Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Riz,
Looks like a data entry error. You should go to the court or call the court clerk and ask them about this. I would Point out refrence to another case where the correct dates have been put as an example. I found the court clerk was helpful and answered all questions I asked.
nc-pending
Registered Users (C)
Can I file one law suite for me and wife?
Hi guys,
Me and my wife were interviewed same day and we both were told that our case can not be decided b/c of fbi name check. This was back in May 2006. I have been following this forum for quite some time and now I am also planning to file law suite. My question is "Can I file one Joint law suite together with my wife or we need to file two separate law suites ? "
Thanks,
01/06: N-400 receipt
03/06: FP
05/06: Interviewed passed. Pending FBI name check
Hi guys,
Me and my wife were interviewed same day and we both were told that our case can not be decided b/c of fbi name check. This was back in May 2006. I have been following this forum for quite some time and now I am also planning to file law suite. My question is "Can I file one Joint law suite together with my wife or we need to file two separate law suites ? "
Thanks,
01/06: N-400 receipt
03/06: FP
05/06: Interviewed passed. Pending FBI name check
I saw many cases on PACER when wife and husband would filed together. Please go back to the beginning of this forum and you will definitely find who did this already. I remember somebody was asking this question already.
Good luck
Just like you respond to Motion to Dismiss in 20 days. Defendents are given 20 days after you file Opp to motion to dismiss if they want to chalange any arguments that you bring in front of judge. Usually Judges do not rule on Motion to dismiss till that dead line is over to make sure defendents do not have any more arguments in opposition to Motion to dismiss.
I have seen in few cases mostly defendents ask same question again that petitioners did not mentioned any law or statutory timeline which makes FBI to respond back for name check in particular time limit.
New update in my case that today I recieved a letter to get fingure printed again since this is the 3rd time fingure prints have expired in over 3 years. CIS does not stop to amaz me.
In my humble opinion CIS does not like USA. If they truely did love this great country they would move faster so they can catch bad people faster and make well deserving US citizens faster like myself and the memebers of this blog.
This is good sign I believe you are very close to adjudication now.
reason for delay
my judge was presiding over Enron cases so she was quite busy thats why it took her sometime to reach decesion.
my judge was presiding over Enron cases so she was quite busy thats why it took her sometime to reach decesion.
DID you filed motion for summary judgement or defendents filed motion for summary judgement?
Supporting Documents?
Dear Paz:
I found your opposition paper. It's great and very useful for me to write up my own opposition! Can you please post your Exhibit 2 (USCIS Interoffice Memorandum by Michael Aytes), Exhibit 3 (Memorandum for WIC Members by Alberto Gonzales on March 13, 2006), Exhibit 4 (DHS OIG Report), and Exhibit 5 (FBI Name Check expedite criteria)? I found your Exhibit 1 (Supplemental Reply in Mohamed v. Frazier), which is very useful since my court is in Minnesota.
Thanks again for your resources and advice!
Z.
Dear Paz:
I found your opposition paper. It's great and very useful for me to write up my own opposition! Can you please post your Exhibit 2 (USCIS Interoffice Memorandum by Michael Aytes), Exhibit 3 (Memorandum for WIC Members by Alberto Gonzales on March 13, 2006), Exhibit 4 (DHS OIG Report), and Exhibit 5 (FBI Name Check expedite criteria)? I found your Exhibit 1 (Supplemental Reply in Mohamed v. Frazier), which is very useful since my court is in Minnesota.
Thanks again for your resources and advice!
Z.
re: support documents
zl2007, can you please post yours once it is completed.
FYI:
I talked to a lawyer and he told me that there is an intention from USCIS/FBI to put an end for WOM to expedite namecheck through congressional voting... This is way more dangerous than the internal guidelines set by the USCIS last January to no longer automatically expedite namechecks when a mandamus suite is filed
so if you're still hesitant... file before April 2007
zl2007, can you please post yours once it is completed.
