Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Hmmmmm...when attorneys are involved
I see your point but I am wondering if when attorneys are involved compared to Pro Se Litigators, things run a little different. Plus every USCIS/AUSA's do business in their own way. What I can say for sure is AUSA can be more manipulative with a Pro Se and will not dare to play same game with another attorney...
I see your point but I am wondering if when attorneys are involved compared to Pro Se Litigators, things run a little different. Plus every USCIS/AUSA's do business in their own way. What I can say for sure is AUSA can be more manipulative with a Pro Se and will not dare to play same game with another attorney...
avs94 said:
Boy, that's a tricky situation. I am in a similar situiation as you, and I met with an attorney who advised me to file the WOM on 1st October when visa numbers become available. No one can predict that visa numbers for EB-2 India will be available on October 1st, but according to my attorney it is highly likely. The visa bulletin comes out on a Friday around the 10th of every month- I am expecting the next one to come on September 15th and that should provide information on visa number availability for October. I am not sure how you could prove to the AUSA that visa numbers will be available in October.
Is this a TSC case?
KJ
Is this a TSC case?
KJ
samson_33 said:
Question!
I received a Clerk's Notice to re-scheduled the Initial Case Management Conference with Certificate of Service signed by Judge's Clerk. Do I need to serve all defendants and US Attorney? Please help. I called the Clerk who sent me this notice. But, he is not polite and not willing to answer me any question.
I received a Clerk's Notice to re-scheduled the Initial Case Management Conference with Certificate of Service signed by Judge's Clerk. Do I need to serve all defendants and US Attorney? Please help. I called the Clerk who sent me this notice. But, he is not polite and not willing to answer me any question.
Help Needed!!! Where To File WOM?
Hi, everyone.
I need your help to decide where I should file WOM. I filed I-485 at CSC on Dec 9, 2006. But now I live at Ohio. If I list CSC as one of the defendents, then where should I file the WOM? I am very confused now, since the disctrict I reside now is different from the one CSC operates. Thanks!
Hi, everyone.
I need your help to decide where I should file WOM. I filed I-485 at CSC on Dec 9, 2006. But now I live at Ohio. If I list CSC as one of the defendents, then where should I file the WOM? I am very confused now, since the disctrict I reside now is different from the one CSC operates. Thanks!
ApplyInDenver
Registered Users (C)
What's on the Certificate of Service?
Did the Certificate of Service mention who he has servered? If the AUSA is on the certificate, then I don't think you need to.syt said:
ApplyInDenver
Registered Users (C)
Local rules for pleadings and motions.
You might have to read your local rules. Here in colorado, the local rules states:
C. Motion, Response, and Reply; Time for Serving and Filing; Length. Excluding motions filed under Fed. R. Civ. P. 56 or 65, a motion involving a contested issue of law shall state under which rule or statute it is filed and be supported by a recitation of legal authority incorporated into the motion. The responding party shall have 20 days after the filing date of the motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply within 15 days after the filing date of the response, or such lesser or greater time as the court may allow. Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed.
A motion shall not be included in a response or reply to the original motion. A motion shall be made in a separate paper.
Good luck.
Mr LA said:
You might have to read your local rules. Here in colorado, the local rules states:
C. Motion, Response, and Reply; Time for Serving and Filing; Length. Excluding motions filed under Fed. R. Civ. P. 56 or 65, a motion involving a contested issue of law shall state under which rule or statute it is filed and be supported by a recitation of legal authority incorporated into the motion. The responding party shall have 20 days after the filing date of the motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply within 15 days after the filing date of the response, or such lesser or greater time as the court may allow. Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed.
A motion shall not be included in a response or reply to the original motion. A motion shall be made in a separate paper.
Good luck.
Info Pass
I had infopass today, NC is still pending ,I asked IO about the law suit he said yes I heard about that people are suing in california I told him there are lot of them coming in D.C area too , he said that's the only way but nobody can issue a oath without checking the background, he was under impression that I may be thinking that I can get the oath just by suing them and bypass name check, which I make him cleared it will expediate name check, may be he did not knew the whole thing about law suit or he was just playing that he does not know at all. Went to courthouse and bring the pro se package now I'm doing my home work searching pacer and writing my complaint, hopefully by end of this monthor begining of next month,in this thread there is lot of info which many pros don't have thanks to publicus,mohammed,Kabi24,AL11, Bashar and others who contributed a lot to the community and still contributing.Any input, suggestions please don't hesitate.
