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

Good luck....

pineyan3 said:
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.

The court clerks are not that helpful when it comes to Pro Se. The pro se office, at-times, has good assistance, other times they are just answering the phones.
There is no harm in filing it does not hurt the case at all. Keep me posted
Good luck!!!!!
 
aka808 said:
The court clerks are not that helpful when it comes to Pro Se. The pro se office, at-times, has good assistance, other times they are just answering the phones.
There is no harm in filing it does not hurt the case at all. Keep me posted
Good luck!!!!!

Do not look for the court clerk for a legal advice, they are not suppose to tell you whether you should file or not.

I know in my case, my lawyers filed answers almost immidetly after any filing done by the US attorney.

Good luck
 
Update on my case

I called the AUSA who is assigned to my case. She was willing to talk but sounded kind of bewildered by the fact that I called. I told her that at this time I just want to introduce myself and to know if she will be fine if I emailed her or called her.

She took my contact details and gave hers. She told me that she appreciates me contacting her. However, she has not looked at my case yet as she is having many others as well. She told me that she might be replying only in November.

Does it mean that she is not going to persuade USCIS to get my AOS completed? It appeared that she is almost decided either to dismiss the case or to file for extension. I guess, I will just be patient and wait for 60 days to be over. Any opinions or suggestions?
 
happyball said:
Dear all,

I am a new face here but I am already one of the beneficiaries of this forum. Both me and my husband got the GC ordered email on 09/27, got the approval notice mailed email on 09/28 and received the approved notice today (09/30). We filed WOM together on 08/30.

First of all I would thank this wonderful forum and all the friends around here for sharing the courage, the knowledge and the experience. Special thanks to the big heroes in this forum, Rahul, Publicus, Suzy, Mohamedmohamed et al, start and provide the great idea here including the details of each steps to make the happiness for yourself and in the mean time to pass the happiness to more and more peoples and families. Also many thanks to Haddy, Mr. LA, Buggin… for contributing and sharing more information and experience in this forum. Haddy and Mr. LA are probably still on the fighting road, I wish you two all the best to hear your victory news very soon. I pay my highest respect to all of your spirit fighting for your rights! Without all of these, I with my husband would be still in the indefinitely waiting.

I would like to share my experience here, just want to give some feelings and signals to anyone who is thinking or preparing lawsuit recently.

I start my and my husband’s GC application journey since 03/08/04. I-485 filed with my husband at USCIS CSC on 01/07/05. Our name check stuck in FBI since 01/22/05. Since July 2005, I did many emails, mails inquiry to USCIS CSC and FBI, ask Senator and Congresswomen’s assistance, FBI FOIFA request, wrote expedite request letter to First Lady , Mr. Michael A. Cannon and USCIS CSC. But still no any update for my and my husband’s I-485 since our first FP taken at March, 2005. About two months ago I heard about the lawsuit and this forum and my husband also suggest me to prepare lawsuit. But I didn’t listen to his words and my first thought in my head at that time is “Oh, No, I can’t. It’s is too complex! I cannot handle it”. But after through all the above processes, I feel all those requests and inquiries are not much helpful to push our cases ahead and let me feel very sad about the stuck of name check. I don’t know how long we will be waiting. About one month ago a friend of mine told me she was reading the posts in this forum and feel very exciting for the victory of the lawsuit case and encouraged me to do it as soon as possible. This makes me feel some hope ahead. So I told my husband I deicide to do some study first and then get a lawyer to do the lawsuit. My husband “joke” me that my friend’s word is more important than his because I didn’t listen to him two months ago. But he is still happy due to I change my mind and decide to do this. My husband is a smart husband. He told me he trusts me I can handle all the stuffs for lawsuit and this also gave me some pressure to work hard in this forum. Since August 15, I took about 5 hours a day for a week to read this forum from first page first post. After I finish 60 pages reading, I think I can file the lawsuit by myself and start to write the complaint. After finish 100 pages reading, I filed the WOM to the Court(on 08/28 I went to local office to ask, the officer told me both I and my husband's name check are still pending and our cases are still pending in USCIS CSC, so I decide to file a joint WOM together with my husband and put the director of USCIS CSC as one of the defandent too). After filed the WOM, I continue the reading in this thread. And in the meantime I saw the dramatic change is happening for my and my husband's case as shown in my signature.

Maybe there is a little luck in our case and probably our name check almost near to the final stage when i filed WOS. But you still can see from my timeline how fast the USCIS can work with if they have to.

Good luck, all the friends! I wish all of you all the best in your road to VICTORY!

