Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
yourfirstname
Registered Users (C)
OK-Boy,
In NDCAL, its 120 days but your case will not be considered started until you submit Proof of service.
In NDCAL, its 120 days but your case will not be considered started until you submit Proof of service.
The summons should be served within 120 days of filing the complaint, otherwise the court could dismiss the complaint. Not sure about if the deadline to file proof of service with the court also falls within the 120 days limit. The 60 day clock for AUSA to answer the Complaint starts with delivery of summons to US Attorney's office.
FRCP(4)(m)
Time Limit for Service.
"If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1)."
FRCP(4)(m)
Time Limit for Service.
"If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1)."
yourfirstname
Registered Users (C)
Correct but court does not take any action on the case until the proof of service has been filed. As per my understanding, Judge will not even pickup the file until executed summons w/ proof of service are filed. You want judge to look at your file ASAP because he may decide to issue show cause order against defendants.
Little off topic, please let me know what do you suggest? This is regarding responding to RFE on my wife's AOS, the deadline to respond is Sep. 03, 2008.
1. I have requested tax transcripts from IRS on 08/11 but haven't received anything yet.
2. I have requested reference letter from my bank on 08/13 and haven't received it yet. This is supposed to be an official letter stating that we maintain a joint account with the bank.
3. Affidavits from spouse's parents, corrected birth certificate etc for her birth and parentage are in transit in the mail coming from another country and are expected to be delivered in U.S. by Monday (08/25)
Now the questions:
A. I have a notarized copy of the printout of electronically filed tax returns. Should I use it instead of waiting for #1?
B. Do I need to attach W2s with (A) above?
C. I have a notarized copy of my regular monthly bank statement, should I use this instead of #2?
D. I have the printout of the scanned copies of #3, should I wait for originals or just send in the copies to speed up the process?
I want to get the RFE response asap to CIS so I'm still within the AUSA deadline of Sep. 08,2008. If the response does reach USCIS well ahead of Sep. 08, 2008, and AUSA contacts me,I will be able to say that I have responded to the RFE and now waiting adjudication.
1. I have requested tax transcripts from IRS on 08/11 but haven't received anything yet.
2. I have requested reference letter from my bank on 08/13 and haven't received it yet. This is supposed to be an official letter stating that we maintain a joint account with the bank.
3. Affidavits from spouse's parents, corrected birth certificate etc for her birth and parentage are in transit in the mail coming from another country and are expected to be delivered in U.S. by Monday (08/25)
Now the questions:
A. I have a notarized copy of the printout of electronically filed tax returns. Should I use it instead of waiting for #1?
B. Do I need to attach W2s with (A) above?
C. I have a notarized copy of my regular monthly bank statement, should I use this instead of #2?
D. I have the printout of the scanned copies of #3, should I wait for originals or just send in the copies to speed up the process?
I want to get the RFE response asap to CIS so I'm still within the AUSA deadline of Sep. 08,2008. If the response does reach USCIS well ahead of Sep. 08, 2008, and AUSA contacts me,I will be able to say that I have responded to the RFE and now waiting adjudication.
Last edited by a moderator:
OK-Boy,
I recommend you to ask your friend to deliver complaint to local USA office and ask civil process clerk to sign USA summon or issue a receipt (if your court will not issue a summon for local US Attorney). This way you have proof of service right away and jump start the case. Service has to be performed in 120 days. Logically proof of service has to be filed within 120 days, otherwise the court does not know that the service was done. But its in our best interest is to serve local US Attorney asap and file proof of service with the court (you can file proof separately for each defendant).
I'd wait for #3 (just a gut feeling that this is the most important issue). No W-2s for #1.
There should be no difference if you submit everything today or a week later as to conversation with AUSA. I think it is more important to submit your best evidence to USCIS in response to RFE.
