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

[milena]

I would be really careful with this advise. If USCIS or the court finds out this trick, you will be in big trouble. In my opinion, you will not only jeopardize your lawsuit but also risk a denial of your N-400 application and possibly other criminal charges trying to deceive a federal court.

Your case is already recorded with the Office of the General Counsel at USCIS. If the same name&alien number showes up in an other lawsuit filed in a different district court, what do you think what will be the first instruction received by the new AUSA from the Office of General Counsel? Challenge Plaintiff's residency and ask for proof. You will be busted no time.

Or maybe I just imagine that the Office of General Counsel at USCIS is working so effectively that they track all these cases and check against the previously filed cases. Maybe it is unlikely, but I certainly wouldn't call the probability of this zero. But as it is stated at the beginning of this forum, use all the information (and I would add, advice) to your own risk. It's your call, it's your skin...

Don't be a fear monger, you are not deceiving the courts, you can have dual residences for mailing purpose and there is no reason you can not move to an
easier district to have your case heard than wait for a long appeal process or an court battle. By the way who died and made you king on this forum. If you wish to practice law go get an law degree and pass the bar. I filed as pro se and won my case in a very difficult jurisdiction where many have given up hope. You are not the defacto standard of info on this forum, to be successful with the government
you also have to be nimble and out fox them. The ombudsman letter is a little over the top. Most people in here really want the basic and win there case. They should keep their petition format simple. KISS...keep it simple and stupid.
You will be surprise how successful that can be. Again everyone is adult here and understand the info provided are use at your own risk and must verified the facts.

 

[milena]

congrat!

You can update my information: oath date - 11/08/06

 

[paz1960]

Don't be a fear monger, you are not deceiving the courts, you can have dual residences for mailing purpose and there is no reason you can not move to an
easier district to have your case heard than wait for a long appeal process or an court battle. By the way who died and made you king on this forum. If you wish to practice law go get an law degree and pass the bar. I filed as pro se and won my case in a very difficult jurisdiction where many have given up hope. You are not the defacto standard of info on this forum, to be successful with the government
you also have to be nimble and out fox them. The ombudsman letter is a little over the top. Most people in here really want the basic and win there case. They should keep their petition format simple. KISS...keep it simple and stupid.
You will be surprise how successful that can be. Again everyone is adult here and understand the info provided are use at your own risk and must verified the facts.

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

 

[milena]

No personal attack

Everyone in this forum is looking for an answers to solve their particular legal situation, sometime the answers from others may sound unconventional and out of the box but that may very well solve their predicament. Many are afraid of the government action and inaction, so scaring others or adding complex issues only complicates it for others, especially if you are not a expert or beginner is not wise on this forum. You do put up good info and keep up the good work but should not discourage others from making helpful suggestions. In the end everyone wins with more info and it up to each individual to check the facts out to win their case or seek out expert advise.

 

[junhuaw]

The magic email

Finally I received the magic email, 10 of them, after almost 3 years of waiting (just one week off)...

First I want say a BIG THANK YOU to Haddy, Paz1960, 786riz, frankxie, jzdc, and many others on this forum. Needless to say, without you guys, without this forum, I wouldn't have the knowledge or courage to file a case against goverment agencies.

I have not filed my certificate of services on the summons yet, and probably do not need to do it any more. I probably will follow the case dismissal sample on this thread.

Regarding the LPR dates, have anybody got their dates adjusted successfully?

Good luck to all those who are still fighting! The day will come, soon!

To jzdc: I think your I-485 is also near approval. They are just buying time since I don't see any concrete reasons in their answers why they should not adjudicate your case. For those who really had an issue with their case (say convictions), they will list the reason why they need to take further investigation. That's what I have seen on those cases.

 

[happyball]

Congratulations!

Finally I received the magic email, 10 of them, after almost 3 years of waiting (just one week off)...

First I want say a BIG THANK YOU to Haddy, Paz1960, 786riz, frankxie, jzdc, and many others on this forum. Needless to say, without you guys, without this forum, I wouldn't have the knowledge or courage to file a case against goverment agencies.

