Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Iddir v. INS (7th Cir.)
Several cases went to appeal, but the courts did not have a chance to rule because USCIS granted I-485 beforehand. You may try to appeal as well as USCIS will either have to grant your AOS (even if PD is not current) or get a curcuit ruling (they are very afraid of that).
mustafa34kc
Registered Users (C)
Thank you Liena .. I will hang around here for awhile since I will have an I-130 for my wife pending. Hope all goes well for you just hang in there there is a light at end for sure
liena,
Expect either approval, request for an extension or MTD. When you get a response from AUSA, let us know. Did you file return of service (postal receipts) with the court?
Lazycis, Can I file electronically?
Also at what point can I register for Pacer and CM/ECF account, before or after filing? I couldn't find a link to sign up for CM/ECF account for my local court. I did signup for PACER account earlier today but it didn't send me confirmation or anything.
Also at what point can I register for Pacer and CM/ECF account, before or after filing? I couldn't find a link to sign up for CM/ECF account for my local court. I did signup for PACER account earlier today but it didn't send me confirmation or anything.
Here's a link from your court's website: https://ecf.nyed.uscourts.gov/cgi-bin/login.pl
To register for PACER: http://pacer.psc.uscourts.gov/psco/cgi-bin/register.pl
Sample template for motion to efile: http://forums.immigration.com/showpost.php?p=1997410&postcount=16728
You can register for PACER even if you never plan to file WOM but you will need to get in touch with your court's staff that supports PACER or ECF(electronic filing) to get YOUR court's setup with your court's electronic filing system.
To register for PACER: http://pacer.psc.uscourts.gov/psco/cgi-bin/register.pl
Sample template for motion to efile: http://forums.immigration.com/showpost.php?p=1997410&postcount=16728
You can register for PACER even if you never plan to file WOM but you will need to get in touch with your court's staff that supports PACER or ECF(electronic filing) to get YOUR court's setup with your court's electronic filing system.
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Thanks, lazy. None in 5th Cir...
Can the Appeal be filed at the same time as the MTR, or afterwards (what'd be the typical timeframe for the court to rule on a MTR?). I researched previous forum posts and read that Appeal can be filed within 60 days from the order entry if one party is the government, right?
thank you lazycis
what Do you mean by ( MTD ) I don't NO about the return of service My Lawyer did the job for me (so I can be in the safe side)
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I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
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MTD means that AUSA is responding to your Complain by filling something called Motion to Dismiss. It means that AUSA is asking the court on Defendant's behalf that your Complaint be dismissed. If AUSA files MTD, the plaintiff, in your case your lawyer will file response to MTD rebutting his arguments and asking the court to decide in your favor. At that point court could decide whether to grant or deny MTD in full or in part. Granting MTD means the court agrees with MTD and denying it means, it disagrees.
Lately in many cases, AUSAs are not filing MTDs. They are either getting the case adjudicated(most likely approval) within the initial 60 days or filing motion to ask for 30 days extension and get it done within the extension period.
Your lawyer must have filed proof of delivery of summons etc with the court.
Lately in many cases, AUSAs are not filing MTDs. They are either getting the case adjudicated(most likely approval) within the initial 60 days or filing motion to ask for 30 days extension and get it done within the extension period.
Your lawyer must have filed proof of delivery of summons etc with the court.
thank you lazycis
what Do you mean by ( MTD ) I don't NO about the return of service My Lawyer did the job for me (so I can be in the safe side)
--------------------------------------------------------------------------
I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
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Just spoke to the Pro Se clerk for the NY Eastern District Court. He was quite knowledgeable and helpful. He said there's no need to prepare and send summons and Civil Cover sheet to the Court. They will prepare the Summons and send them to me. They will prepare the Cover sheet as well. I just need to file Complaint+Summons+check. Do you think I got correct information?
Rules vary from court to court so I'd believe him. Usually the court sends you summons when you file complaint by mail. This adds 7-10 days to the process. If you prepare summons yourself and file in person, you will save that time.
Thanks, lazy. None in 5th Cir...
Can the Appeal be filed at the same time as the MTR, or afterwards (what'd be the typical timeframe for the court to rule on a MTR?). I researched previous forum posts and read that Appeal can be filed within 60 days from the order entry if one party is the government, right?
Yes, you have to 60 days to appeal. But if MTR is filed, you can appeal MTR denial so technicaly the clock is reset if you file MTR. The only problem is that there is no time limit for judge to consider MTR (I'd love to be a judge!).
There is a helpful case in your circuit: Zhao v. Gonzales, 404 F.3d 295 (5th Cir. 2005).
