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

N-400 Interview

I heard that USCIS no longer interview applicants for N-400 before their name check is cleared so they dont get sued after their 120-day law limit to answer the applicant. Does anyone knows about this? If the USCIS has changed that policy to eliminate lawsuits? PLEASE HELP
 
SHAFFI said:
I heard that USCIS no longer interview applicants for N-400 before their name check is cleared so they dont get sued after their 120-day law limit to answer the applicant. Does anyone knows about this? If the USCIS has changed that policy to eliminate lawsuits? PLEASE HELP
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Hello Shaffi,

I hope this can help.....

I wish you and everyone else the best ...
 
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Thank you Mr.LA, that was helpful. It did say in the letter that they are doing it but it is not in effect as of yet. Hopfully I will get my interview letter soon.
 
Notice, Consent and Order of Reference

Two days after filing, I rceived the attached letter from the court's clerk. I have very little idea what it means and what my action should be.

It would be great if anyone with similar experience may guide me.

Notice tells me that, "a US magistrate joudge of the district court is available. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all the parties voluntarily consent"

1. What do I do? Should I consent or not? What would be default if I ignore?

2. How do I get consent from all parties (all defendents I guess) even if I want to consent?

Pls help. Should I talk to the clerk?
 
Urgent

Hi everybody:

Can you guys tell me whether the "WRIT of MANDAMUS" can be filed for consular processing of the greencards. If so who would be the defendents? Thanks a lot.
 
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memme said:
Two days after filing, I rceived the attached letter from the court's clerk. I have very little idea what it means and what my action should be.

It would be great if anyone with similar experience may guide me.

Notice tells me that, "a US magistrate joudge of the district court is available. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all the parties voluntarily consent"

1. What do I do? Should I consent or not? What would be default if I ignore?

2. How do I get consent from all parties (all defendents I guess) even if I want to consent?

Pls help. Should I talk to the clerk?
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this looks weired:
1- Did you speak to the clerk?

2- Are you sure you didn't make a mistake? as Pro*se, many filers make mistakes ..

3- Are you sure the court didn't make a mistake? they are human, remember ?

I read about so many success stories in this forum, but its my first time to see this ..

Best of luck memme
 
I Got It

This morning I got a call from USCIS that my application is approved and they are ready to move forward for oath , they faxed me the oath letter and it's today. I don't know this is because of filing lawsuit or just routine ,I did not received any call from Ausa. Many thanks to Publicus, Rahul,Mr LA , Syt, Legalalien list is too long ,I mean everybody is very helpfull in this forum I spent lot of time here for preparing my case and in my depressed times. I'll be Proud American Citizen today onwards.
 
Hi jatt!

Congratulations!! Well deserved. It could very well be that yours cleared the normal way; not affected by the lawsuit. I am still cautiously optimistic that I will be as lucky. If not, I will file on or around October 25th.

Best wishes,
Legal

jattindc1 said:
This morning I got a call from USCIS that my application is approved and they are ready to move forward for oath , they faxed me the oath letter and it's today. I don't know this is because of filing lawsuit or just routine ,I did not received any call from Ausa. Many thanks to Publicus, Rahul,Mr LA , Syt, Legalalien list is too long ,I mean everybody is very helpfull in this forum I spent lot of time here for preparing my case and in my depressed times. I'll be Proud American Citizen today onwards.
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jattindc1 said:
This morning I got a call from USCIS that my application is approved and they are ready to move forward for oath , they faxed me the oath letter and it's today. I don't know this is because of filing lawsuit or just routine ,I did not received any call from Ausa. Many thanks to Publicus, Rahul,Mr LA , Syt, Legalalien list is too long ,I mean everybody is very helpfull in this forum I spent lot of time here for preparing my case and in my depressed times. I'll be Proud American Citizen today onwards.
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Congratulations :)

and i wish you all the best :)
 
Quick question for Mr LA

I got the faxed oath letter they have mentioned to bring the Permanent Alien Registration Card , reentry permit, any immigration documents you have and MANDUMUS. Please tell me if you know anything about it. Is it something to withdraw the case ? I am confused.
 
jattindc1 said:
I got the faxed oath letter they have mentioned to bring the Permanent Alien Registration Card , reentry permit, any immigration documents you have and MANDUMUS. Please tell me if you know anything about it. Is it something to withdraw the case ? I am confused.
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I don’t know about this one, forgive me please
 
Might be a good thing

memme said:
Two days after filing, I rceived the attached letter from the court's clerk. I have very little idea what it means and what my action should be.

It would be great if anyone with similar experience may guide me.

Notice tells me that, "a US magistrate joudge of the district court is available. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all the parties voluntarily consent"

1. What do I do? Should I consent or not? What would be default if I ignore?

2. How do I get consent from all parties (all defendents I guess) even if I want to consent?

Pls help. Should I talk to the clerk?
Click to expand...

This might be a good thing. This means that the court is considering assigning a magistrate judge to handle the case. But the rules are, unless all the parties (plaintiffs and defendants) consent on this, this will not happen. All the parties have to consent and then the magistrate judge will be acting just like a judge and make all the rulings.
You only need to send your consent. The defendants will get their own notice and decide if they will agree on this.
 