FYI:
I talked to a lawyer and he told me that there is an intention from USCIS/FBI to put an end for WOM to expedite namecheck through congressional voting... This is way more dangerous than the internal guidelines set by the USCIS last January to no longer automatically expedite namechecks when a mandamus suite is filed
so if you're still hesitant... file before April 2007
These were already posted, see page 568, post # 8515. I am disappointed that you are really not reading even the last month postings... but it's up to you, of course.
Just write him that you are not opposing the motion to extend, he will take care of the filing.
This is nothing new they are trying to do this from long time. Congress did not supported this effort. Even if congress did make this law it only covers 1447(b) lawsuits. Writ of Mandamus option will still be there. Writ of Mandamus is extraordinary writ which courts use for taking care of loop holes in law where law is not clear. (like no statutory time limit for completion of name check)
This option will be there for ever but for sure it will be difficult to get if congress created some law to put unlimited wait for name check.
Congress can change law like 1447(B). If it says that courts does not have jurisdiction if back ground checks are still pending after 120 days.
This intent appeared first in 2003 and still didn't reach the floor of the Congress. I don't see anytime soon that the Congress would vote on the immigration reform, but of course, you never know.
I agree with the last part of your message, but not because some deadline is coming (to the best of my knowledge). Simply, it seems that the only effective way to have a stalled petition/application moving again is to file a complaint in the district court and be prepared to fight the lawsuit till the end.
Filed 1447(b) today in Newark
Hello all,
I filed few hours ago at the Federal Court in Newark, NJ a petition for hearing on naturalization application under 1447(b).
The lady was nice and helpful, she waited for me to go photocopy some papers couple of times.
this is the list of what she asked for:
{
1 original complaint + exhibits + cover sheet + summons
3 copies of all of the above
a check of $350
a CD with complaint + exhibits + cover sheet + summons (I had one complaint file unsinged and the other one with S\ MY NAME in signature), all files in pdf format.
}
she also stamped a copy of the summons (with no court signature) and 7 copies of the complaint (the ones to be used to serve the defendants and one for my record. one is enough cos you can make copies).
It seems they don't sign the summons the same day so I have to wait for them by mail in the next few days.
so basically you need 1 original + 4 copies of: complaint + exhibits + summons (3 for court and one for your record) and 1 orig +3 copies of the cover sheet.
during the past week, I spoke to couple of immigration lawyers I was referred to by some family friends. Both are in Philly, the first one said that he files WOMs for a fee of $700 to $1000 which is cheap but the guy is really hard to get a hold of.
The second lawyer, also in Philly, seems more knowledgeable than the first one. He files a lot of joint WOM and 1447(b) in one complaint and he repeated lots of the information that you would find in this blog. he mentioned the 12/21 new rule and he mentioned that before this date the NJ attorney was very helpful and prompt with requesting expedited Name Checks.
the lawyer also mentioned that these kind of cases rarely end up in court, the judge usually order USCIS to resolve it within 120 days. he even mentioned that one judge (don't know where exactly) ordered for all cases of that kind to be resolved within 120 days automatically.
this guy asks for $6000 + filling fees + mailing fees which is a lot and was one of the reasons I wanted to go ahead and continue my prose process.
I have the phone number of the two lawyers if someone is interested
I guess now I have to wait for the summons and then make a copy and send the copies with the complaints and exhibits to the defendants.
Hello all,
I filed few hours ago at the Federal Court in Newark, NJ a petition for hearing on naturalization application under 1447(b).
The lady was nice and helpful, she waited for me to go photocopy some papers couple of times.
this is the list of what she asked for:
{
1 original complaint + exhibits + cover sheet + summons
3 copies of all of the above
a check of $350
a CD with complaint + exhibits + cover sheet + summons (I had one complaint file unsinged and the other one with S\ MY NAME in signature), all files in pdf format.
}
she also stamped a copy of the summons (with no court signature) and 7 copies of the complaint (the ones to be used to serve the defendants and one for my record. one is enough cos you can make copies).
