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

OhReally, I understand what you mean. I am so thankful for all of the help I received from this forum. I am sticking around, but the only knowledge I have has been limited to what I've been through :) but I'm always visiting hoping I can help :) and say hello to everyone

Congrats
 
Any comments on my situation?

smali said:
Well I called my lawyer back yesterday and asked if he had withdrawn the case. He said no, he was waiting for my final approval. I instructed him not to withdraw and now I am trying to find and contact my ex so she can be interviewed over the phone by AUSA staff. Hopefully, the interview goes well and AUSA keeps his promise to request USCIS to approve N-400. what is the likelihood of that heppening. Its been almost 2 1/2 years that I have filed my N-400 and still no luck. any response is welcome.
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I was told by lazycis that my case will be decided by motions. But now I am trying to reach a settlement with AUSA. Its been more than 30 days that he filed an answer to my complaint. Does it hurt if I do not file a motion even after 45 days and still try to negotiate? Has any body have any experience in filing motions etc. what is the sequence and types of motions are?
 
Hi everyone,
It has been a while since I've been online (due to graduate studies and selling home) I filed I WOM, went to SDNY for a pre-trial conference hearing on April 29, 2009. Judge Gardephe is the presiding over my husband's case. AUSA tried to convince the judge to dismiss the case on the basis of moot claims. Judge denied after hearing an argument I presented to court. Can someone provide with guidance on how to present an argument which is coupled with new evidence to support our claim. Here is the problem, my husband went to the visa interview at the Embassy in Islamabad and was interviewed by an obnoxious officer who in turn place us in "your case requires further processing" you got it! Administrative processing! Officer did not believe that our marriage is not a sham because they kept asking him where was his ex-wife (six years they have been divorced and my husband and I lived here in NY before he went back home to a family emergency and got stuck there due to visa) My husband and I have proof that the divorce deed is a valid and legal. Lazycis and others I need your help on how to present a strong argument against the defendants. I am scheduled to appear in court on June 3, 2009 but I need send the copies of supporting documentation prior to that date so that CIS will be able to approve our case and return our file back to the Embassy for immediate approval. I PRAY FULLY!!!!!!
 
Preparing an Argument Following WOM

Hi everyone,
It has been a while since I've been online (due to graduate studies and selling home) I filed I WOM, went to SDNY for a pre-trial conference hearing on April 29, 2009. Judge Gardephe is the presiding over my husband's case. AUSA tried to convince the judge to dismiss the case on the basis of moot claims. Judge denied after hearing an argument I presented to court. Can someone provide with guidance on how to present an argument which is coupled with new evidence to support our claim. :confused: Here is the problem, my husband went to the visa interview at the Embassy in Islamabad and was interviewed by an obnoxious officer who in turn place us in "your case requires further processing" you got it! Administrative processing! Officer did not believe that our marriage is not a sham because they kept asking him where was his ex-wife (six years they have been divorced and my husband and I lived here in NY before he went back home to a family emergency and got stuck there due to visa) My husband and I have proof that the divorce deed is a valid and legal. Lazycis and others I need your help on how to present a strong argument against the defendants. I am scheduled to appear in court on June 3, 2009 but I need send the copies of supporting documentation prior to that date so that CIS will be able to approve our case and return our file back to the Embassy for immediate approval. I PRAY FULLY!!!!!!
 
Now that my FP is done, what should be the next course of action? I tried calling AUSA today but it was going to his voicemail. I'll try again tomorrow. How long do you think will it take for them to approve and issue Oath Letter? Are there any chances the case could go for a hearing?


lazycis said:
No doubt it's a positive development! Expect swift approval now.
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I think anytime soon. They know this is not a joke anymore.- :)

b0nd said:
Now that my FP is done, what should be the next course of action? I tried calling AUSA today but it was going to his voicemail. I'll try again tomorrow. How long do you think will it take for them to approve and issue Oath Letter? Are there any chances the case could go for a hearing?
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I called the AUSA yesterday and left him a voicemail. I then again called him back in 1 hour and he answered. He told me that everything looks OK for my case and USCIS did not inform him of any abnormality. He said he will send an email to USCIS right away asking for a status update. He then called me back in the afternoon and read USCIS's email to me saying that the case has been approved and I am scheduled for an Oath on June 11, 2009. He congratulated me and asked me to wait for the letter in mail.
That was smooth considering a rough ride of 9 months after the interview. USCIS really needs someone to bully them to get things moving, don't know why.
Now that I am waiting for the letter (I hope it really shows up) I got two questions.
1. Is it possible I can request for an earlier Oath? Has anyone had luck with that and what's the procedure? I plan on travelling on June 3, 2009.
2. I have had 2 trips of 6 weeks each during the past 9 months since my 2 interviews, one after the first and the other after 2nd interview. My question is when I disclose this on the back of Oath letter, will the IO simply verify those trips from my passport stamps or will he pull me off the Oath and send another Oath date until they verify it in their system?
 