I have not filed my certificate of services on the summons yet, and probably do not need to do it any more. I probably will follow the case dismissal sample on this thread.

Regarding the LPR dates, have anybody got their dates adjusted successfully?

Good luck to all those who are still fighting! The day will come, soon!

To jzdc: I think your I-485 is also near approval. They are just buying time since I don't see any concrete reasons in their answers why they should not adjudicate your case. For those who really had an issue with their case (say convictions), they will list the reason why they need to take further investigation. That's what I have seen on those cases.

Hi, Junhuaw

Conragtulations! And enjoy your victory!

One thing need remind you: If you plan to dismiss your case by yourself, you need ask your court clerk or the AUSA asigned to your case to get some information about motion to dismiss by plaintiff. I just find out there are some local rules there! If you plan to file a joint dismissal with AUSA, you should contact AUSA.


Best wishes!

 

[junhuaw]

Paz1960:

I am really happy that you are on this forum and I have enjoyed reading your posts. Your posts are factual, with good reasoning and analysis, and you are very helpful. For one thing, I myself could not read all those law articles, but you did! I view your opinions very valueable and informative. Please continue to do so! And good luck to your case!

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

 

[junhuaw]

Thanks happyball! I will follow your advice to contact my court clerk. I probably will wait a while until I get the real card though

Hi, Junhuaw

Conragtulations! And enjoy your victory!

One thing need remind you: If you plan to dismiss your case by yourself, you need ask your court clerk or the AUSA asigned to your case to get some information about motion to dismiss by plaintiff. I just find out there are some local rules there! If you plan to file a joint dismissal with AUSA, you should contact AUSA.


Best wishes!

 

[maryvams]

paz1960 Please continue your excellent work

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

Just because someone tells something that should not discourage you from your posts. Everone has a right to have an opinion and let them have it. Please do continue your very informative and excellent work. IT will be a huge disservice if you stop from writing your posts. Please take the negative comments from anyone regarding your posts go by and continue with your analysis. The land of the free allows everyone to say what they want and if you resign because of that then it will be difficult to live here.

You are one of the heroes of this board and thread like ALL the other people who share their knowledge and God will bless you for all the good that you are doing.

 

[rob waiter]

my update

I sent an email to my AUSA last Friday querying the update
of my case.

I just got a message back saying that my case has been cleared
and I will be sworn on 12/6.

the next step is to remand the case back to uscis.
the draft stipulation says we "jointly move this Honorable Court to remand this matter to the United States Citizenship and Immigration Services (“USCIS”)
up to and including December 6, 2006."

will this dismissal be good from your points of view??
please advise.

 

[786riz]

Hi paz,
Sorry for what, this is an open forum and everybody have right to give their opinion, and that’s what you did; now it is up to the person to decide. You are not forcing people to listen to you and do what you are saying.
I am agreeing with you that just having a PO Box to show residency is not a good idea. But I do not know by law where this stands.
So, please do not stop and keep posting with the same frequency.
As before, I always read your posts.
Thank you.

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

 

[DelightFish]

Hi paz1960,

Nothing else. Just want to show my support to you. We need you to be here to post as the same frequency as before. A lot of us benefit from your posts.

Thanks

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

 

[hayyyoot]

Proper dismissal

Rob;
I will recommend that they add that parties are moving jointly to dismiss because teh USCIS is ready to adjudicate the case, and teh oath ceremony is scheduled on....
You don't have to beleive what teh AUSA tells you.
Good luck.

I sent an email to my AUSA last Friday querying the update
of my case.

I just got a message back saying that my case has been cleared
and I will be sworn on 12/6.

the next step is to remand the case back to uscis.
the draft stipulation says we "jointly move this Honorable Court to remand this matter to the United States Citizenship and Immigration Services (“USCIS”)
up to and including December 6, 2006."

will this dismissal be good from your points of view??
please advise.

