WaitingInDallas
Registered Users (C)
Congradulations, Yousif! One more victory!
yousif said:
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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WaitingInDallas
Registered Users (C)
talked to AUSA yesterday
Just some updates for our case.
My bf managed to talk to AUSA who was assigned to the case yesterday. He was very polite and professional, but seemed a little cold. He mentioned that usually he only deals with appealing cases. He thought this is a really trivial case. He did not seem to want to spent time on it.
Our case deadline is July 7th. He said that he will file an extension for another 60 days soon. He also told my bf that he thinks the case can be resolved in another 60 days. My bf asked if he could file for 30 days, he said it was a general practise to file for 60 days and asked my bf to be more patient.
I guess we will have to wait for another 60 days. The deadline will be Sep 7th.
Just some updates for our case.
My bf managed to talk to AUSA who was assigned to the case yesterday. He was very polite and professional, but seemed a little cold. He mentioned that usually he only deals with appealing cases. He thought this is a really trivial case. He did not seem to want to spent time on it.
Our case deadline is July 7th. He said that he will file an extension for another 60 days soon. He also told my bf that he thinks the case can be resolved in another 60 days. My bf asked if he could file for 30 days, he said it was a general practise to file for 60 days and asked my bf to be more patient.
I guess we will have to wait for another 60 days. The deadline will be Sep 7th.
Screaming_Eagle
Registered Users (C)
Congratulations
CONGRATULATIONS MY FRIEND
I am glad to see another victory. I was also glad to see that my name check is completed as well as all neccessary checks except that USCIS is stalling my case for another 60 days to conduct a second interview with me before they finalize my application. Their resposnse to court was stupid and technically all they asked for is done except the second interview. Honestly, I do not want to see any of their ugly faces, but I have to do it when they send me an interview letter. I will keep you guys updated. Thanks to everyone on this forum and congratulations to Yousif and every new American Citizen (and LEGAL resident as well).
yousif said:
CONGRATULATIONS MY FRIEND I am glad to see another victory. I was also glad to see that my name check is completed as well as all neccessary checks except that USCIS is stalling my case for another 60 days to conduct a second interview with me before they finalize my application. Their resposnse to court was stupid and technically all they asked for is done except the second interview. Honestly, I do not want to see any of their ugly faces, but I have to do it when they send me an interview letter. I will keep you guys updated. Thanks to everyone on this forum and congratulations to Yousif and every new American Citizen (and LEGAL resident as well).
Last edited by a moderator:
greencard12
Registered Users (C)
update on my WOM case
One month ago, when I talked to the AUSA who is handling my case, he said he would file a motion to dismiss my case for lack of subject matter jurisdiction by following instructions from a lawyer of USCIS. After that, I talked to him several times and it seemed that I owned some sympothy from him.
Today AUSA called me today to inform me that instead of filing a motion to dismiss my case, he would file an answer to my complaint. He also told me he already asked FBI to expedite my name check.
Why do you think he will file an answer rather than filing a motion to dismiss? Do you think it is a good idea for me to ask him to hold the answer and file an extension of 30 days instead? Buggin, fightback, mohamedmohamed, Haddy , ..., and other experts, please let me know your thoughts here. Thanks.
I485 filed April 2003
NC initiated May 2003
WOM filed April 2006
One month ago, when I talked to the AUSA who is handling my case, he said he would file a motion to dismiss my case for lack of subject matter jurisdiction by following instructions from a lawyer of USCIS. After that, I talked to him several times and it seemed that I owned some sympothy from him.
Today AUSA called me today to inform me that instead of filing a motion to dismiss my case, he would file an answer to my complaint. He also told me he already asked FBI to expedite my name check.
Why do you think he will file an answer rather than filing a motion to dismiss? Do you think it is a good idea for me to ask him to hold the answer and file an extension of 30 days instead? Buggin, fightback, mohamedmohamed, Haddy , ..., and other experts, please let me know your thoughts here. Thanks.
