, country of birth etc?

Anyone has format for such an affidavit handy?

 

[jefkorn]

Great! thanks OK-Boy.
I will modify it little bit to suit my situation. I will take out the birth certificate unavailable part because I do have it. It's just that I have requested my wife's mother's name to be updated on a new copy. Wasn't sure how the second corrected/amended copy of birth certificate will be looked at by USCIS, I thought providing an affidavit would help.

Plz. see the attached....

 

[pang2008]

question on civil cover sheet

Dear All,

On civil cover sheet, "VI. Cite the US Civil Statue under which you are filing", I plan to write: 28 USC 1331, 28 USC $ 1361, 5 USC 551. Do they look okay to you, or should I add more?

A second question is, given there are multiple I-140 filed and approved on primary applicant's behalf, should I include a copy of each of them, or include only THE one based on which the I-485 was filed?

Many thanks! many thanks!

 

[lazycis]

pang2008,

Your cover sheet will be fine.

I think it's better to include I-485 approval notice for the primary applicant and forgo I-140s.

 

[jefkorn]

pang2008,
Cover sheet is fine except you may want to remove $ sign from 1361
like lazycis said, since primary's I-485 is approved and will have the priority date of the underlying I-140, you can skip the I-140s for sake for simplicity.

Dear All,

On civil cover sheet, "VI. Cite the US Civil Statue under which you are filing", I plan to write: 28 USC 1331, 28 USC $ 1361, 5 USC 551. Do they look okay to you, or should I add more?

A second question is, given there are multiple I-140 filed and approved on primary applicant's behalf, should I include a copy of each of them, or include only THE one based on which the I-485 was filed?

Many thanks! many thanks!

 

[jefkorn]

How does court dismiss the case?

Do the plaintiff and AUSA always file a joint stipulation to dismiss the case when the requested relief has been granted?

 

[lazycis]

Do the plaintiff and AUSA always file a joint stipulation to dismiss the case when the requested relief has been granted?

You can do that yourself by filing a notice of volunary dismissal (rule 41) if no answer was filed (MTD is not an answer). AUSA involment is not needed. I guess AUSA wants to show that s/he is working by preparing a stipulation They also try to insert "with prejustice" all the time

 

[jefkorn]

I'm not eager to do that as my spouse's AOS is still pending. I was just wondering if AUSA will be keen on dismissing the case asap or probably waiting until the 60th day.

So I assume then AUSA makes sure that case does get dismissed. What if the plaintiff goes on a vacation because he/she received the relief and never files a notice of voluntary dismissal? You are right about "with prejudice" dismissals from AUSA.

You can do that yourself by filing a notice of volunary dismissal (rule 41) if no answer was filed (MTD is not an answer). AUSA involment is not needed. I guess AUSA wants to show that s/he is working by preparing a stipulation They also try to insert "with prejustice" all the time

 

[lazycis]

I'm not eager to do that as my spouse's AOS is still pending. I was just wondering if AUSA will be keen on dismissing the case asap or probably waiting until the 60th day.

So I assume then AUSA makes sure that case does get dismissed. What if the plaintiff goes on a vacation because he/she received the relief and never files a notice of voluntary dismissal? You are right about "with prejudice" dismissals from AUSA.

AUSA will probably take a look at your case a week or two before 60 day deadline, inquire USCIS about your case and will file motion to dismiss as moot (or motion for extension of time if AUSA is too busy to look at your case). The court will most likely grant motion if you are not going to oppose it.

 

[jefkorn]

The deadline to respond to my spouse's RFE is Sep. 03, 2008 while the 60 day period ends on Sep. 08, 2008. I will be getting the scanned copies of affidavits, birth certificate etc from overseas and submit them with proof of mailing that the originals are in the mail. I want to get them asap to USCIS so when it will have at least few days to close out (approve) spouse's AOS. When AUSA does contact me close to Sep. 08, 2008, I can say that I have provided CIS what they requested for my spouse and I would like her AOS to be adjudicated without delay after that. Not sure if this is going to fly but you never know.
Although technically AUSA is not obliged to get my spouse's AOS adjudicated as per the Complaint but I will present the issue such that spouse's AOS was held up because of primary's AOS which has now been granted. So spouse's AOS should be processed now. I'm thinking out loud!

Not sure if I can oppose the motion for extension on the grounds that my spouse's AOS is still pending but I could try just to make sure that case is not dismissed and cause AUSA to move CIS on spouse's AOS.Oh well!!

AUSA will probably take a look at your case a week or two before 60 day deadline, inquire USCIS about your case and will file motion to dismiss as moot (or motion for extension of time if AUSA is too busy to look at your case). The court will most likely grant motion if you are not going to oppose it.

 

[lazycis]

I would tell AUSA that I am going to amend the complaint and include her as a plaintiff if AUSA will try to dismiss it as moot. Contact AUSA a week or two before deadline and say that you agree to sign a stipulation of dismissal if USCIS commits to adjudicate wife's case within 30 days after receiving RFE response. AUSA would rather push USCIS than work on motion to dismiss.

 

[jefkorn]

Approval Notice for I-485?

I had received two emails (CPO, Card Mailed) and one page welcome notice and actual card in mail. Is there something an approval notice as well that I should have received?

 

[lazycis]

You should receive I-485 approval in the mail as well.

 

[jefkorn]

I never received an email saying "Approval notice sent" and actual approval notice, should I be concerned? Although on the card, it says resident since XYZ and XYZ is the accurate date of card production ordered.

You should receive I-485 approval in the mail as well.

 

[lazycis]

I never received an email saying "Approval notice sent" and actual approval notice, should I be concerned? Although on the card, it says resident since XYZ and XYZ is the accurate date of card production ordered.

Here is your reason not to dismiss the lawsuit E-mail is not a big deal, I never received an e-mail about my approval. Notice itself is more important, you should get it from CIS.

 

[jefkorn]

So you received two (the notice of action kind) documents. One, welcome notice. Second, stating approval notice?

Here is your reason not to dismiss the lawsuit E-mail is not a big deal, I never received an e-mail about my approval. Notice itself is more important, you should get it from CIS.