 

[hayyyoot]

Please keep posting

Dear Paz;
I have learned a lot from you, please please keep the postings going, anybody who doesn't like em shouldn't read them or follow them.

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

 

[786riz]

Sample letter to USCIS of intent to file suit

Hi Amol,
My apology some how I have deleted your email. Find the attached letter that you asked for, letter is for 1447b filing, and you need to make some changes to it for WOM. Please note that I am not the author of this letter, I have also copied from this forum. Feel free contact me if you need any other help in this regard.
Thank you.

 

[zenusa]

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

Paz,

Please don’t stop posting, we need you here. You have been very helpful to many us and your effort to find the right answers for some of us who don’t even know where to look for is admirable. As someone said, you are not forcing anyone to take your advice. I think we should look at every angle before we proceed with what ever that we want to do. Better safe than sorry. Your help is needed here.

 

[Haddy]

Dear Rob Waiter

I sent an email to my AUSA last Friday querying the update
of my case.

I just got a message back saying that my case has been cleared
and I will be sworn on 12/6.

the next step is to remand the case back to uscis.
the draft stipulation says we "jointly move this Honorable Court to remand this matter to the United States Citizenship and Immigration Services (“USCIS”)
up to and including December 6, 2006."

will this dismissal be good from your points of view??
please advise.

Dear Rob Waiter,

First of all CONGRATULATIONS!!! You made it and successfully proved yourself... I am sure you are aware from the previous discussions that we like to see the proof before you agree on dismissing the case by remanding it to USCIS... Ask for the Approval Notice and the Oat Ceremony Letter... Then after you have every thing in your hand you have 2 choices...

1) Stating without prejudice that if USCIS does not complete the Oath Ceremony by 12/06/2006 the Plaintiff will continue with his/her Complint in the court.

2) Plaintiff is willing to request extension to the Defendants until December 6, 2006. Once the Plaintiff's Oath Ceremony is done, The plaintiff will dismiss its case with the court. (THIS ONE IS MORE RECOMMENDED)... I am sure you remember that Defendants do not need your case to be dismissed to finish you Aoth ceremony... we have tons of cases on this forum where they got their oath ceremonies done and then they dismissed their cases... My personal idea is to just avoid dismissing until Oath ceremony is done... but as I have stated earlier... try to first get proof of Approval and the Aoth Ceremony notice in your hand and do not inform AUSA about your plan what you would like to do about your case... tell AUSA that once you have proof in your hand then you can think about your and get back with him/her with your decision... but untill I have my approval/aoth ceremony notices in my hand I am not going to be willing to discuss anything to dismiss my case...

Again this is just a friendly note... I am not a lawyer... Decision is yours...

 

[Haddy]

Dear Paz

I am really sorry if I offended anybody on this forum with my postings. I certainly didn't do it with intention as well as I didn't try to pretend that I am the king of this forum or I am the de facto standard of info. Probably it will be better if I post less frequently here. Doesn't matter what was my intention and how I feel, if this is what went through, I better should shut up and think about this.

Dear Paz

I am out of touch but I read your response... hey buddy we are fighting againt the USCIS Administrative Failure... we are not fighting with each other... don't worry... Ii am sure you and every one else on this forum will understand that this is one forum where we express our emotions and within those emotions want every one to win their cases... so what is our goal... to help our friends to WIN... soooo... we should remember we are not here to hurt any one... Dear Paz you are very mature... I am sure you would understand what happened here... so don't worry buddy... just keep it up... you are a very friendly person including every one else... I went thru the same feelings here in this forum with some people... I used to think I am not very knowledgable and mainly due to my English being not very fluent and clear I used to think I some times don't present my idea clear enough which gives other people idea that either I am rude or i am nuts... ))

what I am trying to say and what I have learned from this forum and other chat sites... that written chatting and communication can never be exact representation of what we try to express because different people at their different moments in their lives can take same thing in different ways... so ALL my BUDDIES on this forum.. .we should try to focus on eachother WINNING not hurting eachother feelings...