I485 filed April 2003
NC initiated May 2003
WOM filed April 2006
Man whenever I start writing a long response... something happens to the system... i am just talking to my self... yes if your AUSA files an extension that would be great... other wise answer is also good... resonse to dismiss is more challenging but doesnot change the fact that they have the duty ... it just takes more effort and time... good luck and please keep us informed... i am glad you are able to work with your AUSA...greencard12 said:
Waiting.................
HI All,
I am new to this site and came to know about suing USCIS today when my Senator mailed me asking to try Suing USCIS ( instead of mailing them evry 15 days.........). I dont know whether it is time for me to file the case and i dont even know how to fight the cae on your own as most of you have done.
I filed I - 485 with I - 130 on April 7th 2005 and my name check was sent to fbi on April 22nd 2005 which is pending since then.
I and my wife were called for the interview ( since I filed based on marriage to US citizen) on OCT 20 2005. I am waiting since then. I dont know whther i should start collecting information of suing them or not. I am already in the second year of EAD. My license is renewed for only 1 year so i have problem in doing that too.I cant leave the country as I dont have I - 90 in my passport.
Can anybody suggest me what I should do??
HI All,
I am new to this site and came to know about suing USCIS today when my Senator mailed me asking to try Suing USCIS ( instead of mailing them evry 15 days.........). I dont know whether it is time for me to file the case and i dont even know how to fight the cae on your own as most of you have done.
I filed I - 485 with I - 130 on April 7th 2005 and my name check was sent to fbi on April 22nd 2005 which is pending since then.
I and my wife were called for the interview ( since I filed based on marriage to US citizen) on OCT 20 2005. I am waiting since then. I dont know whther i should start collecting information of suing them or not. I am already in the second year of EAD. My license is renewed for only 1 year so i have problem in doing that too.I cant leave the country as I dont have I - 90 in my passport.
Can anybody suggest me what I should do??
Greencard12,greencard12 said:
It sounds to me that your AUSA is trying to get your name check expedited. He/she is running out of time and that is why he needs to file an answer.
The fact that he decided not to file a motion to dismiss is a good sign. It tells me that he doesn't believe he has solid grounds to get your case dismiss or that he doesn't believe he can win this case.
You can file an agreement with the court for an extension. Or you can do nothing. Let the AUSA file an answer. You don't have to respond to his/her answer. Then, the AUSA will have more time (before the case management conference) to get your name check done.
Overall, I think this is a good sign. Good luck.
masa_inn said:Hi, everybody!
I’ve been a lurker and a reader for a long time, but now I really need your help.
I filed my case about a week ago and listed US Attorney General of Georgia as a defendant. They called yesterday and told me that he had nothing to do this type of case. I checked local Constitution and Code – they seem to be right. (I’m an idiot, IDIOT
The question is – can I drop charges against him only and proceed with other defendants?
What should I do – write some kind of dismissal letter (?) and file it with a court clerk? How can I explain the reason I’m dropping charges? (well, it has to be “I voluntarily dismiss, because I’m stupid and listed wrong defendant”)
I feel terrible and I really worry about my case now, because I managed to mess it up in the very beginning.
Thank you in advance
First, a while ago, a member insisted here that US Attorney should be listed as a defendant...since a frined of his/hers did so
I always said it shouldn't be done that way, don't sue US Attorney, since US Attorney is the attorney for the defendants...if you sue your wife for divorce you don't sue her lawyer too
(unless he's the father of your kids and you ask for child support )Anyway, you made a mistake, so, let the judge dismiss the case against the US Attorney...you still have the others on your list (USCIS, US Attorney General, etc.)
