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

[Mette]

Guys, I was searching PACER cases asigned to my AUSA and just found an update on a case very similar to mine - after two 30 days extensions he just filed an answer to complaint basically stating

Defendant denies the allegations set forth in this paragraph of the complaint.

or

Defendant is without sufficient information to admit or deny the allegations set
forth in this paragraph.

to all the the Plaitiffs statements.

And in the end stating
" WHEREFORE, Defendants, having fully answered, prays that this action by dismissed
with prejudice, that the Plaintiff take nothing by reason of his Complaint, and that the
Defendants be granted it costs and such further relief as the Court may deem just"

What does that all mean??? What do I do if this happens to my case??
Please, explain. I'm starting to freak out

 

[xvistik]

Guys,
how do you find your AUSA on the Pacer. My case was filed 2 weeks ago, i still don't see anything ...

 

[dks35]

Guys,
how do you find your AUSA on the Pacer. My case was filed 2 weeks ago, i still don't see anything ...

Call Civil Process Clerk at US Attny's office and ask who is assigned to your case and what is the phone # to reach that person.
Pacer a lot of the time does not show this info.
good luck

 

[xvistik]

Thank you,dks35

Call Civil Process Clerk at US Attny's office and ask who is assigned to your case and what is the phone # to reach that person.
Pacer a lot of the time does not show this info.
good luck

 

[memme]

Question on preparing summons

What do I put under this for a pre se complaint?

YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY (name and address)

Do I leave it blank or provide my name and address? or do I just write Pro Se?

 

[xvistik]

you put your name and address + Pro Se

 

[drgeorge]

Call Civil Process Clerk at US Attny's office and ask who is assigned to your case and what is the phone # to reach that person.
Pacer a lot of the time does not show this info.
good luck

Keep checking the history of documents. Eventually a document will be added stating the name of the designated AUSA. In my case it took a month.

drgeorge

 

[basia866]

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?

I have spent massive amount of money and my attorney told me after two weeks passed by and response from AUSA was due to chill. I educated myself in the process and found that many people have filed on their own and they have been able at least to talk to AUSA. Any way I need to know how to file Notice of motion to change legal representation with the Court. I did ask court clerk and she was abosolutely rude and least accomodating. She told me to file Notice of motion and this is it. I attempted to find some information on internet no luck. I am devastated by this process. Anybody with suggestions. Please help

 

[kalyanij]

When should I initiate WOM

Guys,
I've got a quick question. My case is an Employment Based Adjustment of Status. I was current until last month, but the most current visa bulletin has my category unavailable. Visa numbers will not be available until October. See more details in my signature.

Here is the question... should I initiate WOM now or should I wait until October 1 when visa numbers in my category become available?

Please advise.

 

[basia866]

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. "

I have done that. I will not use my energy at this time to fight with the lawyer I want to concentrate on helping my cause. I will take care of incompetence and mishandling of my case at later date. I would love somebody to provide me with directions how to file Notice of motion to change legal representation to represent myself. I have initiated the conversation with AUSA last week and she was very accomodating she allowed me to fax her my case since she has not seen it yet. She promised to work on it. Help

 

[vsem-privet]

Today the day after receiving a letter card from L. Bush's office, I found in my mailbox another letter from the FBI Namecheck Program Office, saying that they have been forwarded my correspondence from L. Bush's office and that--here's a bummer--my request is still "currently in a pending status." The end of the letter reads: " While an exact date for completion of this review cannot be given, you may be assured that the results will be made available to the immigration authorities as quickly as possible." I'm very disappointed, to say the least, thinking all along that the whole rigmarole is due to an administrative mishap (e.g. miscommunication between USCIS and FBI offices) rather than an actual hit that requires review and clearance by an actual agent. Any advice on further options?

 

[dks35]

to XVISTIK

Keep checking the history of documents. Eventually a document will be added stating the name of the designated AUSA. In my case it took a month.

drgeorge

I'd be proactive and find out the name of the guy ASAP by just calling the office. Waiting for a month (or two) for the name to show up somewhere was not an option for me - I admit, I am a control freak. And in your post, drgeorge, I think the key word is EVENTUALLY... Name checks are completed, EVENTUALLY. and then N-400 are approved, also eventually. then why bother? Please do not take it personally, but I guess we are just too different.
BTW - in my case Attorney's name never showed up in case history, because the matter was settled promptly after filing the case.

 

[drgeorge]

Guys, I was searching PACER cases asigned to my AUSA and just found an update on a case very similar to mine - after two 30 days extensions he just filed an answer to complaint basically stating

Defendant denies the allegations set forth in this paragraph of the complaint.

or

Defendant is without sufficient information to admit or deny the allegations set
forth in this paragraph.

to all the the Plaitiffs statements.

