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

[RWDW]

Planning to file 1447b in Chicago

Please read my PM to you

drgeorge

Drgeorge,

I'm in the same boat. I had interview in April 06 and am thinking about file a 1447b case soon in Northern district of Illinois ( Chicago ). Would you please share some information and experience with me? Thanks a ton!!

 

[jattindc1]

1447 (b)

Need Help, I'm almost set to file 1447(b) but have little confusion about "certificate of service " and "Return Of Service" I'm in Eastern Disdrict in Virginia . Please answer if anybody knows.
Thanks

 

[TheRock20148]

1447(b) and Name Check Pending

All,

I did filed 1447(b) on July 11th, 2006 after having interview on 08/10/2005. Enough is enough right!. I call AUSA every two weeks to find out updates on my name check pending status. As usuall governement have 60 days to response and finally I called him on 08/25/06 and left message for AUSA to remind them only 2 weeks left in deadline.
He called me and informed me that, he did called FBI/USCIS on 08/25/06 after my message to expediate my name check. Good news I did recieved call today from AUSA that my name check in completed from FBI and USCIS will make decision soon and inform me via email ( I guess oath letter).
My question to all you is, AUSA have not asked me to dismiss lawsuit even name check is cleared. This is normal? or he might be waiting to make sure USCIS send me oath letter frst.
Anyhow so far so good lets see what will happen and i will update all of u soon.

 

[drgeorge]

Congrats!

All,


My question to all you is, AUSA have not asked me to dismiss lawsuit even name check is cleared. This is normal? or he might be waiting to make sure USCIS send me oath letter frst.
Anyhow so far so good lets see what will happen and i will update all of u soon.

I filed my lawsuit on 7/11/06 as well, just like you. I got my oath letter on 8/17/06, and was sworn in 08/29/06. But the moment I got the oath letter I was worried about the same issue as you are.

So don't worry! You can be sworn in without dismissing the lawsuit.. sleep well

drgeorge

 

[said904]

1447 experience

Hello everybody ,
Fisr I want to Congratulate everyone that got his oath or his oath letter


I thought to share my 1447 case story with you guys, and i need some advise from the experts

I appliled for naturilazation on july 2003 and had my interview on june 2004 and my case is still pending for name check.

I filed 1447b on june 2006 and the 60 days deadline ended , the US attorney asked for 30 extension that will end 30 9/11/2006 what a lucky date

I calle the US attorney office today for any updated and his assistant said that tehy haven't heard any thing from the immigration yet and my case is still pending name check, and she added that she is not instructed to make any further contact and taht they will answer the court by the deadline.

Iam so depressed, because I did nit excpect the case to go this far . Iam so busy with my work and I do not feel that iam ready for going to court , plus the attornies I contacted about the case ask for huge fees $10,000 or more.

I do ot know what will happen next , but I will appreciate any help you guys can provide in acse this thing does nt get solve by the deadline

Thank you in advance

 

[jattindc1]

No response

Looks and sounds like nobody have answer to my question or just ignoring me no time and no body have answer . well Good Luck with your Journey.
Thanks

 

[lovingusa]

Looks and sounds like nobody have answer to my question or just ignoring me no time and no body have answer . well Good Luck with your Journey.
Thanks

did you try to ask the court clerk about this?

People in this forum are very helpfull, its either they don't know or they haven't read your question yet, but they don't ignore if they have the answer,

Best of luck

LOVINGUSA

 

[lovingusa]

Hello everybody ,
Fisr I want to Congratulate everyone that got his oath or his oath letter


I thought to share my 1447 case story with you guys, and i need some advise from the experts

I appliled for naturilazation on july 2003 and had my interview on june 2004 and my case is still pending for name check.

I filed 1447b on june 2006 and the 60 days deadline ended , the US attorney asked for 30 extension that will end 30 9/11/2006 what a lucky date

I calle the US attorney office today for any updated and his assistant said that tehy haven't heard any thing from the immigration yet and my case is still pending name check, and she added that she is not instructed to make any further contact and taht they will answer the court by the deadline.

Iam so depressed, because I did nit excpect the case to go this far . Iam so busy with my work and I do not feel that iam ready for going to court , plus the attornies I contacted about the case ask for huge fees $10,000 or more.

I do ot know what will happen next , but I will appreciate any help you guys can provide in acse this thing does nt get solve by the deadline

Thank you in advance

Said904

Don't get depressed man, some people in this forum went through things even worse, so calm down,

Most of the people in this forum are in the same boat, they work long hours, don't have time to investigate and go to court etc. .., so take it easy,

Just be prepared for the next step based on what many people in this forum went through,

I haven't seen 1447 cases being denied, only 2 cases, and the people having the problems didn't elaborate, so its not that common, what's more common is delay by AUSA/USCIS, just requiring more time, so keep your research as much as you can, read this forum, and be prepared and best of luck

LOVINGUSA

 

[jzdc]

congrats!

AUSA called me and ask me to dismiss my case, because my name check has been cleared and USCIS is ready to adjudicate my N-400 application in 14 days. It is really fast, less than 3 weeks. I am working with AUSA and will update my case ASAP.

Hi Syt, congratulations! I thought this would happen. You are so helpful here to others. You deserve it!