You can sue whoever you want, it's your constitutional right, you may sue the wrong person, that's possible, but it's up to the Court to decide that and to proceed or dismiss the case against that particular defendant.
greencard12
Registered Users (C)
Suzy977 said:First, a while ago, a member insisted here that US Attorney should be listed as a defendant...since a frined of his/hers did so
I always said it shouldn't be done that way, don't sue US Attorney, since US Attorney is the attorney for the defendants...if you sue your wife for divorce you don't sue her lawyer too
Anyway, you made a mistake, so, let the judge dismiss the case against the US Attorney...you still have the others on your list (USCIS, US Attorney General, etc.)
You can sue whoever you want, it's your constitutional right, you may sue the wrong person, that's possible, but it's up to the Court to decide that and to proceed or dismiss the case against that particular defendant.
You could file an amendment to your original complaint which is like a totally new complaint and the ticking clock for AUSA to answer will be reset.
Not necessarily.greencard12 said:
This is what San Francisco District Court Pro Se Handbook says:
"The time limits are different for responding to an amended complaint. According to Rule 15(a) of the Fed Rules of Civ Procedure, a defendant must file a response to an amended complaint within the time remaining to respond to the original complaint, or within ten days after being served with the amended complaint, whichever period is longer, unless the court orders otherwise."
The thing to remember when amending your complaint is that you can easily do it before the defendants filed their answer to the complaint. After that, you need either defendants' or court's permission to do so.
Why not Sue instead of sending an intent to Sue
I really don't understand why people or attorney for that matter will send a letter of intent to sue to USCIS asking them to resolve the matter or else they will sue. In my opinion this is very dangerous. You are telling the USCIS to retaliate and deny your case without leaving you any legal ground for you to fight back. As Suzy977 have stated here many times, why not just sue USCIS and that way they can't deny your case under 1447b because they loose jurisdiction. Remember USCIS can deny your case for any silly reason. For example, in case of Bashar they denied it because USCIS stated they don't have his updated address. Lucky he that he had filed the case and could have gone to the court and told the court a classic retaliation from USCIS. Anyhow, his case was resolved. My point is, 'do not send any letters to sue'. Just go ahead, spend $350 and sue instead. In this case you will be on much stronger ground.
shadeshi said:
I really don't understand why people or attorney for that matter will send a letter of intent to sue to USCIS asking them to resolve the matter or else they will sue. In my opinion this is very dangerous. You are telling the USCIS to retaliate and deny your case without leaving you any legal ground for you to fight back. As Suzy977 have stated here many times, why not just sue USCIS and that way they can't deny your case under 1447b because they loose jurisdiction. Remember USCIS can deny your case for any silly reason. For example, in case of Bashar they denied it because USCIS stated they don't have his updated address. Lucky he that he had filed the case and could have gone to the court and told the court a classic retaliation from USCIS. Anyhow, his case was resolved. My point is, 'do not send any letters to sue'. Just go ahead, spend $350 and sue instead. In this case you will be on much stronger ground.
This is a normal legal process: your attorney sends a demand letter with intent to sue, giving the defendant one last chance to do what they are supposed to do. This is a normal routine and can aid you later during trial. You can show the judge that you were willing to resolve the problem out of court but the defendant wasn't willing to cooperate.joey101 said:
Having said that, I agree that in our kind of cases, it may backfire. I agree that when you give the USCIS a chance to get their job done, it can either help or hurt. So, it is everybody's choice. I chose not to send any demand letters but to sue.
Suzy977 said:First, a while ago, a member insisted here that US Attorney should be listed as a defendant...since a frined of his/hers did so
yes, I saw mentioned case with US attny listed as a defendant (in PACER), and now I'm surprised - why their US Attny did not react ? I think, they don't care much since naturalizations cases usually settled before trial.
Buggin, Suzy, Fightback - thank you very much! Life seems so much better now, and I belive again that my husband will be a citizen one day (It's been more than 3 years since the interview).
boston_case
Registered Users (C)
possibility
Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?
Thanks ...
Hi Gurus,
If we file 1447b related lawsuit right on 120th day, is there a possibility that they might say the people are waiting for a long time and my case might not look that strong . What can be done in that scenario ?
Thanks ...