BIG Congratulations b0nd!!! It's amazing to see how USCIS works. No matter how you ask, beg, threat, they just ignore us. Then as soon as we kick their *** they move right away. Sorry I don't know the answer to your questions. But I am sure they will be resolved one way or the other.

b0nd said:
I called the AUSA yesterday and left him a voicemail. I then again called him back in 1 hour and he answered. He told me that everything looks OK for my case and USCIS did not inform him of any abnormality. He said he will send an email to USCIS right away asking for a status update. He then called me back in the afternoon and read USCIS's email to me saying that the case has been approved and I am scheduled for an Oath on June 11, 2009. He congratulated me and asked me to wait for the letter in mail.
That was smooth considering a rough ride of 9 months after the interview. USCIS really needs someone to bully them to get things moving, don't know why.
Now that I am waiting for the letter (I hope it really shows up) I got two questions.
1. Is it possible I can request for an earlier Oath? Has anyone had luck with that and what's the procedure? I plan on travelling on June 3, 2009.
2. I have had 2 trips of 6 weeks each during the past 9 months since my 2 interviews, one after the first and the other after 2nd interview. My question is when I disclose this on the back of Oath letter, will the IO simply verify those trips from my passport stamps or will he pull me off the Oath and send another Oath date until they verify it in their system?
Click to expand...
 
b0nd said:
I called the AUSA yesterday and left him a voicemail. I then again called him back in 1 hour and he answered. He told me that everything looks OK for my case and USCIS did not inform him of any abnormality. He said he will send an email to USCIS right away asking for a status update. He then called me back in the afternoon and read USCIS's email to me saying that the case has been approved and I am scheduled for an Oath on June 11, 2009. He congratulated me and asked me to wait for the letter in mail.
That was smooth considering a rough ride of 9 months after the interview. USCIS really needs someone to bully them to get things moving, don't know why.
Now that I am waiting for the letter (I hope it really shows up) I got two questions.
1. Is it possible I can request for an earlier Oath? Has anyone had luck with that and what's the procedure? I plan on travelling on June 3, 2009.
2. I have had 2 trips of 6 weeks each during the past 9 months since my 2 interviews, one after the first and the other after 2nd interview. My question is when I disclose this on the back of Oath letter, will the IO simply verify those trips from my passport stamps or will he pull me off the Oath and send another Oath date until they verify it in their system?
Click to expand...


Congrats B0nd ..I have tried to get an earlier oath date after my case was approved but they could not do that since the scheduling comes from the service center and the local office. As for your travels after the interview, they should just look at your passport for the stamps. If you want to make it easier for them, make copies of the stamped pages to go along with your oath letter. You can read all about my oath experience in the thread I started yesterday after my oath. Once again, congrats:D
 
Thanks everyone and special thanks to those who helped me with the lawsuite. There was a time when I lost it and thought of abandoning my application after the first interview but then I found this forum and since then I stuck to it to find answers and help. I really appreciate everyone's help and it's a great thing that such forums exist where one can find useful information without spending fortune on lawyers.
 
b0nd said:
Thanks everyone and special thanks to those who helped me with the lawsuite. There was a time when I lost it and thought of abandoning my application after the first interview but then I found this forum and since then I stuck to it to find answers and help. I really appreciate everyone's help and it's a great thing that such forums exist where one can find useful information without spending fortune on lawyers.
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What a journey!!!!.
Congratulations
 
How long were the trips and did you disclose them at the Oath? Did the IO verify the trips from passport stamps? I am in similar situation and don't want to end up being pulled out of the Oath so I'd appreciate your detailed answer.


mustafa34kc said:
you should not have any problems. I went overseas twice while my WOM was pending.
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b0nd said:
How long were the trips and did you disclose them at the Oath? Did the IO verify the trips from passport stamps? I am in similar situation and don't want to end up being pulled out of the Oath so I'd appreciate your detailed answer.
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B0nd ..my trips were before my interview while my WOM was pending and I did disclose them during my interview. One trip was for 10 days and the other was for 5 days. One to Europe and one to the Middle East. I did get get a citation though between the interview and the oath from the city. I did disclose the citation to the IO. Before the ceremony started when, the IOs came to the room, I approached one of them and explained to him what the ticket was for and I paid the fine. I told him I had 2 different versions of the oath letter answered. One with question four answered Yes and the other one answered No. I asked him which one I should turn in. He told me the one with Yes and to write an explanation next to the answer. He never asked me anything else about the ticket. I hope this would help you
 
lazycis

Hey, Lazycis,

I am so glad to see you are still here and help those people who want to file lawsuit. I can still recall the old times that you helped me with questions on serving summons and draft motions. You have been so nice and helpful. May God bless you!

wommei
:)



lazycis said:
You only need to file "return of service" for all summons with the court. No need for a certificate of service and no need to send it to AUSA. After this, everything you file with the court should have a "Certificate of service". Here is how it works: you send papers to AUSA via first-class, then go to court and file the same with the court. Certificate of service would say that you served the filing upon AUSA via mail. Court will stamp your copy of the filing.
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Hello .. I am back again I was so happy when they approved my case but I guess is not over yet I did received my approval for my I-129F and my I-130 about 3 weeks ago and they inform me to contact (NVC) and I did call them day and night and every time I call them they say they don’t have my case yet and they ask me to contact USCIS at CSC and I did. Any way I did contact my congressman 3 days ago and he call me today to let me know my case still in security check and they not going to transfer my case to the national visa center tell they finish my security check in the mean time I call my lawyer
And he asks me to fail mandamus (WOM) again so I do need some advice please and this normal thing please helps me...
 
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Hi Lazycis, Jefkorn, mustafa34kc and other I do need your helps please



Hello ... I am back again I was so happy when they approved my case but I guess is not over yet I did received my approval for my I-129F and my I-130 about 3 weeks ago and they inform me to contact (NVC) and I did call them day and night and every time I call them they say they don’t have my case yet and they ask me to contact USCIS at CSC and I did. Any way I did contact my congressman 3 days ago and he call me today to let me know my case still in security check and they not going to transfer my case to the national visa center tell they finish my security check in the mean time I call my lawyer
And he asks me to fail mandamus (WOM) again so I do need some advice please and this normal thing please helps me...
 
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do you have your copy of the noa# 2 for both your I-130 and your I129f? how can your papers be in security checks if uscis already approved your petition.
 
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