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

[wenlock]

suggestion

I don't post a lot but I read almost every post in the past few months. I filed my 1447b case in early September, however no luck so far. I already had the 2nd 30 day extension which will be in January 2007.

I called my AUSA several times. She is a nice lady and told me she already sent the request to expediate my name check. She said there's a huge backlog for those expediate name checks, which in my understanding there's a separate queue for the expdiated ones. So for most of the time, our cases are waiting in line to be checked / processed. However, I found many cases which were filed later than mine in the same district, but already got resolved.

I'm so confused and feel so bad. I don't think there're many people on this forum filed in September but still pending as of today. I always ask myself to be patient, but I really don't know what's going on??? Please help!!! Any idea, input will be appreciated

I would make Infopass and inquire about when was second expedited request was sent.

I would also make congressional inquiry about when was second request placed.

Get some sort of written proof to make sure they placed expedited request in timely fashion if you find that they did not placed request in timely fashion use that thing as a argument in your response to motion to dismiss if US attorney files that. I am sure after two extensions he will definatly file some kind of motion to dismiss.

Which District court you are located?

 

[paz1960]

I have a question, I filed WOM on November 28th through my attorney. The US attorney has been served.

He still has not recieved signature confirmation from other defendants.

My question are:

1. How long does it usually take to get signature confirmation from the defendants?

2. How long will it take for a US government Attorney to be assigned to case?

3. My lawyer is lazy, is it possible I can contact and talk to the US attorney or they wont talk to me?

Thanks!

1. My letters were delivered to the Washington-based defendants in 6 days. The local USCIS DO and the US Attorney's office received the mail next day (I used priority mails). The signature confirmations came back in an interval of about two weeks after the delivery, the FBI return receipt still didn't came, after 6 week of mailing.

2. THis probably greatly varies from district to district. I called the US A' office after 3 week of filing and I could talk to the assigned AUSA.

3. If you don't trust your lawyer, why did you hire him or why are you keeping him? I don't know if AUSA is willing to talk to you if you are represented by a lawyer; I think that the only way to find out this to actually try to call AUSA. But you should be prepared that your lawyer can find out that you acted behind him and will not take it too well...

 

[paz1960]

I took my oath of naturalization today in a highly structured and formal ceremony today. This came about in under one month of filing complaint and serving summons. Everything happened pretty fast for me. I had my second finger prints within a week of filing complaint and a invitation to oath (letter) ceremony in under 2 weeks. The US A even kindly consented to dismiss the complaint after the naturalization ceremony, which I did. He felt that this would give me additional confidence and the subject of jurisdiction was never raised. I wish every one the very best in their struggles. Have faith in the judicial system, but please be prepared. One has to mentally prepare oneself prior to filing a petition for all (potential) subsequent stages of litigation. Without this mettle, you will face a lot of uncertainty. I feel absolutely no sense of triumph, only relief that I did not encounter hurdles in my way.

My recommendation to everyone would be to read this forum carefully, download attachments and read these, document all attempts at resolving immigration matters via administrative appeals and only then file a petition. For 1447(b), time may not be of essence (passage since 120 days), but I do feel that you must have exhausted all available means. In my case, I wrote letters, contacted congressman, obtained "no records" letter using FOIPA, ensured that name check was actually pending, several INFOPASS appoinments etc. Once I had collected cases where either the jurisdiction issues or the remand issues were well addressed, I felt confident to go ahead and file a petition.

Thanks to every one in the forum.

Hello PendingN400, congratulations again and please stay around for a while to help others. Your experience and allways well documented, valuable posts are really helpful and needed. Keep up the great work you were doing. And of course, enjoy your new citizenship.

 

[paz1960]

I just called the US attorney who was assigned to my case. The overall conversation was very pleasant. He sounds like a nice guy. He said there is another lawyer in Nebraska who is assigned to my case as well and the lawyer in Nebraska requested the expedite for my name check to FBI back in Nov. 27th (I filed my case on Nov. 20th). He said there is nothing at this point for him to do except wait till Jan. 27th if nothing happens. I assume that is a very good news, right? What else should I do?

Of course that this is a good news, because at least they requested an expedited name check for your case. Now let's hope that they will finish that before the 60 days are up. If not, AUSA will have to file something; either an answer or a motion. This motion can be for an extension or a motion to dismiss. Even if this latter happens, you should not panick, nothing out of the usual or really bad for you. You just need to contiune to prepare yourself to continue your fight if AUSA files a motion to dismiss. Right now you can't do anything else but wait and work on your Opposition to the Motion to Dismiss. Hopefully you won't need it, but better be prepared instead to panick if this happens.

