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

[amad]

#of Days

The Answer To Your Question Is 60 Days Thanks

 

[syt]

Or, you can leave if empty. Court's clerk will fill in for you.

Hi all,

Can any one tell me what do I put in the number of days in the below section of the first page of summons. I am from Georgia state. Does it matter where I file the case. Please advise. I copied exactly from the summons page below.

"an answer to the complaint which is served on you with this summons, within xxxxxxxxxxxxxx days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service."

 

[needsolution]

You should continue with legal action as you have planned on schedule

HI,
looks like for all our cases, after the first namecheck if it doesn't clear right away or if the case sists in someone's office they just ignore it till you act up on it ....
All that said, in my case i haven't had a 2nd interview, but i had a 2nd FP and 8 weeks later VOILA. the namecheck cleared couple weeks after my FP.
it's all good. the way i see it if you have waited 3 years you only have 3 more months to deal, but at least you know IT IS GOING TO BE DONE.
GOOD LUCK

I am aware of cases including my own case, where they just automatically send appointments for 2nd fingerprinting and nothing happens afterwards for years. The fact that you are being sent an automatic notice for 2nd fingerprinting does not mean that your case is being processed soon. You should continue with legal action as you have planned on schedule regardless of this 2nd fingerprint notice because it doesn't mean a thing, Do not delay your legal action just because you received this notice from them. This is the best advice I can give you from my vast experience in litigation with USCIS.

 

[memme]

Can anybody tell me what should I put in "Cause of action" for the I 485 writ of mandamus? This is a question in the civil cover sheet.

 

[needsolution]

You should continue with legal action as you have planned on schedule regardless of t

Hello all,

I have waited for my oath for 3 years after the 1st interview in 2003 and am still stuck in the name check process, now I was notified by INS to get a 2nd interview and a 2nd fingerprint, do they mean

1. finally INS decided to start processing my case and supposely I'll get the oath real soon (3-4 weeks or so)

or

2. it's just a procedure, for anyone's case longer than 3 years then procedurely the new interview/fp need to be done, i.e. it's like a "refile" of the application and start all over from the begining? which means, it's 50-50 chance, either will get stuck in name check again real long time, or will be on the fast track?

Thank you very much for your help!

I am aware of cases including my own case, where they just automatically send appointments for 2nd fingerprinting and nothing happens afterwards for years. The fact that you are being sent an automatic notice for 2nd fingerprinting does not mean that your case is being processed soon. You should continue with legal action as you have planned on schedule regardless of this 2nd fingerprint notice because it doesn't mean a thing. Do not delay your legal action just because you received this notice from them. This is the best advice I can give you from my vast experience in litigation with USCIS.

 

[rick2006]

Can anybody tell me what should I put in "Cause of action" for the I 485 writ of mandamus? This is a question in the civil cover sheet.

i used Unlawful delay and negligence in my immigration petition for adjustment of permanent resident status
28 USC 1391. not sure if that is accurate though

 

[AL11]

After I did my 2nd FP, I called ausa to let her know. She told me she has not heard anything from FBI or CIS yet. (so FP again does not nesseray mean NC cleared). She does mention it is normally a good sign. She still remembered that I told her last time that my NC has cleared by another agency other than CIS. She said "it is rediculous" CIS insisted they need to do it again when she called them a few weeks ago. Again, she said she hope to resolve the case before she has to answer to the court.

AL11, how is your case going?

well, not much really, I still haven't heard anything, I am planning to call AUSA tomorrow.

 

[AL11]

Congratulations

Hey guys.
First Off thanks to everyone who helped in the creation of this forum and the veterans who assisted me in this lawsuit.
At last it looks like my ordeal will be finaly over on 08/21/06.
Yesterday i was checking my email one more time like i usually do, (i check it like crazy) i was pleasantly surprised that my N-400 application was approved. here's a copy of the email:


T:
Good news -- as you may already know, CIS has scheduled you for an oath ceremony on August 21, 2006. Please see the attached proposed stipulation and order of dismissal which the Court should sign prior to the ceremony in order for CIS to have jurisdiction to swear you in.

If it meets with your approval, I will file it with the court. You can fax me your signature as with the last stipulation we filed.

If you have questions, please feel free to contact me.