And in the end stating
" WHEREFORE, Defendants, having fully answered, prays that this action by dismissed
with prejudice, that the Plaintiff take nothing by reason of his Complaint, and that the
Defendants be granted it costs and such further relief as the Court may deem just"

What does that all mean??? What do I do if this happens to my case??
Please, explain. I'm starting to freak out

Please follow up on what happens in this case.. it looks like the court can be asked to decide this, or ask the defendants to show cause why they are without sufficient information.. it is their problem

Was this 1447(b) or WOM? Could you please post details of this other case?

drgeorge

 

[drgeorge]

I'd be proactive and find out the name of the guy ASAP by just calling the office. Waiting for a month (or two) for the name to show up somewhere was not an option for me - I admit, I am a control freak. And in your post, drgeorge, I think the key word is EVENTUALLY... Name checks are completed, EVENTUALLY. and then N-400 are approved, also eventually. then why bother? Please do not take it personally, but I guess we are just too different.
BTW - in my case Attorney's name never showed up in case history, because the matter was settled promptly after filing the case.

love ya man, I am a control freak too - type AAA

All I meant is that an attorney has probably been not assigned yet. We know these guys are slow. Why bother the office staff? They are our greatest allies.

You are in control when you are prepared to wait a reasonable time, and two weeks with these guys is probably too short. They have 60 days to answer, wait for 30 days and then start calling

Please let me know if you differ, but PM me - this thread is too long as it is

drgeorge

 

[AL11]

Today the day after receiving a letter card from L. Bush's office, I found in my mailbox another letter from the FBI Namecheck Program Office, saying that they have been forwarded my correspondence from L. Bush's office and that--here's a bummer--my request is still "currently in a pending status." The end of the letter reads: " While an exact date for completion of this review cannot be given, you may be assured that the results will be made available to the immigration authorities as quickly as possible." I'm very disappointed, to say the least, thinking all along that the whole rigmarole is due to an administrative mishap (e.g. miscommunication between USCIS and FBI offices) rather than an actual hit that requires review and clearance by an actual agent. Any advice on further options?

I guess this method has helpled some people but not others, somebody else on this thread had the same letter from FBI. I just recied the white house letter on Saturday.
did you file a lawsuite yet or not? if not, why don't you try to send another letter to white house with a copy of the FBI letter and see if they can help the second time around. it may be a total waist of time, but on the ohter hand, I don't think it would hurt. But don't wait on that, if you haven't file yet, you should do that and don't waist any extra time

 

[AL11]

I have done that. I will not use my energy at this time to fight with the lawyer I want to concentrate on helping my cause. I will take care of incompetence and mishandling of my case at later date. I would love somebody to provide me with directions how to file Notice of motion to change legal representation to represent myself. I have initiated the conversation with AUSA last week and she was very accomodating she allowed me to fax her my case since she has not seen it yet. She promised to work on it. Help

I can't remember anyone on this forum that has done that before, so maybe that is why you are not getting many answeres, I think you need to find out on your own. I really don't think this is complicated, I would imagine that after you write a letter to your attorney to fire him, you draft a breif motion to say that you are changing cousel and now you are representing yourself (pro se). I think this should be simple and short. you send the motion to court and AUSA and defendants. you already established contat with AUSA so that should be a good start.
Good luck

 

[kalyanij]

Musicbox2000/dks,
I searched for Chertoff under 890 and found 43 cases. I found just one 485 related. Most of the them were naturalization related.

Can you please answer my question on if I should file the WOM now or wait until I am current/
Thanks.

You can put denfent's last name chertoff, to narrow down the search results.

 

[AL11]

I did already dismiss my attorney. I want to make sure that I do not make any mistakes. I have been making phone calls to my friends to help how to formulate the motion. I am not sure what kind of format to use and I do not want to give a court or USA any tools to delay my case. In fact their office ows me a response I do have a case for another motion for Default Judgment. I am overwhelmed and ready to give up after two years of treatment like a second rate human being.

Don't give up now, you need to finish the fight, there are always good days and bad days, what is important is who wins at the end. So keep going. Agian, I think the motion should be very simple (two lines) something like

here comes the plaintiff,.....and enters a motion in front of this honorable court to change counsel. Mr. ..... is no longer representing the planitiff.
The plaintiff herein wishes to proceed without representation (pro se) from this point on.

Good luck

 

[Mette]

Musicbox2000/dks,
I searched for Chertoff under 890 and found 43 cases. I found just one 485 related. Most of the them were naturalization related.

Can you please answer my question on if I should file the WOM now or wait until I am current/
Thanks.

They can dismiss your case saying that visa is not available to you. Though if you look several pages back in this topic, you can see that there were indeed cases where people were approved retroactively. Tricky.

 

[Mette]

Please follow up on what happens in this case.. it looks like the court can be asked to decide this, or ask the defendants to show cause why they are without sufficient information.. it is their problem

Was this 1447(b) or WOM? Could you please post details of this other case?

drgeorge

This was WOM based on AOS pending for 3 years.