Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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It's better to have to many. You never know, USCIS may say that they did not get a response from FBI. Close the loop and do not be intimidated, FBI won't be after you because of 1447b suit
Marty_the,
Lazycis already hit the nail on the head. Also remember that having long list of defendants doesn't necessarily complicate things but can actually make it easier for one AUSA to work with any of the departments listed in the defendants list if the need arises. Since yours is a 1447(b), technically your "examination" (background check etc) is done and should be considered complete for the purpose of adjudicating your application.
No theoretically speaking , even if your background check was not completed at the time of interview, the fact that your interview was conducted, "implies" that a decision could be made within 120 days of the interview according to http://www.law.cornell.edu/uscode/8/usc_sec_08_00001447----000-.html.
And yes, there's no reason to be intimidated You are already an LPR and will soon be a USC.
Lazycis already hit the nail on the head. Also remember that having long list of defendants doesn't necessarily complicate things but can actually make it easier for one AUSA to work with any of the departments listed in the defendants list if the need arises. Since yours is a 1447(b), technically your "examination" (background check etc) is done and should be considered complete for the purpose of adjudicating your application.
No theoretically speaking , even if your background check was not completed at the time of interview, the fact that your interview was conducted, "implies" that a decision could be made within 120 days of the interview according to http://www.law.cornell.edu/uscode/8/usc_sec_08_00001447----000-.html.
And yes, there's no reason to be intimidated
You are already an LPR and will soon be a USC.It's better to have to many. You never know, USCIS may say that they did not get a response from FBI. Close the loop and do not be intimidated, FBI won't be after you because of 1447b suit
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Thanks guys.
Now the 1447b template that the wiki page has does not include the AG as defendant. So there is nothing under Parties about AG. I found below info under Parties section of the complaint on another example:
Attorney General of the United States, has been conferred the authority to naturalize persons as citizens of the United States by INA § 310(a), 8 U.S.C. § 1421(a), and is sued here in his official capacity.
Will this above statement still be good for me to include? I guess I do not really know what these INA § 310(a), 8 U.S.C. § 1421(a) mean.
Now the 1447b template that the wiki page has does not include the AG as defendant. So there is nothing under Parties about AG. I found below info under Parties section of the complaint on another example:
Attorney General of the United States, has been conferred the authority to naturalize persons as citizens of the United States by INA § 310(a), 8 U.S.C. § 1421(a), and is sued here in his official capacity.
Will this above statement still be good for me to include? I guess I do not really know what these INA § 310(a), 8 U.S.C. § 1421(a) mean.
GC_09_2003
Registered Users (C)
Looks like my WOM start working now....
Friday(03/13) my attorney received a finger printing notice & RAE (Request for additional Evidence) from USCIS. RAE is for current employemnt verification.
However I have a small issue here. Initailly I joined compnay "A" as "senior Programmer Analyst" in 1999. Then "A" was bought over by company "B" (But "A" entity is still exists as subsidiary). In Nov 2006, I moved from subsidiary "A" to corporate "B" with title as "software programmer" (as title "senior Programmer Analyst" doesn't exist at "B") with the same resposibilities as before and submitted AC21 in Jan 2007 and had an interview in Mar 2007. In 2008, "C" was bought over by "D" and renamed as "D". Regarding salary, it has been increased by 35% from "A" to "C" (not a big jump as I was talking about one decade time frame of 1999 to 2009!!).
My attoney said like "it would have been better if I had the same title!!! but not a big deal".With this is the story in store, do I end up in any sort of problem when I submit current employemnt verification letter issed by company "D"?
Pandits here, any advise? Thanks in advance.
Friday(03/13) my attorney received a finger printing notice & RAE (Request for additional Evidence) from USCIS. RAE is for current employemnt verification.
However I have a small issue here. Initailly I joined compnay "A" as "senior Programmer Analyst" in 1999. Then "A" was bought over by company "B" (But "A" entity is still exists as subsidiary). In Nov 2006, I moved from subsidiary "A" to corporate "B" with title as "software programmer" (as title "senior Programmer Analyst" doesn't exist at "B") with the same resposibilities as before and submitted AC21 in Jan 2007 and had an interview in Mar 2007. In 2008, "C" was bought over by "D" and renamed as "D". Regarding salary, it has been increased by 35% from "A" to "C" (not a big jump as I was talking about one decade time frame of 1999 to 2009!!).
My attoney said like "it would have been better if I had the same title!!! but not a big deal".With this is the story in store, do I end up in any sort of problem when I submit current employemnt verification letter issed by company "D"?
Pandits here, any advise? Thanks in advance.
