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

What is the language of the consent order?

Here it is - seems harmless enough:


CONSENT ORDER EXTENDING TIME TO ANSWER
This matter having been opened to the Court by defendant, through his
attorney, XXXXXX, United States Attorney
(XXXXXX, AUSA, appearing), for an order, pursuant to Fed. R.
Civ. P. 6(b), granting an extension of time to answer or otherwise move with
regard to the complaint in this matter, and plaintiff consenting hereto and for
good cause shown, it is on this day of , 2008, hereby ORDERED that the
defendant shall answer or otherwise move with regard to the complaint
within 60 days of the entry of this Order.


Is it safe to sign?
 
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when is the interview? 60 days seems a lot if you want to vote :) Overall, I'd rather get a commitment from USCIS to adjudicate application within 60 days.
 
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when is the interview? 60 days seems a lot if you want to vote :) Overall, I'd rather get a commitment from USCIS to adjudicate application within 60 days.

Well - I don't seem to have a choice as I have now received the USCIS interview notice for October 7, 2008. :rolleyes:
 
Well - I don't seem to have a choice as I have now received the USCIS interview notice for October 7, 2008. :rolleyes:

It does not matter, you can still ask for a commitment to adjudicate within 60 days from now. Simple extension is not in your best interest.
 
It does not matter, you can still ask for a commitment to adjudicate within 60 days from now. Simple extension is not in your best interest.

I still don't get it - 60 days from now (around Oct. 23) is beyond the interview date anyway, plus in NJ the interview and oath usually take place the same day. So what do I lose in agreeing to the extension (this is the first one)?
 
in NJ the interview and oath usually take place the same day. So what do I lose ...?

"Usually" does not necessarily mean that it will happen in your case. What if USCIS will not give you the answer after the interview, and take their sweet time instead? Or what if your interview gets descheduled between now and October?
 
"Usually" does not necessarily mean that it will happen in your case. What if USCIS will not give you the answer after the interview, and take their sweet time instead? Or what if your interview gets descheduled between now and October?

Do you think I am in a position to ask for a commitment to adjudicate within 60 days of the date of entering the Order?
 
Absolutely. You do not gain anything by agreeing to the extension.

Does this reply to the AUSA sound ok:

Dear AUSA,

Would it be possible to add a sentence to this consent order - specifying a commitment from USCIS to adjudicate my naturalization application within 60 days of the date of entry of this Consent Order?
 
I would say try to get an early appointment for the interview and state that 20th oct(what is the deadline in your state?) is the last day for voter registeration so you are affraid that you may not be able to sworn in as citizen in-time to register for the vote for general election this year. Tell him/her that you understand that the appointment has been scheduled but scheduling of appointment does not represent that enough progress has been made in your case. Even interview does not mean anything until your N-400 application is adjudicated as even after the interview people have to sue USCIS because USCIS did not adjudicated the application for a very long time. You want your application to be adjudicated and worn-in as a US citizen before the deadline for voter registeration so it may be difficult with the current appointment and agreeing to any extension request which goes beyond voter registration deadline. Ask her/him to get an early appointment for the interview.
 
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They're not going to read your email (or some clerk) will and they are not going to negotiate their form letter with you. They are a bureaucracy.

Why would you sign this? Go to the interview and see what happens.
 
Congratulations --

After over 3 years of investigating they decided you may be ok. I guess your hard-earned taxpayer money was well spent on this investigation.
 
Notice of Appearance

Question for the expert here. I received a notice of appearance in the mail yesterday. Do I or should I do anything at this point? I also notice that the notice of appearance and the service cert. that comes with it was not sign. Is it valid without signature?

Thanks,
 
eg0788,

I think Yes, It is still valid unless you want to dispute the validity. AUSA must have filed it with efile. Does it have /sd/ in the signature area?
 
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In my case notice of appearance was filed electronically and Certificate of Service section in that said that a copy was sent by first class mail postage paid to me, although I never received any in mail.
You don't need to do anything, notice of appearance is just a notification to you about AUSA who represents Govt. Now you can go ahead and find out what's the track record of this AUSA. Does she get applications adjudicated before the deadline and then file dismissal or you see him/her going through the MTD etc. Good luck!
Question for the expert here. I received a notice of appearance in the mail yesterday. Do I or should I do anything at this point? I also notice that the notice of appearance and the service cert. that comes with it was not sign. Is it valid without signature?

Thanks,
 
Thanks for the respond guys. I think there is a /s on them.



jefkorn or anyone who can help,

How do I find out the AUSA's track record?
 
Be prepared, PACER can cost you if you are searching and looking at a lot of cases!!

You can enter AUSA's name after you select Query from the top menu in PACER/ECF after you log on to ECF on your court's website, select "Attorney" from the Type drop down, select "All" in the Case Status to see all cases, it will give you a list of cases where the AUSA is representing Govt. All of them may not be WOMs, but from the Defendants, you can guess if it's a WOM or not. Now you can click on individual case and look at the dates, when does the 60 day period end, was the case dismissed before that? Was an extension requested and then case was dismissed? You can also look at the Complaint and verify if the case has been adjudicated by finding out the receipt numbers of the Plaintiff.

PACER charges you eight cents for each page you view but it doesn't warn in you in advance in all cases. If you already know the case number then you can directly do a query on the it, the results of direct case number query I think are not billable. But when you click on the Docket Report, the resulting page is billable(usually it's one page so 8 cents). Docket Report gives you all events in the case in sequence including who is representing the Defs., what was filed. When you click on the numbered hyper link to view a document, it will give you the charges first and if you accept them by clicking View I think, you will see a PDF.

If the case has been decided, in most cases you should be able to go to Court's web site and there's usually a link to Recent Opinions. There you can download the Opinion. Using PACER, you can also search for FREE the opinions for cases that have been decided by using the Report options.

Justia gives you an option to search the opinions just like PACER and search by Party name. To look at the actual documents filed a case, you will still have to log on to Court's ECF link given in Justia or you could always directly log on to ECF on Court's web site. Justia doesn't give you an option to search by Attorney.

Also if you visit you office of the Court's Clerk in your district court, they usually have a public access room where you can use ECF to research for free but they will charge about 10 cents or so per page to make hard copies. There probably won't be a way to email or copy the PDFs from such terminal.

Also see here

Sorry if lot of what I said is repetition!

Thanks for the respond guys. I think there is a /s on them.



jefkorn or anyone who can help,

How do I find out the AUSA's track record?
 
update of my story

Dear all,

Finally i went to the court and filed WOM this monday, and mailed everything out via certified mail tuesday. the bad news though, rumor has it that visa number is already used up for this fiscal year if you are not EB2 Rest of the World. I don't know what's in store for me.

one interesting thing is that, yesterday i missed two calls from CIS in Washington DC when visiting my child's ped. A female officer even left me a voicemail and asked me to call her back in regards to my immigration worksheet? what is that anyway? I am feeling so lucky to be contacted by USCIS after so many years, without any further delay I called back ... and guess what?

During the past 24 hours, I have tried all the numbers 202-272-18XX, 202-272-17XX, and I have yet to be able to reach that officer again. Of course, the number she left in voicemail doesn't work; the other persons within USCIS was not allowed to transfer; nobody could locate that person because she doesn't leave her last name, even though I could pronounce her first name clearly. the funniest answer is that, one person told me, starting right at yesterday, they've taken off the hotline trying to fix some technical problems, they will set up a new hotline for customer support within the next 60 days. I asked, how may i know the new number then? the reply was, you could try number permutation again.

LOL!! I have serious doubts why do I want to become the permanent resident of this country, am I out of my mind?

Thank you all for your time reading.
 
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