 

[paz1960]

Hi,
I have a Quick Question on "Steps to take to file a lawsuit" in the front page
I have filed my complain to district court, and Served the complaint + summons to all defendants and US atty office via CERTIFIED MAIL.
Right now, I got return receipt from US atty office.
I have the question of the following statement
"File the return receipt with the court, and send a copy to the US atty office."

My question is:
1. Shall I mail the copy of return receipt from US atty office with court or wait all the return receipt from all my defendants?
2. When I send copy to the US atty office, it that means I mail the copy of return receipt from US atty office to US atty office again? Shall I put something also?

1. I waited till I had proof of delivery from all the defendants+US A' s Office and filed a Certificate of Service with the district court, attaching the USPS tracking web printouts with the certified mail green slips (the receipt you receive when you mail your letter).
2. I'm not sure if sending a copy of the Certificate of Service to the US A's Office is necessary (I felt that it is a little bit redundant) but I stuck to the general rule of thumb to send a copy of everything I filed with the court to the US A's Office.

 

[paz1960]

All,

I just got a call from AUSA 20 minutes ago. I was told my naturalization case was approved. The immigration officer is going to mail the oath letter to me tonight. I filed civil law suit last Monday 12/4/2006. Today is 12/12/2006. Only one week + 1 day. Probably it is the new record on this forum.

I really want to thank everyone here on this forum. Without you and the forum, I would not be able to make this happen. Special thanks to Paz1960. Thank you for your posts and the email answering my questions.

Keep your spirit up and don't lose your sleep !!! Good luck to everyone here !


Here is the Recap:

Priority Date: 2/10/2006
Interview Date: 6/8/2006 -- interview was passed -- name check pending
infopass 9/1 - name check pending
infopass 10/4 - name check finished , I did not ask what day it was completed
infopass 11/2 - name check finished on 9/14/2006.. my case still was not processed
infopass 11/17 name check finished on 9/14/2006.. my case still was not processed
infopass 12/1 name check PENDING.. uscis does not know how long it will take. It may take a few years ! I was told a different story after 3 months waiting. what is the hell !
12/4 I filed civil case based on 1477b
12/11 By calling US attorney office, I found out who my AUSA is. I left a message in AUSA's voice mail. She called back in 1 hour. I explained my situation to her. She was very very nice. She promised to call USCIS next day and talk to the manager.
12/12 I just got a call around 2:30 pm today from AUSA. She told me my name check was completed on 9/14/2006 and no one had taken care of my file since name check was completed. (why? not important any more - ) The USCIS manager asked immigration officier to complete my case today and send out oath letter today. I promise to AUSA that I will dismiss the civil case after receiving oath letter.

My dilemma will be over soon after taking the oath !!

PRAISE TO GOD !

Great day for you tomshen99a! Congratulations, enjoy your victory and stick around for a while. Your posts are well appreciated.

 

[paz1960]

I don't post a lot but I read almost every post in the past few months. I filed my 1447b case in early September, however no luck so far. I already had the 2nd 30 day extension which will be in January 2007.

I called my AUSA several times. She is a nice lady and told me she already sent the request to expediate my name check. She said there's a huge backlog for those expediate name checks, which in my understanding there's a separate queue for the expdiated ones. So for most of the time, our cases are waiting in line to be checked / processed. However, I found many cases which were filed later than mine in the same district, but already got resolved.

I'm so confused and feel so bad. I don't think there're many people on this forum filed in September but still pending as of today. I always ask myself to be patient, but I really don't know what's going on??? Please help!!! Any idea, input will be appreciated

Hello RWDW, don't get discouraged. Don't try to find any logic in the fact that other cases filed after you were already completed. I don't believe that there is any pattern or logic how these name checks are processed, or at least I didn't find any substantial info about this. Of course we can speculate, but it is useless.

I don't believe that AUSA will file for a third extension. Most likely the next move (if the name check is still not done till the end of the second extention) will be to file a motion to dismiss or remand. Work on the Opposition to this motion. Worst case (in fact best case) you worked uselessly and you won't need this to file, because your case will be completed. But at least you are doing something, the worst for me is to just sit and wait, to feel that I am powerless, I can do nothing to advance my case. This can drive you nuts...