Thanks lazycis! I could wait as the deadline to response to RFE is not until Sep. 03, 2008. The only issue I had in mind was that Sep. 08, 2008 is the deadline for AUSA to respond which she hasn't yet. I'm just not sure if convincing her to file for an extension until wife's AOS gets adjudicated is going to fly and I may have to dismiss the case.
Or I may be able to convince her to get my wife's AOS adjudicated and then dismiss.
But then again if I get the RFE response to CIS by 08/28 or 08/29, they are definitely capable of adjudicating her AOS in couple days, earlier than the RFE deadline or AUSA deadline.
Thinking out loud. Man, these things can keep you on your toes!!
Or I may be able to convince her to get my wife's AOS adjudicated and then dismiss.
But then again if I get the RFE response to CIS by 08/28 or 08/29, they are definitely capable of adjudicating her AOS in couple days, earlier than the RFE deadline or AUSA deadline.
Thinking out loud. Man, these things can keep you on your toes!!
mka,
Yes, I meant MSJ. For some reason type F haha. Anyway thanks for the respond.
I have another question. I received a notice for fingerprint (2nd) yesterday. Don't think is because of the WOM since it was issue before I file it. Anyway, is that usually a good sign or just a routine thing that CIS do after file pending more than 2 years?
thanks!
-------------------
Submit Application: May 10, 2006
PD: May 15, 2006
First FP: June 2006
Case Pending due to name check......
WOM: 8/08
Oath: ????
How to contact AUSA: What's do you recommend?
I'm contemplating contacting AUSA, have her email and phone number. What's the preferred method?
Also anybody got a script to get these talks going?
We have never spoken, and none of us has contacted each other regarding the case. Sep. 08, 2008 is the 60 day deadline for her to respond. My AOS has been approved as asked in the prayer but wife's AOS is pending and I'm in the process of gathering response to RFE. In short I want her to make sure she agrees to an extension until my wife's AOS is finalized (although I didn't ask for wife's adjudication in prayer, could be a tough sell)..
Optimistically speaking now the ball is in motion and USCIS could adjudicate after receiving my response to RFE without any intervention from AUSA but then again it's USCIS, you never know.
Thanks
I'm contemplating contacting AUSA, have her email and phone number. What's the preferred method?
Also anybody got a script to get these talks going?
We have never spoken, and none of us has contacted each other regarding the case. Sep. 08, 2008 is the 60 day deadline for her to respond. My AOS has been approved as asked in the prayer but wife's AOS is pending and I'm in the process of gathering response to RFE. In short I want her to make sure she agrees to an extension until my wife's AOS is finalized (although I didn't ask for wife's adjudication in prayer, could be a tough sell)..
Optimistically speaking now the ball is in motion and USCIS could adjudicate after receiving my response to RFE without any intervention from AUSA but then again it's USCIS, you never know.
Thanks
eg0788,
Getting a finger print notice is actually a good sign even though it doesn't seem to be a result of lawsuit. The fingerprinting business with USCIS is funny. I had my code 3 done in Oct 06. AOS approved without any subsequent fingerprinting and received card after filling WOM. But for my wife, she had her code FP 3 done in 04/2007 and USCIS asked for code 1 FP again in 08/2008 after I filed WOM. The FP notice says that FP have expired. How come my FPs didn;t expire and my wife's did, go figure!!
In the course of lawsuit, when things get going for you, at least USCIS will have the latest FPs from your anyway.
Good luck!
Getting a finger print notice is actually a good sign even though it doesn't seem to be a result of lawsuit. The fingerprinting business with USCIS is funny. I had my code 3 done in Oct 06. AOS approved without any subsequent fingerprinting and received card after filling WOM. But for my wife, she had her code FP 3 done in 04/2007 and USCIS asked for code 1 FP again in 08/2008 after I filed WOM. The FP notice says that FP have expired. How come my FPs didn;t expire and my wife's did, go figure!!
In the course of lawsuit, when things get going for you, at least USCIS will have the latest FPs from your anyway.