Check this case where the above case is cited when jurisdiction is discussed
https://ecf.txnd.uscourts.gov/cgi-bin/show_public_doc?2007cv0421-23-1
thank you Lazycis and all the other gurus,
This forum has been an incredible source of inspiration and support for me.
In short, N-400 received on July 26, 2007, interview on June 18, 2008. Everything went well in the interview except that there was a mistake saying that I indicated that I was arrested , but I've never been arrested or did I indicate such a thing . The officer said that this was no problem and he will rectify this issue and send me something within a couple of weeks. 300 days or so go by and I haven't received anything. I tried all the possible means of inquiry ( letters, senators, infopass) the best answer I got was six months ago :case Under supervisor review.
As I was so ready to sue(1447 b), I made research, typed a complaint, sent a letter with intention to sue along with a draft of the complaint on March 20 2009 to : District director of USCIS, AUSA, District AUSA, and (because of this forum) the chief council of USCIS.
On March 27, 2009. I received a call from the Local AUSA introducing herself and telling me that she has been assigned to my case and she will be away from the office but will look at the case on the following week.
On April 1 2009, she called and said that she was told that my case has been approved and I'm scheduled for oath ceremony on APRIL 15 2009. I couldn't believe it, after all that research, all those sleepless nights , all this preparation, I was so ready to go to court , file opposition to MTD, SJ ....all that fun. Plus she told me that on April fools' . I had( still have ) this mixed feeling of happiness and disapointement.
Today I received the Oath Ceremony letter. On the back there are those questions that everybody answers NO to. But I will have to answer YES to one of them: I RECEIVED TRAFFIC TICKET on March 25,2009 >>> Careless driving(3714) , which is so unfair but I pleaded not guilty and scheduled a court date on May 25 2009.
What should I do now? will they deny my case because of that ?
should I ask for another date ? ......
thx
This forum has been an incredible source of inspiration and support for me.
In short, N-400 received on July 26, 2007, interview on June 18, 2008. Everything went well in the interview except that there was a mistake saying that I indicated that I was arrested , but I've never been arrested or did I indicate such a thing . The officer said that this was no problem and he will rectify this issue and send me something within a couple of weeks. 300 days or so go by and I haven't received anything. I tried all the possible means of inquiry ( letters, senators, infopass) the best answer I got was six months ago :case Under supervisor review.
As I was so ready to sue(1447 b), I made research, typed a complaint, sent a letter with intention to sue along with a draft of the complaint on March 20 2009 to : District director of USCIS, AUSA, District AUSA, and (because of this forum) the chief council of USCIS.
On March 27, 2009. I received a call from the Local AUSA introducing herself and telling me that she has been assigned to my case and she will be away from the office but will look at the case on the following week.
On April 1 2009, she called and said that she was told that my case has been approved and I'm scheduled for oath ceremony on APRIL 15 2009. I couldn't believe it, after all that research, all those sleepless nights , all this preparation, I was so ready to go to court , file opposition to MTD, SJ ....all that fun. Plus she told me that on April fools' . I had( still have ) this mixed feeling of happiness and disapointement.
Today I received the Oath Ceremony letter. On the back there are those questions that everybody answers NO to. But I will have to answer YES to one of them: I RECEIVED TRAFFIC TICKET on March 25,2009 >>> Careless driving(3714) , which is so unfair but I pleaded not guilty and scheduled a court date on May 25 2009.
What should I do now? will they deny my case because of that ?
should I ask for another date ? ......
thx
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Hi folks, I filled for my wife I-130 in March 2008 and I did received my my first NOA in April 2008. Then I fail my I-129F in April 15 / 2008 and received my first NOA for my I-129F in April 28 / 2008 and I never received any thing after that. any time I call USCIS they don’t have any information about my cause and I did request expedite about (6) times and I did contact my both senator and my congers so many times but no luck finally after alt of forestation and stress I did filed my WOM in the curt of Seattle Washington ( FEB 08 / 2009 ) in the mean time I did call USCIS 800 # I called the USCIS 800 # last month the officer tell me they did send me request of evidence in the 2nd of march but I didn’t received any thing in the mail , I did call them back 8 days later and she tell me they will send it again to me and any way for the last 6 weeks any time I call they the officer keep tell me they send it in this day so now what I do and I am going thru stress I need help please and I do like to thanks all of you specially lazycis and jefkorn
-------------------------------------------------------------------------------------
I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
-------------------------------------------------------------------------------------
I-130 - send 03/10/2008
Check Cashed 03/18/2008
NOA Received 04/04/2008
I-129F - send 04/15/2008
NOA Received 04/28/2008
WOM Filed in Seattle WA 02/08/2008
If you are currently disputing the ticket, you do not have to answer "NO". I do not see it as a big deal even if you answer "YES". Do not worry.