Bushmaster
Registered Users (C)
Pineyan3, you said "11 defenses" WOW! What are you, a terrorist suspect? *cough cough* What 11 defenses do they give an innocent hardworking immigrant for their own lame irresponsible imcompetent department?
Bushmaster said:Quick question on the topic, if I enter a lawsuit againt USCIS and file it myself and when US Atty responds with an intent to fight, can I hire a lawyer and enter him into the case right then and there?
susan ward said:Hi
Please bear with me
My husband recently passed away. My husband was the petitioner for my son and in Oct 05 we heard son had aged out of cspa
We were about to challenge the decision when husband became terminal and died withing less than 2 weeks
I am being told different things by attornies, some say case dies with husband, some say I can take over the petition and sue the USCIS/DOS
The 1-800 number told me both eg, technically case died with husband but that does not stop anyone sueing us , so sue !
But who to sue??
My current attorney say USCIS because they denied (in error) the first I 824 for son and so indirectly we would be suing the dos. Attorney said neither son or myself can sue the DOS
I am confused, does the above sound correct ??
The VO said son aged out but other attorneys say he has not, now husband died, in such a mess
Does anyone know about the other CSPA cases, eg who was sued, ???
I hope someone understands what I am saying and not confused by what I have said
Have set up help group before husband died www.expatsvoice.org to try and help others as there is no commpassionate visa for my son to extend a visa waiver and stay longer
Son had to leave US otherwise would be illegal, congressmand said go and get B visa He sent e-mail of support to American consulate in home country.
Even though son took death certificate, doctors letter about my health and also stating once son had helped me with probate Son and myself would need to return to home country for probate there also. ( Proof of return to home country) Letter of employment proof of paying all utilitiy bills, this visa was denied as son could not #Show strong family ties to home country#
Please advise if you can, I am so depressed
Regards
annat said:Again small update:
I e-mailed AUSA, just a small e-mail introducing myself and letting her know that I'll be glad to asnwer any questions and hope for any info on my case.
She e-mailed me back , reminded that goverment has 60 days for response and told that she should check on the status of my application and have more info before the end of 60 days period.
I rec-ve 3 letters today:
1) Finaly letter on my FOIPA request - No records, I do not know if I should just hold it for now, or add it to the list of evidence
2) Show Cause order - Order from judge that orders defendants to show cause within 30 days why the ct should not grant me application of naturalization by the autorization of INA
Defendants should respond to this order with a written pleading that states:
1) all reason that Planfitt's naturalization application has not been approved
2) all reasons that the ct should not approve the application immediately
3) a proposed plan for promptly deciding Plaitiff's naturalization application
3) letter from USCIA asking to come for 2nd fingerprints on 10/17/06
I'm glad that things start moving, will see what will happen next.
Again thank you all for help and support, I'm glad I found this forum!
edgrapes said:Can you tell me how long it took for you to get the reply to your FOIPA request? I sent mine almost a month ago and up to this day I haven't heard anything in response.
lkee said:Thanks for the advice and I actually sent it on to my attorney. This was the gist of what he told me:
The district courts in this area are only bound and affected by rulings from the 5th Circuit court of Appeals or the US Supreme Court. There has not been an appeal brought before the 5th Circuit, so the the district courts can basically do what they like at this point. Those districts within the juridisdiction of the 9th Circuit, however, have to fall under their ruling.
Furthermore, each judge in each district is king in his own courtroom. Hence our judge giving these rulings to us and other judges being more favorable. Very often, a judge is not even consistent with his own rulings, and you cannot hold him to anything. Also, the matter of receiving a judge is pretty much the luck of the draw. (Boo hoo for us).
The Immigration and Naturalization Act itself gives the judge the leeway to remand cases back to USCIS if he chooses - it has nothing to do with the way you may or may not have worded your case when you filed it.
Personally, I feel that the US Attorney here is also strongly motivated against these cases, and that plays into the problems we are facing.
It has truly opened my eyes to how uneven the justice system is. We all like to believe that the good guys will win every time, but when you have judges and prosecutors with personal feelings and agendas in cases like this, you are completely at their mercy. If we lived in a different part of the country, we most likely would not be facing this uphill battle. That is a pretty sobering thought.
annat said:2. NAME OF SERVER - this is me, right?
I put US Postal Service, I mailed it , I did not do it myself
IreneB said:Thank you!
But what about on the bottom - Signature of Server and Address of Server? Did you put your name and address there?
pineyan3 said:Finally, 5 days before the deadline, the US attorney answered my complaint. Basically he tried to convice the court that the case should be dismissed. I was going to file a response right away, so I called the pro se office to ask about the time line. Then I was told that actually I should not do anything yet at this moment. The judge will review his answer and decide what to do. Now, I have to wait . I am so ready for this fight. There is one thing though I am not sure. The attorney listed 11 defenses in his answer, if I file an response to that, what kind of format should I follow? Should I reply to each defense or just write up a summary? Anyone kind enough to share experiences?
BTW, aka808, did you hear anything from the US attorney?
Haddy said:Cingratulations HappyBall,
I would suggest to make 2 copies of your receipts and file 2 sets of your paperwork... I never filed any originals for the judge. I know we are suppose to file one extra copy for the honorable judge. One copy is used for court filing and records and the other one is used for judge's record and view. you can still file these receipts and in the mean while wait for the original green card... again choice is yours... or you can dismiss the complaint on bases of receiving approval notice... and if you don't receive the physical green card (I-151) you can file again... like I always say I am not a lawyer... but I will like many others will support you in your decision...
And thank you for mentioning my name in your post here... I think you meant Haddy not Hardy... May I am feeling good on behalf of someone else (Hardy)...
Good Luck and keep us posted.
PS: Please check your 'private' message.
I called the court clerk twice to check if I need to reply to USAA's answer. Both times I got ambiguous answers. I can file my reply now but I am not required to do it, because the judge is going to call a meeting between the two parties and go over stuff. She may order me to submit my reply then, or she may not. As you said, I will get everything ready, so at least there won't be any delay on my part.aka808 said:Pineyan
No reply as of yet. Today the 60 days are over. The response is standard from the AUSA, have your motion for judgement prepared, there are tons of links. I bet he quoted the Danilov defense in the motion to dismiss. This is the only case they have to hold on to. Wait for the judge to review the case, have your motion prepared, so that you can strike the blow as soon as the judge's review is done. Remember they have all the time but we don't...so they will stretch it as much as they can. What you have alleast successfully done is now initiated your name check to be processed faster, even if there is no result as of yet.
Good luck let me know. As soon as i find out something i will post it.
IreneB said:Hi, all! I am also in the middle of filing my proof of service. Do I need to wait for the return receipts? I though certified mail receipts were enough.
I cannot make sure just certified receipts are enough, this depend on the local rule. If you check USPS online, it was deliveried, you can print out or go to post office to ask them print out the delivery information. Most court accept this. (post office print out one is a little different than the one you saw from USPS website. They have the reciever sign the name on it.)
Does anyone have an example of how to fill out that RETURN OF SERVICE form? Especially someone in MA?
Also, do I need to send the copies of Return of Service to U.S. Attorney?
Yes, you need send DA a copy of any documents you filed to the court!
Thanks!