Hello happyball,

Cingratulations to you and all your family, and i wish you the best to you and all your family too....
 
deadlines

pineyan3 said:
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.

Did the AUSA file a motion as a reply to your case?
if does, check with your local rules!
A lot of districts has 20 days to reply to a motion and 15 or 20 days to reply to a reply, make sure you don't over run the limit if you plan to answer.

Good luck.
 
not motion, just answer

ApplyInDenver said:
Did the AUSA file a motion as a reply to your case?
if does, check with your local rules!
A lot of districts has 20 days to reply to a motion and 15 or 20 days to reply to a reply, make sure you don't over run the limit if you plan to answer.

Good luck.
USAA just filed an answer, not a motion yet. Even for opposing motion, SDNY local rules say "bring or mail the original papers to the Pro Se Office at least ten business days after service of the moving papers". I think it means that I have to wait for 10 days before sending them my reply, am I correct? I felt like an idiot when reading all these legal documents :confused:.
Thanks for the reminder, ApplyInDenver.
BTW, does anyone have the full version of WIC? The one I downloaded has only 4 pages, instead of the 14 pages. Thank you.
 
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sample of summons for the United States for the United States Attorney

Can someone post a sample of summons of 1447 case for for the United States Attorney and/or the Attorney General?
It looks like form AO 440 is for the defendants only
TO: (Name and address of defendant)

Or I missed something?
Thanks a lot
 
what is WIC? I found it quoted many times before.

pineyan3 said:
USAA just filed an answer, not a motion yet. Even for opposing motion, SDNY local rules say "bring or mail the original papers to the Pro Se Office at least ten business days after service of the moving papers". I think it means that I have to wait for 10 days before sending them my reply, am I correct? I felt like an idiot when reading all these legal documents :confused:.
Thanks for the reminder, ApplyInDenver.
BTW, does anyone have the full version of WIC? The one I downloaded has only 4 pages, instead of the 14 pages. Thank you.
 
What is going on ?? Has anybody heard about this !!

After I filed the lawsuit early September, couple of weeks ago I got an email and a call from AUSA that my case has been approved and I have to dismiss it. A day later joint stipulation of dismissal was also filed in the court stating that CIS has granted my application. Cases was dismissed last week and almost immediately AUSA informed CIS to schedule oath and copying me on all the communication.

Today I went to Boston CIS to check if oath letter has been issued or not (because in Boston they issue the oath immediately after interview). I made an infopass appt and came across a rude immigration officer, who said that my file is with the supervisor and no decision has been made. He was not will to answer anything after that.

What does that mean now?? :mad:
 
oblomov said:
Can someone post a sample of summons of 1447 case for for the United States Attorney and/or the Attorney General?
It looks like form AO 440 is for the defendants only
TO: (Name and address of defendant)

Or I missed something?
Thanks a lot

I don't think you need a separate summons for U.S. Attorney. You just give them copies of your summons for the defendants. That's what I did anyways. Correct me if I'm wrong.
 
boston_case said:
Today I went to Boston CIS to check if oath letter has been issued or not (because in Boston they issue the oath immediately after interview). I made an infopass appt and came across a rude immigration officer, who said that my file is with the supervisor and no decision has been made. He was not will to answer anything after that.

What does that mean now?? :mad:

Hi Boston_case,
Sorry you still have to deal with those people. Although, I would thinnk it's a good sign. If your file is with the supervisor, it means they are working on it, doesn't it?
 
I-485 case Approved

On Oct'02 my and my wife's I485 cases were Approved. I filed WOM on 3rd July. Visa number's were not available at that time and AUSA asked for a 60 day extension. Visa nos were available on 1st Oct and the cases were Approved 1st working day..

My sincere thanks to Publics, Rahul and the member's of this forum. I could not have done w/o the wealth of informtion provided in this forum. I wish I had taken this step 2 years before.. Let me know if I can contribute in any way to this forum.

--Samson
 
olegb said:
I have a couple of questions for you, guys. I am planning to file a lawsuit under 1447(b) and there are a couple of things that I don't understand. First, do I file a petition first and then serve the summons to defendants, or do I have to do it at the same time? Also, the whole process of serving summons is unclear to me. What do I need to send them? My petition? anything else? Or do I wait for Court's order? What have you done? Please let me know.

Hi Oleg,

I am new to this myself, but here is what I learned so far. You write a petition and fill out the summons, one for each defendant. Then you go to civil court clerk, give them you petition + cover + all summons. They assign you a case number, sign and seal your summons, and give them back to you. You make copies of all summons and you complaint, and send a copy (complaint+summons) to each defendant. You also send a copy of your complaint and copies of all your summons to U.S. Attorney and Attorney general. Then you wait for the return receipts, fill out the Return of Service forms, and send the original summons along with return of service to the court.
Please, someone correct me if I'm wrong!