GC_09_2003,
You should not have any issues. Let attorney handle the RFE. The way portability rule was put in AC21, the USCIS has very little chance to deny your I-485. If it does deny it, just amend your complaint and dispute the denial in court. Such denial is disputable in court (generally, I-485 denials are not).
You should not have any issues. Let attorney handle the RFE. The way portability rule was put in AC21, the USCIS has very little chance to deny your I-485. If it does deny it, just amend your complaint and dispute the denial in court. Such denial is disputable in court (generally, I-485 denials are not).
GC_09_2003
Registered Users (C)
mustafa34kc
Registered Users (C)
Interview Experience Today
Hey Guys ...I had my interview this morning. Everything went well and I passed everything. At the end of the interview, I got the bad news. The officer told me she could not approve me yet since the rest of my file has not arrived from Nebraska. I am still upset about this, I guess I am not out of the woods yet. She told me it should not take very long. I did mention to her I will be going out of the country at the end of June to get married. She said all should be done by then. What are my options beside waiting ? can I do anything to expedite the process ? Your thoughts and ideas would be greatly appreciated.
Hey Guys ...I had my interview this morning. Everything went well and I passed everything. At the end of the interview, I got the bad news. The officer told me she could not approve me yet since the rest of my file has not arrived from Nebraska. I am still upset about this, I guess I am not out of the woods yet. She told me it should not take very long. I did mention to her I will be going out of the country at the end of June to get married. She said all should be done by then. What are my options beside waiting ? can I do anything to expedite the process ? Your thoughts and ideas would be greatly appreciated.
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An Old timer
Hello everyone,
I used to frequent this forum back in 06 when I filed WOM for my GC. Now it's time to file for citizineship and was wondering if things has changed in the last 3 years, I heard they are doing the name checks in 6 months or less now, but I am not sure if this is true, so I want to be ready in case I need to file another WOM for my N-400 application.
Thanks and nice to be back
Hello everyone,
I used to frequent this forum back in 06 when I filed WOM for my GC. Now it's time to file for citizineship and was wondering if things has changed in the last 3 years, I heard they are doing the name checks in 6 months or less now, but I am not sure if this is true, so I want to be ready in case I need to file another WOM for my N-400 application.
Thanks and nice to be back
I am preparing my 1447(b) documents. Are there any latest sample Summons and js44 available on the forum or elsewhere? I found some that are posted at the start of this thread and they are way too old. As I have 0 knowledge of the law so I do not want to mess up anything. I'd appreciate if I can get some help.
As I will be mailing the complaint, I wanted to know how will the Summons process work. Can someone please explain? Do I just fill all the Summons and include them with the complaint being sent to the Court? To my understanding and from what I gathered from the forum the Court will return the Summons with the case number and stamp and then I will include necessary paper work (Complaint and exhibits) with the Summons and mail them to defendant?
About the sample Complaint template for 1447(b) posted on wikipedia, is it up to date and does it have all relevant laws correctly mentioned in it or do I need to make any changes to it?
As I will be mailing the complaint, I wanted to know how will the Summons process work. Can someone please explain? Do I just fill all the Summons and include them with the complaint being sent to the Court? To my understanding and from what I gathered from the forum the Court will return the Summons with the case number and stamp and then I will include necessary paper work (Complaint and exhibits) with the Summons and mail them to defendant?
About the sample Complaint template for 1447(b) posted on wikipedia, is it up to date and does it have all relevant laws correctly mentioned in it or do I need to make any changes to it?
This is an interesting case at Northern Ill. district about 1447(b). It looks like USCIS was getting really desperate in this case.
I could not open the pdf doc in this link. does anyone know of another link to that doc? Thanks!
You can post your question(s) on Ron Gotcher's forum (or contact him by phone)
http://immigration-information.com/forums/index.php
He is very prompt
Mustafa,
How's the court case going? Any development? You can definitely speed it up thru AUSA if s/he is willing to help (they usually very helpful)
mustafa34kc
Registered Users (C)
Hi Lazycis ... I did actually call the AUSA and he was was not happy they did not have my file. He told me that USCIS told him it will be a done deal today. He said he is going to make few calls and get back with me. Hopefully he will get something going. I know he agreed to have an extension till April 7th last month until the interview was over. My lawyer thought that my file is being held by the legal office at USCIS
Sounds encouraging. AUSA will try to resolve it because it's much easier for AUSA to push USCIS than to fight the case in court.
Does not work for me either. I would recommend reading this important 1447b case:
http://bibdaily.com/pdfs/Walji II 5th Cir. 9-14-07.pdf