Congradulations

jattindc1 said:
I got the faxed oath letter they have mentioned to bring the Permanent Alien Registration Card , reentry permit, any immigration documents you have and MANDUMUS. Please tell me if you know anything about it. Is it something to withdraw the case ? I am confused.
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Good job. You deserve it :p

I don't think FBI name check was done due to the law suit, but for USCIS to schedule Oath so quick, that must have something to do with it. Usually they will schedule the Oath to the next available date, say next month.

Just bring everything they ask for. Basiclly you will hand over your Greencard and other immigration documents/identifications since they are no longer valid. I am not sure what they want to do with the Mandumus document, but the case will have to be dismissed anyway. Usually the AUSA will have the stipulation of Motion to dismiss and all you have to do is agree with it. Maybe
they already have an agreement waiting for you to sign :)
 
ApplyInDenver said:
This might be a good thing. This means that the court is considering assigning a magistrate judge to handle the case. But the rules are, unless all the parties (plaintiffs and defendants) consent on this, this will not happen. All the parties have to consent and then the magistrate judge will be acting just like a judge and make all the rulings.
You only need to send your consent. The defendants will get their own notice and decide if they will agree on this.
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Thanks for the reply. Would you know what difference it makes to have a Majistrate judge rather than just a Judge?

If I ignore, would it be construed as decline to consent?
 
memme said:
Thanks for the reply. Would you know what difference it makes to have a Majistrate judge rather than just a Judge?


Personally, I don't think there is any differance in our case.

MAGISTRATE JUDGES - Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.



If I ignore, would it be construed as decline to consent?
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you are right, and you are free to do so

FRCP Rule 73. Magistrate Judges; Trial by Consent and Appeal Options

(a) Powers; Procedure.
A record of the proceedings shall be made in accordance with the requirements of Title 28, U.S.C. § 636(c)(5).


A district judge, magistrate judge, or other court official may again advise the parties of the availability of the magistrate judge, but, in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. A district judge or magistrate judge shall not be informed of a party's response to the clerk's notification, unless all parties have consented to the referral of the matter to a magistrate judge.

The district judge, for good cause shown on the judge's own initiative, or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter to a magistrate judge under this subdivision.

(c) Appeal.
In accordance with Title 28, U.S.C. § 636(c)(3), appeal from a judgment entered upon direction of a magistrate judge in proceedings under this rule will lie to the court of appeals as it would from a judgment of the district court.
 
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Rule 16 Conference

all the experts, a bit of help here would be appreciated:

the AUSA has sent the judge a letter, asking for a Rule 16 conference. He has asked the judge to "either dismiss, or remand the case to USCIS". He has also mentioned in teh letter that USCIS has said that they will process my case in 14 days, once the case has been remanded to them. But also, that i have to dismiss the case, prior to USCIS processing my N400 case.

while i wait for the judge to schedule a rule 16 conference, can anyone tell me what my options are? the AUSA seems like a very very nice person, but i also know he's representing the defendants...

thanks everyone
 
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pdxkaz said:
all the experts, a bit of help here would be appreciated:

the AUSA has sent the judge a letter, asking for a Rule 16 conference. He has asked the judge to "either dismiss, or remand the case to USCIS". He has also mentioned in teh letter that USCIS has said that they will process my case in 14 days, once the case has been remanded to them. But also, that i have to dismiss the case, prior to USCIS processing my N400 case.

while i wait for the judge to schedule a rule 16 conference, can anyone tell me what my options are? the AUSA seems like a very very nice person, but i also know he's representing the defendants...

thanks everyone
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Hello,

That is what I can help you with http://www.law.cornell.edu/rules/frcrmp/Rule16.htm
AUSA is defendants lawyer I agree with you, but they know what the USCIS doing is wrong, and they try to help you in anyway they can + they know that the judge will NOT sided them, so trust me, they know the law better then you and I.

I wish you the best and my self and everyone else
 
pdxkaz said:
all the experts, a bit of help here would be appreciated:

the AUSA has sent the judge a letter, asking for a Rule 16 conference. He has asked the judge to "either dismiss, or remand the case to USCIS". He has also mentioned in teh letter that USCIS has said that they will process my case in 14 days, once the case has been remanded to them. But also, that i have to dismiss the case, prior to USCIS processing my N400 case.

while i wait for the judge to schedule a rule 16 conference, can anyone tell me what my options are? the AUSA seems like a very very nice person, but i also know he's representing the defendants...

thanks everyone
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Dear PDXKAZ,

I admire you filing your case. I have said this before and will say it again. You don't have to dismiss your case in order for USCIS to process your application. Instead give them 14 day extension. Also try to get a letter from USCIS stating that your case is approved and will be called for Aot within 14 days. You can put this in your reply to court too. If you see some pages back I think some one else asked the same question too... and Good Luck and Congratulations... like Mr. LA said seems AUSA is trying to help you...
 
Joint status report

Hi Everyone,
Do we have any examples of Joint status report and discovery plan in this thread.We (me & Ausa) have to file on Monday.I just want to be prepared what to expect from the AUSA and what my response should be.
Thanks in advance.
 
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