P.

is that awesome or what!
she attached a copy of the N-445 Notice of Naturalization Oath Letter, and a proposed stipulation for dismissal that i have agreed with.
here's the copy:

District Judge

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

T
(A#: ##-###-###),

Petitioner,
v.

ALBERTO R. GONZALES, et al.

Respondents.


No. C06-

JOINT STIPULATION FOR
VOLUNTARY DISMISSAL




JOINT STIPULATION

COMES NOW, the parties by and through John McKay, United States Attorney for the Western District of Washington and , Assistant United States Attorney for said District, and T, pro se, and respectively stipulate to allow petitioner/plaintiff to voluntary dismiss his case, without claim of either party to attorney fees or costs.

DATED this 11th day of August, 2006.

JOHN McKAY
United States Attorney


P WSBA #28###
Assistant United States Attorney United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271


Attorneys for Respondents/Defendants






/s/
T
Petitioner/Plaintiff



ORDER
IT IS SO ORDERED. The case is dismissed without prejudice.

DATED this ____ day of _____________, 2006.

____________________________

United States District Judge

Congratulations, enjoy your victory

 

[samson_33]

Posting the question again..

Do we know who all have filed for the motion for default judgement and what has been the outcome? What's the process? Do you have to go to court? will there be multiple hearings etc.. Where can I get additional information on this.
Also can you change the wordings in your prayer when you file the motion for default judgement or it has to be the same as in your complaint.

Also, what are the cases where the WOM has Not been Approved/dismissed. What is the reason provided by US Attrorney ? How do we counter that.

Please let me know. it's time to start prepaing for that..

Thanks

 

[Zorro3]

Notice of Pendency of Other Actions

I filed 1447(b) and one week after I received a letter from court saying in accordance of local Rule 1.04(c) 1) related to pending or closed civil cases or 2) not related to pending or closed civil case filed with court.

Also the letter says this action is designated a track one case all parties should comply with Local rule 3.05 for track one cases.

Does anyone konws what they are talking about. I served the defendents but still did not send certificates to court.

Please help. Thanks

 

[Emta]

Today I've got an official answer from Attorney, since 60 days on my 1447(b) cas has expired yesterday. I'm shocked, he was so nice at phone and never experess that he was going to file a negative answer!

In the responce there is a list of all my complaint paragraphs with comments on most "deffendants admit plaintiff's allegations contained in Paragraph ...". However, they denied the part of the first paragraph:

The allegations that the defendants hava "failed" to adjudicate her application for naturalization are denied insofar as the adjudication is an ongoing process that cannot be completed until the required background checks are completed.

And finally,

FIRST AFFIRMATIVE DEFENSEThe court should dismiss the complaint under Fed. R. Civ. P. 12(b)(6) because plaintiff fails to state a claim upon relief may be granted.

Needless to say, I've used a template in my complaint following this thred. Moreover, soon after filing I've got ORDER TO SHOW CASE from magistrate judge which confirm the validity of my complaint (I've posted this order while ago).

What should I do? What can I do?

I'm leaving on vacation tomorrow without internet access and have to call attorney upon my return at August 18. The date for case management conference is the end of August.

Dear friends,

Here is my update. Just the day after I've recieved this weird answer I've got a call from attorney office that my case is ready and asked to sign stipulation to dismiss "in the light of the fact that USCIS is now prepared to adjudicate plaintiff's application for naturalization and agrees to adjudicate such application within 30 days of dismissal of this action". I was already on my way to vacation when I got this call. I drove back to my office, recieved the fax and signed a dismissal. Hopefully it will work.

Thanks a lot for all the support.

 

[AL11]

Dear friends,

Here is my update. Just the day after I've recieved this weird answer I've got a call from attorney office that my case is ready and asked to sign stipulation to dismiss "in the light of the fact that USCIS is now prepared to adjudicate plaintiff's application for naturalization and agrees to adjudicate such application within 30 days of dismissal of this action". I was already on my way to vacation when I got this call. I drove back to my office, recieved the fax and signed a dismissal. Hopefully it will work.

Thanks a lot for all the support.