 

[tomshen99a]

Thanks Paz1960 again. Just recevie a letter tonight from court

In addition to my victory today, I got a letter sent from court today. It said the initial court status hearing day is next Monday although I have not filed cert of services yet. I hope I will receive oath letter soon enough so that I can file motion of dismiss before this Friday and I don't have to go to court next Monday.

How come the court want initial status hearing so quickly ?

here is what is in the letter:

"Joint status report due by 12/14. Initial status hearing set for 12/18..." -- what does this mean ?

Great day for you tomshen99a! Congratulations, enjoy your victory and stick around for a while. Your posts are well appreciated.

 

[paz1960]

Hi All,

Just want to update you all about my case. I am proud USC now. Done with OATH after filing 1447b from Chicago.

I want to thank Buggin, Lotchguy, RWDW, Moody, LegalAlign & Publicious ( for showing the path for 1447b ). I am sure due to my euphoria, I missed lot of other people's name but I want to thank them for their help to me on this forum.

This is another victory for 1447b people and just like I used to get excited by my predecessor about their victory, I hope my victory will also gives tou more hope of better tommorow. Stay the course & Keep the faith is my sincere advice.

Those who have not filed the 1447b so far despite qualifing for it - my strong urge to do it ASAP. let me tell you - It works. I understand it's always intimidating thought of going against Big Brother & Sister anywhere in the world but if you have to do : There is no better country in the world than USA where you will get most fair treatment & equal standing in the legal system. So thank your Lucky star and take control of your own Destiny now.

Just some general timeline details ( I don't want to give too specific personal information - I hope everybody will respect that )
1) Applied N-400 in Feb 2006.
2) Had FP in April 2006.
3) Had interview in June 2006 & got stuck in Namecheck.
4) Started writing letter to IO / DO of USCIS Chicago office at regular interval of 4 weeks. Kept copy of the letter / mailing proof.
5) got FOIPA from FBI which as usval came as "No records".
6) Contacted Senator's office for the help and 4 weeks communication trail.
7) Also scheduled 3 Infopass appointments at 10th week, 14th week & 17th week - kept record of it. also called 1-800 number every 2 weeks from 8th week onwards at 2 weeks interval and kep the log of officer name / Date / time / general response etc.

** 4,5,6 & 7 has been done to create documentation as I considered 1447b as realistic possibility and went through the motion. ( If that would have resulted in Namecheck Resolution before 4 month that would have been BONUS ). **

8) Filed 1447b after 4 month deadline with all supporting documentation as Pro Se in October.
9) Got OATH letter mid-November in mail ( which AUSA told me the same day )
10) Took my OATH in December 1st week.
11) Proud US Citizen in the Land of the Free.


I wish everybody very best luck in your situation

Congratulations for your victory. One more x in the winners column!

 

[paz1960]

In addition to my victory today, I got a letter sent from court today. It said the initial court status hearing day is next Monday although I have not filed cert of services yet. I hope I will receive oath letter soon enough so that I can file motion of dismiss before this Friday and I don't have to go to court next Monday.

How come the court want initial status hearing so quickly ?

here is what is in the letter:

"Joint status report due by 12/14. Initial status hearing set for 12/18..." -- what does this mean ?

Seems that there is a great variation between different district courts how they schedule the pre-trial conference (or initial status hearing). I don't know why this was already scheduled in your case, but nothing to worry, hopefully you will already have in hand the oath letter or if not, you can inform jointly with AUSA the judge about the status of your case and ask for some time till you get your oath letter and signal that you will file a motion to dismiss after that.

If you get the oath letter in the last moment and you don't have time to file your motion to dismiss, I would go to the hearing and inform the judge there about the case, just to show my respect to the court and to be sure that I don't upset the judge being a no show. I know that this would be a burden, because most likely you would have to miss some work, but it's probably better to play the whole 'game' till the end following the rules of the 'game'. In fact, if you would not get your case solved so quickly, you would be now thankful to that judge that (s)he didn't wait till the 60 days are up and wants to solve your case as soon as possible.

 

[RWDW]

Thanks, Wenlock. I'm in Chicago. I saw two victories posted today. We have the same AUSA, just don't know what's wrong with my name check.

QUOTE=wenlock]I would make Infopass and inquire about when was second expedited request was sent.

I would also make congressional inquiry about when was second request placed.

Get some sort of written proof to make sure they placed expedited request in timely fashion if you find that they did not placed request in timely fashion use that thing as a argument in your response to motion to dismiss if US attorney files that. I am sure after two extensions he will definatly file some kind of motion to dismiss.