 

[jzdc]

good way to find out

Need Help, I'm almost set to file 1447(b) but have little confusion about "certificate of service " and "Return Of Service" I'm in Eastern Disdrict in Virginia . Please answer if anybody knows.
Thanks

I had the same question 2 days ago and didn't get any answer either. So i just went ahead to fild my case and asked the clerk in the court house. He gave me a sample/templet copy of the "Return of Service". I would guess it is different each district, just go ahead to ask the clerk in your own area, he will have to best answer for you.

 

[TheRock20148]

drgeorge !!!!

Where did you filed lawsuit? I filled in eastern district of virginia. Even yesterday AUSA called and informed me that my name check is completed from FBI. I took USCIS inifopass appointment this morning and according to USCIS my name check is still in pending.

I left message to AUSA as soon as I came out from USCIS. Lerts see what will happen. But I am so disappointed.

 

[jattindc1]

I am filling in Eastern District Virginia , Alexandria.
I talked to couple of folks who filled in EDVA and got their Naturalization succesfully.
Hopefully I will file it today, be in touch it was nice to see here somebody from the same court, your valuable suggestions are always welcome.

 

[fightback]

I saw someone posted before saying even FBI completed the name check but the local office may not have the updated info b/c the result will be sent to the CIS center. So you do not need to worry about. If AUSA told you the name check is cleared then it should be cleared. Just wait little bit time for local office to get the result. Let see what info AUSA will give to you.
Best Luck!

My 485 got approved Aug 30 before the deadline 9/11. I am very happy that this finally done.
Thanks for the publicus and all the other people. Without you, I could never ever done this! For those people filed lawsuit, keep fight for what you deserved! Best wishes to all!

Where did you filed lawsuit? I filled in eastern district of virginia. Even yesterday AUSA called and informed me that my name check is completed from FBI. I took USCIS inifopass appointment this morning and according to USCIS my name check is still in pending.

I left message to AUSA as soon as I came out from USCIS. Lerts see what will happen. But I am so disappointed.

 

[RWDW]

File 1447b case in Chicago

Hi DrGeorge,

Congratulation on your OATH & becoming USC.

On a self-fish level it is good to see that the 1447B is filed from chicago and is "resolved as per your OATH". I am also under Chicago and may have to go in 1447B route myself.

How in general you find Chicago AUSA attitude for your 1447B case ? Was it friendly and are they familair with the "namecheck and 1447b correlation" ? Are they willing to work with you to settle it before goes to judge or you had tough time ?

I hope to follow your steps soon and join you as citizen of this great nation

Humbledbychk,

I'll file a 1447b case early next week in Chicago. Will do homework during the labor day weekend. Would you please share with me some information which you asked Drgeorge above if you already got any. Thanks in advance.

 

[syt]

Do not feel that bad. I'll try to answer your question. But, I am not a legal expert and the answer may not 100% correct.

"Return of Service" is the document you need to file after the execution of summons. That is, you need to file "Return of Service" after the defendants have received summons. It is in the back of summons.

The certificate of serveice (or proof of service) is the document you write and sign in a legal format to certify to court that what and when and how you server defendents. You need to include the return receipts of certified mail.

After you server all defendents, you need to file both "return of service" and "certificate of service" together. I included an example here. I made a mistake in my case. I only filed "return of service" with the confirmation of delivery of certified mail. However, it is ok to make some mistakes in the procedure for "Pro Se", since you are not professional. Just do your best to follow the local rule of your court. If you find doing something wrong, correct it as soon as you can. It won't hurt your case.

Looks and sounds like nobody have answer to my question or just ignoring me no time and no body have answer . well Good Luck with your Journey.
Thanks

 

[jattindc1]

Syt ,
Thanks for your encouraging words. Your answer is absolutely correct, I filled the law suit today and clerk told me the same thing. I mailed the summons today hopefully everybody will be serve on Tuesday and 60 days clock starts from there.Thanks to everybody in this forum for sharing there knowledge.

 

[sanka]

My husband got naturalized yeasterday after 1.5 years of waiting. I wanted to thank you'll at this forum!!! This forum has been extremly helpful to us. Guys, you are live savers!!! THANK YOU VERY, VERY MUCH!!!

Here is the timeline -would be gald to help if any questions.

Filed 5/31 at Western District of Texas

7/25 Got contacted by US Att. saying that he wanted 30-days extension, but BC got cleared

8/3 second FP

8/15 Oath ceremony invitation

8/31 Ceremony

9/1 Dismissed the case w/o prejudice

 

[Humbledbychk]

Hi RWDW,

I will try my best to help you although I am 1 month away from filing 1447b in Chicago and have not started on it seriously.

As far as DrGeorge - I can not share his/her name or the details shared to me in PM to respect DrGeorge privacy with you.

I hope he/she will get back to you soon.

I may be helpful in other way and will try my best to assist you. PM me.

Humble

 

[drhe]

Dear all,
I have two questions to ask.
#1. There are several AUSA in the district office. The court clerk didn't assign one for me. How do I know which US Attorney I should serve?
#2. If I didn't include the US General Attorney in the defendants list, do I need to send him a copy of the summons and the complaint?

 

[ApplyInDenver]

This is what I think.

Need Help, I'm almost set to file 1447(b) but have little confusion about "certificate of service " and "Return Of Service" I'm in Eastern Disdrict in Virginia . Please answer if anybody knows.
Thanks

I thought "Return of service" is the form you return to court after you server the Sumons.
After that, everytime you file a motion or reply a motion, you also file a "certificate of service" to show you have served the defendants the same motion.( you have to send a copy to the defendants's lawyer everything you send to the court).

Hope that correct.