It seems they don't sign the summons the same day so I have to wait for them by mail in the next few days.
so basically you need 1 original + 4 copies of: complaint + exhibits + summons (3 for court and one for your record) and 1 orig +3 copies of the cover sheet.
during the past week, I spoke to couple of immigration lawyers I was referred to by some family friends. Both are in Philly, the first one said that he files WOMs for a fee of $700 to $1000 which is cheap but the guy is really hard to get a hold of.
The second lawyer, also in Philly, seems more knowledgeable than the first one. He files a lot of joint WOM and 1447(b) in one complaint and he repeated lots of the information that you would find in this blog. he mentioned the 12/21 new rule and he mentioned that before this date the NJ attorney was very helpful and prompt with requesting expedited Name Checks.
the lawyer also mentioned that these kind of cases rarely end up in court, the judge usually order USCIS to resolve it within 120 days. he even mentioned that one judge (don't know where exactly) ordered for all cases of that kind to be resolved within 120 days automatically.
this guy asks for $6000 + filling fees + mailing fees which is a lot and was one of the reasons I wanted to go ahead and continue my prose process.
I have the phone number of the two lawyers if someone is interested
I guess now I have to wait for the summons and then make a copy and send the copies with the complaints and exhibits to the defendants.
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thank you very much
Dear Paz:
Thank you very much for your help!
have a good night!
Philipimi
Dear Paz:
Thank you very much for your help!
have a good night!
Philipimi
relyonself
Registered Users (C)
I called US attorney office about my case, here is what I got
Totay, I called us attorney office, and no body was there and I left message, 5 mins later, one lady called me, and said that they are aware of the case and they already contact uscis and fbi, also, she said, they do not expediate the name check any more. and also told me that the due day to answer is April 9th. Then I asked her can I get AUSA for this case, she said there is nothing more we can talk. Then it looks that the only thing left for me is another type of waiting. anything else we could do? thanks.
Totay, I called us attorney office, and no body was there and I left message, 5 mins later, one lady called me, and said that they are aware of the case and they already contact uscis and fbi, also, she said, they do not expediate the name check any more. and also told me that the due day to answer is April 9th. Then I asked her can I get AUSA for this case, she said there is nothing more we can talk. Then it looks that the only thing left for me is another type of waiting. anything else we could do? thanks.
I filed in central CA and got both signed Summons (no stamp)and the stamped one (no signature)when I filed in person. I simply sent the stamped ones out to all defendants and so far it's fine with me. -- PACER showed all fine with one exception saying 'original Summons not returned'. I went to court again for that and was told it is up to me to either keep the original Summons or return to the court (which is safer). However, if returning to court, you have to file with something else such as prrof of services. They do not take original Summons alone. Therefore I just kept mine in my own firesafe at home.
Also I'm lucky that name check cleared soon after filing. My AUSA just told me to wait for oath letter then we will dismiss the case jointly.
PS in LA they did not even charge $350 for 1447b filing till recently the judge changed the rule due to a flood of similar filings, according to what the clerk told me.
to Akram
Akram
I will file in Newark, NJ next week to...
WOuld you please keep me updated on your progress?
I also have 3 quick questions for u or anyone who can answer:
1- do you expect to receive the 4 copies of (original complaint + exhibits + cover sheet + summons) in the mail with court signature and then you send them to the defendants? and then you take proof of mail delivery to the court again??
2- Were you able to find out wether AUSA still does expedite NC requests in NJ?
3- how long did the whole process take at the Federal Court in Newark, NJ? any suggestions on what time to go etc?
Akram
I will file in Newark, NJ next week to...
WOuld you please keep me updated on your progress?
I also have 3 quick questions for u or anyone who can answer:
1- do you expect to receive the 4 copies of (original complaint + exhibits + cover sheet + summons) in the mail with court signature and then you send them to the defendants? and then you take proof of mail delivery to the court again??
2- Were you able to find out wether AUSA still does expedite NC requests in NJ?
3- how long did the whole process take at the Federal Court in Newark, NJ? any suggestions on what time to go etc?
Last edited by a moderator: