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

Thank you, lazycis. I made a draft of "notice of voluntary dismissal". Could you have a look and see if it is okay? I cannot find any samples on the Web.

Notice of Voluntary Dismissal
The Plaintiff, XXXX, Pro Se, hereby notifies the Court that he voluntarily dismisses his Complaint, without prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. No answers or motions have been served on this case. The dismissal is entered into because the Plaintiff has received relief (the Plaintiff’s Adjustment of Status application, or I-485, was approved on 04/24/2009).

Date: __________________, 2009
Respectfully submitted,
 
lazycis said:
Congratulations! I think the hardest part is done for you and your sweetheart (just kidding, the hardest part starts after you get married :).
I-130 approval should follow automatically after you get married, but it's hard to tell when. Do not dismiss your WOM to get I-130 approved as well.
In any case, your fiance does not need I-130 to get K-3 visa. USCIS will send approved I-129F to NVC.

If you haven't filled I-134 form (Affidavit of Support) yet, do it now and send it to your fiance.
Read what happens next here:
http://www.geocities.com/jgomes4551/approval.html
Click to expand...


Thank you, lazycis

but do I go through an FBI namecheck process again . :confused::confused::confused:
 
indianapolis n400 timeline "moving fast"

i just received my IL letter today for June 8th at 9am

03-16-09 filed n400 to phoenix lockbox
03-25-09 check cleared
03-27-09 receipt received with 03-17-09 priority date
04-12-09 fingerprint notice for 04-23-09
04-22-09 fingerprint taken (walk in)
05-01-09 received interview letter IL
06-08-09 interview date indianapolis
 
They did clear the first background check before the interview. This is the 2nd background check they initiated as my case has been pending for a while (that's what IO told me over the phone).


immigrant7777 said:
Citizenship Timeline
D/O: NYC
09/28/2007: Priority Date
02/06/2008: FP Appointment
08/27/2008: Interview Appointment at 26 Fed Plaza; Decision can not be made
11/24/2008: Submitted Additional Documents
12/12/2008: Reinterview + Additional Documents = Decision can not be made
12/27/2008: Service Request; Wait for another 60 days
01/05/2009: Infopass; No outcome
02/27/2009: Service Request; Background check pending, wait for another 6 months.
04/13/2009: Filed lawsuit, 1447(b)

I thought USCIS not scheduling interviews without name check done. Is this an exception?
Click to expand...
 
:) :) :)[/QUOTE said:
Opps... Good for you! So, no need to worry about I-130 approval for now. Just don't dismiss WOM.
Click to expand...

thank you lazycis you are the best .by the way do I go through namecheck process again ???:confused::confused::confused::confused::confused:I hope not.:)
 
aagh! I have withdrawn my federal case in disgust.

lazycis said:
In my understanding, your N-400 was denied on procedural grounds, not because of the lack of GMC. So it doesnt not make any sense to let AUSA interview your ex. Did USCIS reopen your N-400 first? You are asking court at this point to set aside the denial as "arbitrary, capricious, an abuse of discretion" using 5 USC 702. After that, USCIS should make a determination regarding your GMC. Let your lawyer explain this to AUSA.
Click to expand...


Today I went to my lawyers office and instructed him to withdraw my federal case for naturalization review off the court calendar forever. Has any one else has withdrawn their naturalization review case while disgusted by the procedure and court system? The Court system here in NY has failed miserably. The court has no control over AUSA? They do whatever they please. The judges are sitting like dummies. Doing nothing. The AUSA was dragging his feet and asking to talk to my ex-wife. She refused to talk and I do not blame her. I was advised by my attorney that case may go for litigation and it may go for another year easily. He suggested if I simply refile my N-400, I could be citizen in 8 months. What shall I choose. Litigate and still take a chance to be citizens 50/50 in one year, or take a chnace and refile N-400 and hope that CIS grant the natz in 8 months.

In light of all of the above, the questions arises that due to changed circumstances (being that I-751 waiver has been approved this time), you guys still think that CIS may dragg thier feet and if not deny but delay my naturalization after interview and I still end up filing a mandamus type suit in say two years from today. What are the chances, in percentage wise. Has some one gone this route and been successful. Thanks every one.

I feel much better taking the law suit back. May be I am cut to this type of situation. Been scared what if my ex-wife says some thing what does not make sence and AUSA request reopening approved I-751. Although the marraige was 100 percent legit and we lived togather for 3 years. But still how could you depend on women. They may say some thing un-suspectingly and put you in jeopardy. Was I reading too much between the lines and my fears unfounded. Just looking for opinions at this juncture. This will be my third time filing N-400 ( already spend about $5000 in filing fee and attorney fee on filing of just N-400 so far). Has some one filed N-400 four or more times?
 
Last edited by a moderator:
-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-129F approved 04/30/2009
I-130 approved 05/04/2009
 
liena, hi my name is joe, from florida, what attorney did you use to file your wom? i have also been filed my I 129 f last year on march 18 2008 and i am still waiting for my approval from vermont center? thank you and congratulations on your approval?
 
AUSA Scott A. Dunn has been assigned to me. Anyone with prior experience with him?


windywd said:
B0nd,

Actually you don't have to. She mailed this to both the plaintiff and defendant. Louis Bloom is an O.K. judge. She is a Magistrate Judge, so she only can "recommend" to the judge presiding your case. The judge normally follows the recommendation from the Magistrate Judge, though.

If I am not mistaken, you will be working with AUSA Ronald Kish. He is a really nice guy, be kind to him and push for answers why it took so long.
Click to expand...
 
there are two posts here. Who has been assigned Scott Dunn

b0nd said:
AUSA Scott A. Dunn has been assigned to me. Anyone with prior experience with him?
Click to expand...

My naturalization review case was assigned to Scott Dunn. He is very unreasonable person. He usually assignes some law students from Brooklyn Law school who screw up the cases royally. I hope it does not happen to you. IM me privately to go over this. Pursues aggressively. I ended up withdrawing. I do not mean that yi9u have to do the same thing but be careful with your attorney, tat he does not screw up. send me an IM and I can give detailed reply.
 
Last edited by a moderator:
Demand letter worked like magic!

I mailed Demand letters with my petition (under 1447b) and other docs to several people on April 24. My package arrived to them around April 28th. In my letter I nicely asked them to take care of my case by the 21st May.
I got a call from an Immigraition officer yesterday around 11 AM telling me that my application is approved and I can have my oath at 2 PM if I am available to be there. So I took off from work and went down to the CIS office and took the oath and became a citizen yesterday.

I like to thank everyone in this forum, specailly LazyCIS, for providing me the info and support. I would still be waiting if it werent for this forum.
Thanks a lot.

I am very glad that it is all over now..no more trips to CIS..

-Marty
 
Marty_the said:
I mailed Demand letters with my petition (under 1447b) and other docs to several people on April 24. My package arrived to them around April 28th. In my letter I nicely asked them to take care of my case by the 21st May.
I got a call from an Immigraition officer yesterday around 11 AM telling me that my application is approved and I can have my oath at 2 PM if I am available to be there. So I took off from work and went down to the CIS office and took the oath and became a citizen yesterday.

I like to thank everyone in this forum, specailly LazyCIS, for providing me the info and support. I would still be waiting if it werent for this forum.
Thanks a lot.

I am very glad that it is all over now..no more trips to CIS..

-Marty
Click to expand...

Hi Marty,

What is your timeline?
 
My time line

11/19/2007: N400 mailed to TX
2/23/2008: FP taken
5/23/2008: Interview
1/11/2008: Started writing and calling EVERYONE!
4/24/2009: Mailed Demand letter
5/06/2009: Oath taken!
 
I received Finger Print appointment notice today. It is scheduled for 5/20. Is this a sign of progress? Should I expect something good out of it?
 
Smali, Thanks for the feedback. I just sent you a PM. Do you mind sharing your timeline?



smali said:
My naturalization review case was assigned to Scott Dunn. He is very unreasonable person. He usually assignes some law students from Brooklyn Law school who screw up the cases royally. I hope it does not happen to you. IM me privately to go over this. Pursues aggressively. I ended up withdrawing. I do not mean that yi9u have to do the same thing but be careful with your attorney, tat he does not screw up. send me an IM and I can give detailed reply.
Click to expand...
 
Hello Every one
i have filed for my N-400 on 10/06/08 based on 5 years wish it was on 01/04/04 that the date was in my green Card said i am LPR since 01/04/04 based on that i applied for N-400 i went to the interview on 04/09/09 i passed the test i got the per approve letter i was waiting for my OL and i just got a denial letter the letter said they deny me becuase i filed too early in the I-485 they have it stamped i was LPR since 01/14/04 in my green card it said 01/04/04 they said i can have a hearing but i don't know how long that will take and iam in bad need for every min i haveing a baby on 08/05/09 and my wife still overseas so if i file all over it wil take us anther yeas and we already waiting for 2 years now and my baby wont be citizen and i have to file for her too dose any one went throw same thing before tomorrow i have meeting of my congressman staff but i don't know if that will work can i take it all the way to the white house please give me advice i really need it will i did went to the congressman office yesterday and we wrote a letter to the direct district i also have an info pass for the 05/12 i heard nothing from any one so far what do you think if i go public with it call the news or something do you think it will work cuz they did the mistake and want me to pay for it. once agian tell me what you think
 
You must log in or register to reply here.
Top