Man... this forum is growing so fast with in last 20 days 36 pages on this forum... I am missing a lot... I will have to one day sit and read all and catch up... PLEASE ALL BE HAPPY AND ENJOY BEING LUCKY ONES TO FIND THIS FORUM AND BEING ABLE TO HELP EACH OTHER... AND I PERSONALLY APOLOGIZE MYSELF TOO IF I HURT ANYONE UNINTENTIONALLY... I AM NOT GOOD IN EXPRESSING MY SELF... SO NOW HERE YOU GO FLOOR BACK TO MY FRIENDS AND ENJOY HELPING EACHOTHER...

 

[BosN400]

Email from AUSA assistant

Sorry, the last post messed up with the quoted email in yellow. Here is the copy:
------------------------------
Congratulations to you, Rob_Waiter!

At least you are one step closer than I am, although we filed almost at the same time.


Today (Nov 06, 2006) I received an email from Assistant United States Attorney (quoted below):

"I am the Assistant United States Attorney assigned to defend the United States in this matter and I write to discuss a possible resolution of your claim. I am informed by CIS that your application for naturalization would be approved by CIS if the matter is remanded to the agency.

In the past, I have filed agreements with Plaintiffs that the matter would be remanded for sixty days, and if the United States has not filed a Notice with the Court that you have been naturalized within sixty days, the agreement would provide that the case would automatically be restored to the Court' Docket.

Please let me know if you would agree to remand to Citizenship and Immigration Services on these conditions, that is, on the condition that you be naturalized and given the oath of citizenship within 60 days. "

His email is kind of vague as to when the 60 day will actually begin. Also, sounds like there is a chance that a 60-day extension will not guarantee the approval, and therefore, this process will go back to the court again and with another 60 days (hinted here) ?

I am not sure whether I need to reply to his email and how to reply. Welcome any suggestions.

BosN400.
------------Case info.------Boston --------------------------
N400 Submitted: Dec. 29, 2005
FP: Jan 20, 2006
Interview Date: May 15, 2006 (after a reschedule)
-----Passed all but pending Background Check----
1447B filed: October 3, 2006 (AUSA received October 5)
--------------------------------------------------------------

 

[rob waiter]

bosn400,
thanks. and congrats on you too.
I guess what your AUSA hinted is that
your name check has been cleared and
the CIS is ready to grant your application.

you may want to check with the
AUSA
(1) whether your name check is done
(2) if the 60 days begin since the
remand of your case back to CIS

maybe the others can weigh in. I am glad
to see Boston court is n400-friendly and wish
every one well no matter where your district is.

Sorry, the last post messed up with the quoted email in yellow. Here is the copy:
------------------------------
Congratulations to you, Rob_Waiter!

At least you are one step closer than I am, although we filed almost at the same time.


Today (Nov 06, 2006) I received an email from Assistant United States Attorney (quoted below):

"I am the Assistant United States Attorney assigned to defend the United States in this matter and I write to discuss a possible resolution of your claim. I am informed by CIS that your application for naturalization would be approved by CIS if the matter is remanded to the agency.

In the past, I have filed agreements with Plaintiffs that the matter would be remanded for sixty days, and if the United States has not filed a Notice with the Court that you have been naturalized within sixty days, the agreement would provide that the case would automatically be restored to the Court' Docket.

Please let me know if you would agree to remand to Citizenship and Immigration Services on these conditions, that is, on the condition that you be naturalized and given the oath of citizenship within 60 days. "

His email is kind of vague as to when the 60 day will actually begin. Also, sounds like there is a chance that a 60-day extension will not guarantee the approval, and therefore, this process will go back to the court again and with another 60 days (hinted here) ?

I am not sure whether I need to reply to his email and how to reply. Welcome any suggestions.

BosN400.
------------Case info.------Boston --------------------------
N400 Submitted: Dec. 29, 2005
FP: Jan 20, 2006
Interview Date: May 15, 2006 (after a reschedule)
-----Passed all but pending Background Check----
1447B filed: October 3, 2006 (AUSA received October 5)
--------------------------------------------------------------