Good luck!
 
boston_case said:
After I filed the lawsuit early September, couple of weeks ago I got an email and a call from AUSA that my case has been approved and I have to dismiss it. A day later joint stipulation of dismissal was also filed in the court stating that CIS has granted my application. Cases was dismissed last week and almost immediately AUSA informed CIS to schedule oath and copying me on all the communication.

Today I went to Boston CIS to check if oath letter has been issued or not (because in Boston they issue the oath immediately after interview). I made an infopass appt and came across a rude immigration officer, who said that my file is with the supervisor and no decision has been made. He was not will to answer anything after that.

What does that mean now?? :mad:
Forget about the infopass. Just call the AUSA and have him/her get everything for you.
 
I got a reply from U.S. attorney today, please adivise, thanks

Today is the due date of my case. I called the U.S. attorney, and she called me back. She said my application is approved, but the words she used in her email is confusing:

Your application for naturalization has been approved.?You are scheduled for a final hearing on November 17, 2006.?Notice of the hearing will not go out for about 3 weeks.?Please advise, as soon as possible, if you are now willing to dismiss your lawsuit, our answer is due today.?I would be happy to fax you a copy of your application showing the approval stamp.

Our conversation is quite happy, she seems relieved too. I asks her to send the copy via mail. She said she has ten days extension to wait for my final decision. I told her as long as I got the mail and make sure my case is approved, I will drop my case soon

My question is:
They use "final hearing" instead of oath ceremony. Please give me some advices. Thank you very much.
 
boston-case,

do not get discouraged. We come across rude
peope every day. I believe your case will be
finalized - just matter of days.
boston_case said:
After I filed the lawsuit early September, couple of weeks ago I got an email and a call from AUSA that my case has been approved and I have to dismiss it. A day later joint stipulation of dismissal was also filed in the court stating that CIS has granted my application. Cases was dismissed last week and almost immediately AUSA informed CIS to schedule oath and copying me on all the communication.

Today I went to Boston CIS to check if oath letter has been issued or not (because in Boston they issue the oath immediately after interview). I made an infopass appt and came across a rude immigration officer, who said that my file is with the supervisor and no decision has been made. He was not will to answer anything after that.

What does that mean now?? :mad:
 
congratulations

dispressmom said:
Today is the due date of my case. I called the U.S. attorney, and she called me back. She said my application is approved, but the words she used in her email is confusing:

Your application for naturalization has been approved.?You are scheduled for a final hearing on November 17, 2006.?Notice of the hearing will not go out for about 3 weeks.?Please advise, as soon as possible, if you are now willing to dismiss your lawsuit, our answer is due today.?I would be happy to fax you a copy of your application showing the approval stamp.

Our conversation is quite happy, she seems relieved too. I asks her to send the copy via mail. She said she has ten days extension to wait for my final decision. I told her as long as I got the mail and make sure my case is approved, I will drop my case soon

My question is:
They use "final hearing" instead of oath ceremony. Please give me some advices. Thank you very much.

Since your AUSA is so nice and cooperative, why don't you call her and ask her? I thin she means that the hearing for you lawsuit was scheduled prior to the approval of your case and now that the case is approved you need to cancel the hearing and dismiss the case but that's only my opinion. Again I would call her and ask her.
 
rob waiter said:
what is WIC? I found it quoted many times before.
The full name is "USCIS report to the WIC", basically the goverment admits that there are many delayed name checks, so people use it to argue with USAA who always deny such allegations. Just my 2 cents.
 
boston_case said:
After I filed the lawsuit early September, couple of weeks ago I got an email and a call from AUSA that my case has been approved and I have to dismiss it. A day later joint stipulation of dismissal was also filed in the court stating that CIS has granted my application. Cases was dismissed last week and almost immediately AUSA informed CIS to schedule oath and copying me on all the communication.

Today I went to Boston CIS to check if oath letter has been issued or not (because in Boston they issue the oath immediately after interview). I made an infopass appt and came across a rude immigration officer, who said that my file is with the supervisor and no decision has been made. He was not will to answer anything after that.

What does that mean now?? :mad:
boston_case,
I dont think you should sweat on this.
But did you put "dismissal without prejudice" in your dismissal? If so you can re-open the case without starting the whole process over.
But I just think its just a rude officer, with a bad hangover, or the spouse beat him up the night before :D
 
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