Thanks
God bless Everybody but start from me
I had infopass today, NC is still pending ,I asked IO about the law suit he said yes I heard about that people are suing in california I told him there are lot of them coming in D.C area too , he said that's the only way but nobody can issue a oath without checking the background, he was under impression that I may be thinking that I can get the oath just by suing them and bypass name check, which I make him cleared it will expediate name check, may be he did not knew the whole thing about law suit or he was just playing that he does not know at all. Went to courthouse and bring the pro se package now I'm doing my home work searching pacer and writing my complaint, hopefully by end of this monthor begining of next month,in this thread there is lot of info which many pros don't have thanks to publicus,mohammed,Kabi24,AL11, Bashar and others who contributed a lot to the community and still contributing.Any input, suggestions please don't hesitate.
Thanks
God bless Everybody but start from me
I included a copy of the USCIS receipt, e-mails from USCIS in response to my inquery to the 800 #, letter from Julia Harrison in response to my letter expressing my frustration with the process and a copy of the intent to sue letter that I sent one month before I filed.WhyThisDelay said:
Good luck to you
No, US Attorney is not in the list. Only my name is in the certificate of service. For safty, I have made copies and served all defendants and US Attorney by certified mail. I'll file certificate of service for all defendants and US Attorney when I get the confirmation of delivery.
ApplyInDenver said:
Good luck. May God bless all of us. Which district of California are you in? I remember Cajack is going to file 1447b lawsuit in Eastern District of California by the end of month.
jattindc1 said:I had infopass today, NC is still pending ,I asked IO about the law suit he said yes I heard about that people are suing in california I told him there are lot of them coming in D.C area too , he said that's the only way but nobody can issue a oath without checking the background, he was under impression that I may be thinking that I can get the oath just by suing them and bypass name check, which I make him cleared it will expediate name check, may be he did not knew the whole thing about law suit or he was just playing that he does not know at all. Went to courthouse and bring the pro se package now I'm doing my home work searching pacer and writing my complaint, hopefully by end of this monthor begining of next month,in this thread there is lot of info which many pros don't have thanks to publicus,mohammed,Kabi24,AL11, Bashar and others who contributed a lot to the community and still contributing.Any input, suggestions please don't hesitate.
Thanks
God bless Everybody but start from me
approved and pp stamped
Finally it came to my turn. Filed AOS/WOM on 6/5 at EDNY, served on 6/6. On 7/27 cases transfered from VSC to NYC. AUSA missed the 60-day deadline so I filed Motion for Default Judgment on 8/8. AUSA called on 8/10 and asked for 30-day extension to resolve the case and I agreed. He called again on 8/17 and told me I was scheduled for interview on 8/24. On 8/23, congressman's office called NYC and confirmed name check is still NOT completed. Went to the interview at Federal Plaza, NYC with spouse on 8/24 without any high hope. Made us wait for 3 hours and called by a lady to her cubic (we were the last in the waiting area). Asked for documents such as tax, employment letter, birth certificate etc. Kept our passports then sent us out of the building for photocopies of some documents and pictures (we already went to biometrics 3 months ago. I think she just played god and enjoyed causing more trouble). Anyway, when we went back with stuffs that she wanted, she handed over our passports already stamped, said cases approved and you can go now. What puzzled me is that it seems name check is no longer a must now.
Finally it came to my turn. Filed AOS/WOM on 6/5 at EDNY, served on 6/6. On 7/27 cases transfered from VSC to NYC. AUSA missed the 60-day deadline so I filed Motion for Default Judgment on 8/8. AUSA called on 8/10 and asked for 30-day extension to resolve the case and I agreed. He called again on 8/17 and told me I was scheduled for interview on 8/24. On 8/23, congressman's office called NYC and confirmed name check is still NOT completed. Went to the interview at Federal Plaza, NYC with spouse on 8/24 without any high hope. Made us wait for 3 hours and called by a lady to her cubic (we were the last in the waiting area). Asked for documents such as tax, employment letter, birth certificate etc. Kept our passports then sent us out of the building for photocopies of some documents and pictures (we already went to biometrics 3 months ago. I think she just played god and enjoyed causing more trouble). Anyway, when we went back with stuffs that she wanted, she handed over our passports already stamped, said cases approved and you can go now. What puzzled me is that it seems name check is no longer a must now.
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Hi there, you shouldn't have to do anything because the clerk is supposed to inform all parties of any decisions made by the judge.syt said:
You only re-serve the parties with any new documents you introduce...
in my case everytime the judge signs a motion or order all the parties receive copies of the documents from the clerk's office.
good luck