Which District court you are located?[/QUOTE]

 

[PendingN400]

Extensions

Hello RWDW, don't get discouraged. Don't try to find any logic in the fact that other cases filed after you were already completed. I don't believe that there is any pattern or logic how these name checks are processed, or at least I didn't find any substantial info about this. Of course we can speculate, but it is useless........

Personally I would agree to 2 separate extensions of 30 days each, but only under the condition that a request for expedited name check has been made. If the US A tells you that this request has been made, and results of these have not been returned under the 60 day rule for defendants to respond, I would first make a call and offer to extend by another 30 days and then a second one with hesitation. I just feel that it is better to allow more time than to face a motion seeking dismissal based on either the jurisdiction or remand issue. One has to assume that if expedited name check isn't completed within a short time, there must be some paper trail that is bogging down the system. Simultaneously one needs to prepare a list of forceful judgements favoring the petitioner from across as many court districts as possible, and especially your own court district. I would literally make a table of these cases with case numbers and key findings from the opinions issued, and specific remand instructions given. Once you have these, pick a conservative remand scenario for your own case and file a response to the motion to dismiss/remand.

 

[tomshen99a]

Very Good Point !!

VERY GOOD POINT !!

Seems that there is a great variation between different district courts how they schedule the pre-trial conference (or initial status hearing). I don't know why this was already scheduled in your case, but nothing to worry, hopefully you will already have in hand the oath letter or if not, you can inform jointly with AUSA the judge about the status of your case and ask for some time till you get your oath letter and signal that you will file a motion to dismiss after that.

If you get the oath letter in the last moment and you don't have time to file your motion to dismiss, I would go to the hearing and inform the judge there about the case, just to show my respect to the court and to be sure that I don't upset the judge being a no show. I know that this would be a burden, because most likely you would have to miss some work, but it's probably better to play the whole 'game' till the end following the rules of the 'game'. In fact, if you would not get your case solved so quickly, you would be now thankful to that judge that (s)he didn't wait till the 60 days are up and wants to solve your case as soon as possible.

 

[junzhe]

Mistake made to the service to US Attorney

I filed my Pro Se case yesterday and serviced the US attorney the same day in person. Now while preparing to serve other defendants I realized I should have served the copy of the orignial summons (the one for US Attorney). Instead, I served the original. Does that mean the court will reject my Certificate of Service later when I file with the copy? This mistake is only done to the US Attorney service. I will make sure I send the copy out for other defendants. What do you think my options are? Any advice?
Thanks.

 

[junhuaw]

I am not sure if this matters. I did serve the original copies to all defendants while keeping the copies.

I filed my Pro Se case yesterday and serviced the US attorney the same day in person. Now while preparing to serve other defendants I realized I should have served the copy of the orignial summons (the one for US Attorney). Instead, I served the original. Does that mean the court will reject my Certificate of Service later when I file with the copy? This mistake is only done to the US Attorney service. I will make sure I send the copy out for other defendants. What do you think my options are? Any advice?
Thanks.

 

[junzhe]

Which district court?

Thanks for the reply. Which district court did you file? I'm in Boston. I will try to contact the clerk to find out. But at the meantime, I'd like to find answer from this forum.

I am not sure if this matters. I did serve the original copies to all defendants while keeping the copies.

 

[takayuki]

File the return receipt with the court?

Hi,
Can anyone tell me what does it mean by "return receipt". I received the return receipt of certified mail I sent from the US atty in my district 3 days ago, is this the return receipt or there are actually something else?

According to the step 12 in this thread, I need to
####################
12. File the return receipt with the court, and send a copy to the US atty office.
#####################
I live in NY, how can I file the receipt with the court? Which court? Can I mail the document in? or I have to go to court personally for the cleark to stamp on the receipt or certificate of service?
Hope to hear from you all!
Thanks a lot!!!!!!

 

[yvesliu]

Infopass

Is that true that if expedite request is sent to FBI, infopass could tell me the exact date and status regarding the expedite?

 

[tomshen99a]

Motion of Dismiss

How to file motion of dismiss ?

 

[lenscrafterslen]

my clerk repeated this several times when I filed the lawsuit that "Don't serve the original, keep it." she really emphasized it. but i am not sure what the consequence would be if i did serve the original. so find out from your clerk.

i am in ny

Thanks for the reply. Which district court did you file? I'm in Boston. I will try to contact the clerk to find out. But at the meantime, I'd like to find answer from this forum.