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

Ok, here's what my lawyer said:
"I'll reach out today. Unfortunately, we can't ask for a "default judgment," we can ask the court to request the gvt answer and if they don't treat the nonresponse as waiving the right to and just decide the case on your pleadings."
 
Ok, here is what the lawyer did today according to Pacer. Before this, the last status was:
4/20/17: SUMMONS Submitted by X (that'd be me)

And now these new items are added:
6/13/17: SERVICE EXECUTED filed by X (that'd be me): Certificate of Service re: Complaint upon AUSA on 5/31/17. (Attachments: # (1) Supplement Complaint)
6/13/17: SUMMONS Submitted by X. (Attachments: # (1) Summons)
 
Here's the difference between the last executed service and this one: the last one says complaint upon Gallman, Kelly et al, and this one says complaint upon AUSA.
 
Now here's the question running in my head: was my lawyer incompetent by not submitting a summons upon AUSA in the first place? Or is it not common to submit a summons upon AUSA, and you only submit summons upon the defendants (USCIS, DHS, FBI et al)?
 
There have been some new entries on Pacer for my WOM case. Does anyone on this thread have any clue what these mean? Did my lawyer screw up with serving the summons back in April and now he's re-doing it?
X; me; Y: my lawyer

4/20:
- SERVICE EXECUTED filed by X: Certificate of Service re: Certificate of Service of the Complaint upon Al Gallmann; Donald Neufeld; Lori Scialabba; John F. Kelly; Jefferson Sessions; James Comey on 4/20/17. (Attachments: # (1) Complaint)
- SUMMONS Submitted by X. (Y)

6/13:
- NOTICE of Certified Mailing filed by X: re: Complaint mailed to AUSA on 5/31/17. (Attachments: # (1) Supplement Complaint)(Y) *Modified to correct event type on 6/14/2017 (LSP).
- NOTICE of Service re [3] Order by X. (Attachments: # (1) Summons)(Y) *Modified to correct event type on 6/14/2017 (LSP).

6/14:
- SUMMONS Submitted by X. (Y)

6/15:
- Summons Issued as to U.S. Attorney and U.S. Attorney General. (HLA)
- SUMMONS Submitted by X. (Y)
- Summons Issued as to James Comey, Al Gallmann, John F Kelly, Donald Neufeld, Lori Scialabba. (HLA)*** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
 
So your lawyer got the summon issued. Comey and Scialabba are no longer in their positions, so whoever is in their position hopefully would get the summon.
 
zee40 said:
So your lawyer got the summon issued. Comey and Scialabba are no longer in their positions, so whoever is in their position hopefully would get the summon.
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I know he has submitted summons but why twice? Why is he re-submitting summons now that the 60 day is up? Where do we go from here? Does the 60 day clock get reset? If so, that sucks :(
Unfortunately I had to use my sponsor/employer's attorney and these corporate lawyers are not very responsive when you send them an email.
 
I talked to the lawyer today. It was court clerk's recommendation to re-submit summons (more like an ultimatum). However, he called AUSA office and they seemed to have been sitting on it all this time. He said he told them we would go to hearings with or without them and if we got a judgement in our favor, we would also ask for my legal fees. He said we should hear something in a week or two. Technically what we see on Pacer is not exactly the date the court clerk issued them the summons electronically. So they had a week or two left. AUSA haven't even contacted USCIS yet about my 485 :mad:
I am reaching the point: the heck with them, let's go all the way to the court and also ask for my money from them! Bastards!
 
Update: I got an email notification for RFE. Probably for expired medical. Finally the case is moving! Looks like lawyer's chat with AUSA has been helpful. She does not want to pick a fight and hopefully it'll all get resolved soon.
 
RFE was for re-doing the medicals. I mailed it yesterday. I guess I am not getting an interview because they went straight to RFE for medicals.
 
Guys,
Just found this forum, my case is as follow, please advise if I can file 1447(b) the forum is very long:

Case: naturalization (n400)
filed: 10/5/16
interview in NYC 3/22/17
received "decision can't be made" letter after passing test
After that:
4/26 – ombudsman request – answer 6/23 within normal processing times cant help

5/23 - opened SR with officer; answer case pending

6/27 – info pass (told different officer assigned, officer moved to diff division, file with someone else who is on vacation)

6/29 - 2 service request , received answer “pending adjudication”

7/11 – nyc council submitted request – see email 7/14

7/21 – ombudstmans office submitted form again confirmation

7/21 – spoke to congresswoman Lowey’s office, shortly after that got a phone call uscis states case withing normal processing times.

Thus, it has been over 120 days post interview and no resolution. How do I deal with this? Do I need an attorney to file 1447(b)?

Glusmen
 
They transferred my case. Most probably means they want to interview me. I am not happy with that because it is another delay tactic unless they act fast on it. I emailed the lawyer to oppose any motions by AUSA for an extension. If we have to go to court hearings, so be it! They've had 2 years for this nonsense. I'm not gonna wait another 6 months for an interview to be scheduled.
 
I just got a call from the WOM lawyer. AUSA is willing to file a stipulation with the court that the case will be adjudicated in 30 days. And if it isn't, we can re-open the lawsuit. The transfer is not to the field office for an interview. But whatever they want to do (interview etc), they should do it in 30 days.
 
Hello everyone,

I've been on this form for quiet sometime and need some help. My case for N400 is also stuck in background check and I wanted to know if anyone here can suggest a good attorney for filing WOM? and what would be the approx. cost? (N400 filed in Northern CA). Please see below my case timeline:

N400 Application filed: March, 2016
Biometrics Notice: April, 2017
N400 Interview Scheduled: June 5, 2017
N400 Interview Descheduled June 5, 2017

So it's been almost 17 months now with no hope of timely resolution. I have recently contacted my senator, have filed a case with Ombudsman office. Plus, I have also filed for FOIA (USCIS & FBI).

Thanks in advance!
 
I recommend Murthy in Washington DC. They're pretty good at WOM. And they quoted me almost half what Fragomen got from me. I was forced to use Fragomen because my case is EB2 I-485 and my sponsor's HR didn't let me hire my own lawyer even though I had to pay out of pocket.
 
OttawaSenators said:
I recommend Murthy in Washington DC. They're pretty good at WOM. And they quoted me almost half what Fragomen got from me. I was forced to use Fragomen because my case is EB2 I-485 and my sponsor's HR didn't let me hire my own lawyer even though I had to pay out of pocket.
Click to expand...

Thank you for your prompt response! I also just sent you a message if you can kindly review it.

One correction: My biometrics were done in April, 2016 and not 2017.
 
Latest update: AUSA has told my lawyer that she's been told by USCIS that they're trying to make a decision on my I-485 by Aug 18th (when their response to court is due). And they transferred my case again according to case tracker on USCIS website. Probably to field office or back to Nebraska where they have the power to adjudicate cases. The next few days are crucial!
 
Congratulations finally after all this time, you are approved. I am happy for you. Can you please paste your WOM timeline so people have a clear picture of the length of time it took from filing WOM till case getting approved?
 
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