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

lazycis said:
You should be fine.
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Thank you Lazycis .. I dropped by the court house this afternoon and the clerk thought it would not hurt to do another summon and have a friend of mine serve it... I did mail all my other summons today... What happens if any they decline to sign for it and return it?
 
After I filed WOM, USCIS started acting quickly, and scheduled the interview, which I passed. Now, AUSA called me asking to dismiss the case, saying that USCIS is sending me the letter for the scheduled (on the mid of December) oath. The question: should I dismiss the case now (of course, when I receive the actual letter for the oath) or should I wait untill I take the oath? The deadline of USCIS to respond to WOM expires at the end of December.
 
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MichaelM said:
After I filed WOM, USCIS started acting quickly, and scheduled the interview, which I passed. Now, AUSA called me asking to dismiss the case, saying that USCIS is sending me the letter for the scheduled (on the mid of December) oath. The question: should I dismiss the case now (of course, when I receive the actual letter for the oath) or should I wait untill I take the oath? The deadline of USCIS to respond to WOM expires at the end of December.
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There is no need to dismiss. Ask AUSA to file a stipulation to hold the case in abeyance.
 
But is there need for Stipulation for Abeaynce at this point at all, when my oath is scheduled before the 60 days response deadline? I may simply not sign Stipulation for Dissmissal that they sent me, and simply wait and take the oath first?

But why AUSA and USCIS insist on, and sent me
to sign Stipulation for Dissmissal based on the fact that USCIS adjudicated my case (I have this letter for the oath now). Do you think they could do something to refuse my citizenship after I sign Stipulation for Dissmissal? Why are they so eager for Stipulation for Dissmissal? Should I sign it after the oath?
Thank you
 
MichaelM, I'm eager to see what jefkorn and lazycis will advice. But I am happy that they are moving on your case :) Good luck and keep us updated.
 
MichaelM said:
But is there need for Stipulation for Abeaynce at this point at all, when my oath is scheduled before the 60 days response deadline? I may simply not sign Stipulation for Dissmissal that they sent me, and simply wait and take the oath first?
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IMHO, if you are within the 60 day deadline, unless you agree to dismissal, the case will stay alive and you don't need to file for abeyance. Since your oath ceremony will take place before the end of 60 days, you could dismiss the case after the oath. Others, please correct me if I'm wrong in my understanding.

MichaelM said:
But why AUSA and USCIS insist on, and sent me to sign Stipulation for Dissmissal based on the fact that USCIS adjudicated my case (I have this letter for the oath now). Do you think they could do something to refuse my citizenship after I sign Stipulation for Dissmissal? Why are they so eager for Stipulation for Dissmissal? Should I sign it after the oath?
Thank you
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I think AUSA may be trying to clear things out of their pile of cases. I don't think the case has been adjudicated yet, won't it be adjudicated after you have the oath? USCIS won't refuse your citizenship just because you signed the stipulation of dismissal. It gives you more leverage and ability/reason to inquire about your case through AUSA if there's any last minute wrinkle. You can politely but firmly ask AUSA that you will sign the dismissal after your oath ceremony which will be done before the initial 60 day deadline so AUSA shouldn't have any problem with that.
 
mustafa34kc, thank you for asking. I received a call from an officer from USCIS last TH. It seems too quick to be the WOM, but she re-assured me that my case was moving along and I had 2 FP appointment scheduled.

I've been reading your posts :) Good Luck, I'm looking forward to our updates :) I hope they are good
 
cregan said:
mustafa34kc, thank you for asking. I received a call from an officer from USCIS last TH. It seems too quick to be the WOM, but she re-assured me that my case was moving along and I had 2 FP appointment scheduled.

I've been reading your posts :) Good Luck, I'm looking forward to our updates :) I hope they are good
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You are very welcome and thank you ..The court experience was interesting yesterday. The clerk was super nice and patient with me. She tried to help me as much as possible. I served the U.S. attorney myself which I later found out I was not supposed to. I might go back tomorrow with a friend of mine and have him serve them again. The same clerk told me today I can do that. I have mailed all my out of town complaints today too. Also, the clerk gave me a paper of the U.S. Maj. judge assigned to my case.
 
I was impressed with their professionalism too :) I mailed all my defendants. Yesterday, I checked online too see they all got served except for the FBI. I looked online today and the tracking system is down ... Hope it comes back up :)

I was asked to have a U.S. Maj. judge assigned too. I accepted :)
 
cregan said:
I was impressed with their professionalism too :) I mailed all my defendants. Yesterday, I checked online too see they all got served except for the FBI. I looked online today and the tracking system is down ... Hope it comes back up :)

I was asked to have a U.S. Maj. judge assigned too. I accepted :)
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I figured the U.S. Maj judge would be available sooner ..lets hope that would be the case ..hopefully all my mail will be received by the weekend. I wonder what will happen if they refuse to sign for the complaint and return it back to me.. I guess that would be to my advantage...
 
USPS website is back on, all of them have accept it. I am waiting for 4 green receipts. I received 2 green receipts so far :) I don't know what happens if they don't accept it ... I wonder if they can.
 
hi guys,I need your advise because I'am seriously consedring WOM.here is my time line
05/2004:I130,I485 filled
01/2005:interview i130 approved, i 485 pending name check
12/2008:name ckeck cleared
01/2008 tell now i had many infopasses,SR,CONGRESSMAN,all came with different answers:extended review,internal security check(i dont know what this is),third agency review,additional review.
ANY ADVISE WELL BE APPRECIATED
 
mosamno2, I'm assuming you are waiting for an adjustment of status? People on this forum are great and will be able the answer lots of your questions

But for now :)
This is a great reading http://en.wikibooks.org/wiki/FBI_name_check

I've posted
1) The details I have followed and my experience (limited) under cregan notes
2) Civil Cover Sheet
3) Summons
4) Sample AOS Writ (original doc is from the link above)

Let us know of any questions you have :)
 
I like cregan notes. That's a good idea and we could have former WOMers put in their experiences in some sort of central notes repository, may be google docs. Good job though.
cregan said:
mosamno2, I'm assuming you are waiting for an adjustment of status? People on this forum are great and will be able the answer lots of your questions

But for now :)
This is a great reading http://en.wikibooks.org/wiki/FBI_name_check

I've posted
1) The details I have followed and my experience (limited) under cregan notes
2) Civil Cover Sheet
3) Summons
4) Sample AOS Writ (original doc is from the link above)

Let us know of any questions you have :)
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thank you so much. yes my case is i 485. I have an approved I130 and cleared FBI name check.who you think should I name as a defendant?can you please give me their current names and possitions?
 
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