Congrats, what a relief

 

[kabi24]

Congratulations, enjoy your victory

Thank you, you'll be there soon hopefully

 

[AL11]

letter from white house

I received a letter from white house, I send one to Mrs. Bush in May. it is a printed card that says they forworded the letter to the agency responsible and I should hear from them soon. someone else on this forum got similar letter about a month ago, what the experience in general with these kind of letters?

 

[kabi24]

I received a letter from white house, I send one to Mrs. Bush in May. it is a printed card that says they forworded the letter to the agency responsible and I should hear from them soon. someone else on this forum got similar letter about a month ago, what the experience in general with these kind of letters?

What i have seen from this thread is that you either get your name check done ASAP or they tell you that you have to wait blah blah blah... so for you i guess it doesn't matter, whatever works. you already have a lawsuit going whichever works the soonest...

 

[moody22]

I received a letter from white house, I send one to Mrs. Bush in May. it is a printed card that says they forworded the letter to the agency responsible and I should hear from them soon. someone else on this forum got similar letter about a month ago, what the experience in general with these kind of letters?

I recived the same card last month..
A week later i recived a letter from the FBI indicating that in response to the letter i sent to the first lady regarding my name check clearance, the FBI recived the rquest from CIS on 7/26/04, they finalize it and forwardedit to the CIS on 7/27/04.
when i took the FBI letter to the CIS, they said we do other checks on you, not only FBI name check.

Basiclly, no matter what letters you will show them, the CIS is p.s us, and they will not work on our cases unless we slaped them with a law sue.

Regards

 

[ApplyInDenver]

I do not want a lawyer anymore. I just want to dismiss one I have and take over my case and start negotiation with A USA assigned to my case.
I want to know what kind procedure I have to follow to make sure that my legal paperwork in OK for me to take over. I have learned so much from this web site. I copied all the cases and forms necesary and I am familiar with most of the regulations.
I will share all my information about my lawyer and who I had to deal with when my case comes to some kind of solution.
Anybody who can help what do I have to do to discharge my attorney and become my own representation. Please, please anybody help.

I am not sure the complication you will have between you and the lawers. But for representing yourself instead of the lawer, maybe you can call the clerk for some advice?

 

[avs94]

New to the thread

Thanks everybody on this forum. I just filed my case a week ago.

-----------------
N-400 filed: 07/05
Interview: 12/19/05
1447(b) filed in Northern CA: 8/3/06
US Attorney served: 8/3/06
Receipts from defendants filed: 8/11/06

 

[memme]

i used Unlawful delay and negligence in my immigration petition for adjustment of permanent resident status
28 USC 1391. not sure if that is accurate though

Thanks for the reply rick2006. I checked http://www.law.cornell.edu/uscode/28/1391.html and figured that 28 USC 1391 talks about jurisdiction/venue. Considering that cover sheet specifically mentions "Do not cite jurisdictional statutes unless diversity", I guess, this won't be accurate cause of action.

 

[kabi24]

This might help

I would like to ask for advise. I would like to dismiss my lawyer who has done nothing for me last ten weeks including not initiating the dialog with A USA. He let 60 days pass by two weeks and told me still waiting for an answer. I am sure he did not call anybody or pursue any other motions on my behalf.
I would like to know what do I have to do to to change representation to myself in this case?
What kind of the legal steps do I have to take?
How do I notify A USA office about the change in my representation?
I already know who has been asigned to my case.
I actually found out that she did not even see my complaint yet?
Looking forward to any feedback.

i think the bottom line is contacting the lawyer and tell him/her that you don't need his/her services anymore get a copy of your file from him/her
and you enter a motion or praecipe with the court. the clerk might help you about the right paperwork to file with the court. i don't think it is going to be a problem, But READ ON,...
I found this info on nolo.com check it out it is really interesting
what to do when you are mad at your lawyer
also check this link
What's the best way to fire my lawyer?
I found this online on this immigration lawyer's website... http://www.visaus.com/findlaw.html
"Finally, if you become dissatisfied with your lawyer, do not write letters to CIS, DOL, or DOS, or the immigration judge in the case, or file legal documents a cousin or friend created for you on his word processor, or that you bought from an office supply store. You will do more harm to yourself. Fire your lawyer first. A simple letter telling the lawyer you no longer need his services will do. You should ask for your case file. It is proper for the lawyer to copy it before turning it over to you and to get you to sign a receipt for it. "