Good luck!
Last edited by a moderator:
rick92
Volunteer Moderator
Re: New Wommer
Hello Lazycis and other members of this forum. I am planning to file a WOM if the law allows me to do so, based on the fact that 6 months have passed and as mandated by US Congress, the USCIS has not complied with its obligations.-
So, I am here formally to request HELP on filing it. Thank YOU in advance.
Hello Lazycis and other members of this forum. I am planning to file a WOM if the law allows me to do so, based on the fact that 6 months have passed and as mandated by US Congress, the USCIS has not complied with its obligations.-
So, I am here formally to request HELP on filing it. Thank YOU in advance.
Welcome to the wonderful world of WOMers (as a forum coined term it includes Natz and 1447(b)s so Natz applicants don't feel bad !!)
I'm assuming that yours is a Naturalization application?
You may have seen the advice before on the forum but this part is probably common in all of those: please start at the wiki page and work your way out of there with questions.
The success of WOM depends among other things on the district where you file, AUSA who represents the Govt and judge who gets assigned to your case.
Law definitely allows folks whose applications are delayed beyond what ,ay be considered unreasonable delay in the context of AOS or "Natz no interview" cases. I know there was a case in Boston who filed lawsuit because USCIS didn't decide his case in two months and because of this he was facing deportation or something severe like that. Judge didn't consider two months to be unreasonable delay in his circumstances. Moral of the story is one could certainly goto court after whenever one thinks it's been too long. In general people have had success in AOS cases anywhere from 1.5 year and up.
Assuming that you didn't have your interview, you will have to show that you "exhausted" all possible avenues to get your applications processed/adjudicated. This doesn't mean that you keep on trying for ever but at least the most common steps that folks have taken and document all your efforts in the Complaint(this is the main lawsuit document that contains your allegations, detail of efforts etc). You can look at the wiki page for sample complaints to get a sense of what's involved.
Gird up your loins and good luck!
I'm assuming that yours is a Naturalization application?
You may have seen the advice before on the forum but this part is probably common in all of those: please start at the wiki page and work your way out of there with questions.
The success of WOM depends among other things on the district where you file, AUSA who represents the Govt and judge who gets assigned to your case.
Law definitely allows folks whose applications are delayed beyond what ,ay be considered unreasonable delay in the context of AOS or "Natz no interview" cases. I know there was a case in Boston who filed lawsuit because USCIS didn't decide his case in two months and because of this he was facing deportation or something severe like that. Judge didn't consider two months to be unreasonable delay in his circumstances. Moral of the story is one could certainly goto court after whenever one thinks it's been too long. In general people have had success in AOS cases anywhere from 1.5 year and up.
Assuming that you didn't have your interview, you will have to show that you "exhausted" all possible avenues to get your applications processed/adjudicated. This doesn't mean that you keep on trying for ever but at least the most common steps that folks have taken and document all your efforts in the Complaint(this is the main lawsuit document that contains your allegations, detail of efforts etc). You can look at the wiki page for sample complaints to get a sense of what's involved.
Gird up your loins and good luck!
Last edited by a moderator:
It's not necessary to send a copy of proof of service to AUSA.
rick92
Volunteer Moderator
Thank you Jefkorn for welcoming. I am sure gonna try to live to the expectations.
Let's see if we get lucky.
yourfirstname
Registered Users (C)
eg0788,
This is definitely a good sign as I did not get FP letter after two years but my wife got it exactly after two years. After submitting FP, she got IL within two weeks.
This is definitely a good sign as I did not get FP letter after two years but my wife got it exactly after two years. After submitting FP, she got IL within two weeks.
yourfirstname
Registered Users (C)
An update on my case. I received interview letter today. Its printed on a plain paper and was generated yesterday so it looks like someone manually generated it, printed it on a plain paper. The interview is scheduled on the day two days after my 2nd fingerprint appointment.
Last edited by a moderator: