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

Hi fellows;

Do you know where I can buy the blue paper (card board) for backing as required by the CA courts? Apparently, I need to attach my motion to this blue back paper at the time of submission. I looked for it at office depot and office max but they didn't have it. PLease reply to this or send me an email at aamirich@yahoo.com if you know where to buy it from. Thanks.

parsfalcon

I had the same problem filing mine back in January. I ended up with some construction papers on assorted colors. I picked the closest blue color (but still quite different from the sample I got from the clerks) and went to the court with worries. Fortunately the clerk did not care much about that nor did she care much about the length of the paper. I told her about my hard time finding even the ones I used and she couldn't provide a better store either. I'd say go with whatever office depot/Staples may have for colored construction paper or ask court clerks for some spare ones. Good luck.
 
Stipulation for extension is just an extension and normally initiated by AUSA. Many cases AUSA contacts plaintiff for a signature before filing that with court (like in my own case) but that is not required. I think in your case your AUSA simply bypassed you and filed with the court.

Compared with MTD or even an Answer, Stipulation for extension is probably the most friendly response you get from AUSA's. It is simply asking more time in hoping your case could be resolved before the new deadline. Another benefit to file extension rather than an Answer, based on what my AUSA told me, is that in case your NC gets cleared soon, you can simply dismiss your own case voluntarily (and the court automatically approves that of course) instead of of filing a joint stipulation to dismiss which needs court approval and thus more delays. My AUSA told me he always files extension instead of answers unless he's forced to.

Hope it helps and good luck.

By the way what is LUD?

I posted this a couple days back, but people seemed to have missed it
===============================================
I have a question rergarding a "Stipulation for Extension", I received for my WoM case a few days ago..



I filed WoM through a lawyer on Feb 15th and got a "Stipulation for Extension of Time to Respond to Plaintiff's Complaint"
All,

I checkked Pacer on April 18th and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..

The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?

It seems that the judge herself took this step, or may be I am missing something.

Also this is not Motion to Dismiss. Is there any real difference between the two?

I also got an LUD on my and my wife's cases yesterday. I am wonedering what might be going. Anybody know what this "stipulation" means or how it might be different from a Motion to Dismiss?

-Desi
__________________
 
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I had the same problem filing mine back in January. I ended up with some construction papers on assorted colors. I picked the closest blue color (but still quite different from the sample I got from the clerks) and went to the court with worries. Fortunately the clerk did not care much about that nor did she care much about the length of the paper. I told her about my hard time finding even the ones I used and she couldn't provide a better store either. I'd say go with whatever office depot/Staples may have for colored construction paper or ask court clerks for some spare ones. Good luck.
Thanks for your response.

My Opposition to MTD was returned to me since I had not used font size 14! I updated it and going to turn it in tomorrow. You, other fellows, be aware of local rules if you don't want to have any further delay in your case.

parsfalcon
 
typically I have seen AUSA file notuce of appearance 2 weeks before deadline. I am in similar boat, planning to call AUSA office this week and see if I can talk to the AUSA.

Are you saying that I wouldn't be able to find out the AUSA's name until 2 weeks before deadline? But I saw on this forum that many people started to contact the AUSA a couple of weeks after they file the summon. How did they do it without the AUSA's name?
Thanks a lot.
 
Hi ddwalker,
Most probably the other folks called the AUSA office speak to civil process clerk and told them that they filed a civil law suit and need to find out who is assigned to their case. Otherwise sometimes till the 60th day you may not know who is your AUSA is? Calling court won't help either.
Therefore, call the AUSA office in your district and they will tell you who is assigned to your case.
Thank you.



Are you saying that I wouldn't be able to find out the AUSA's name until 2 weeks before deadline? But I saw on this forum that many people started to contact the AUSA a couple of weeks after they file the summon. How did they do it without the AUSA's name?
Thanks a lot.
 
mr. a,
You bet, this is a long thread, though to gain something you have to spend some time.
Yes, you can file a WoM to compel the USCIS to send your dad an interview letter. However, you need to show that you exhausted all the available remedies (sending letters to USCIS, contacting Sen / Rep, etc.) and waited (per some courts two years is long) for very long. This kind of WoM is not very common and easy, in my opinion you need to contact an attorney for it.
Meanwhile you can have InfoPass to see what is holdup also contact your Senator / Representative to find out the status of the application.
Good luck.


The information here is extremely detailed, but I am little confused.

My dad got his fingerprints done in June 2006 and never got any letter for citizenship interview. It's been almost a year.

Can he file the lawsuit even if he has not been called for interview? Is there anything that says USCIS must call you for interview within so many months after fingerprints are done? Thanks.
 
Most likely, They have an AUSA assigned to your case, but it is not showing on the PACERs yet. I have seen many cases like this. And, this is an extension and NOT a MTD or answer. Why don't u call your lawyer and find out? Gook luck! dude


I posted this a couple days back, but people seemed to have missed it
===============================================
I have a question rergarding a "Stipulation for Extension", I received for my WoM case a few days ago..



I filed WoM through a lawyer on Feb 15th and got a "Stipulation for Extension of Time to Respond to Plaintiff's Complaint"
All,

I checkked Pacer on April 18th and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..

The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?

It seems that the judge herself took this step, or may be I am missing something.

Also this is not Motion to Dismiss. Is there any real difference between the two?

I also got an LUD on my and my wife's cases yesterday. I am wonedering what might be going. Anybody know what this "stipulation" means or how it might be different from a Motion to Dismiss?

-Desi
__________________
 
Attorneys for filing WOM in NJ

I am thinking about WOM options in NJ. Does anyone know a good lawyer in my area.
I filed the N-400 on 6/25/2007 and I took my fingerprints on 7/18/2006 in Newark, NJ. In my case, 9 months has passed and I have not been notified of my citizenship interview yet.

My husband has reached 6 years of his H1B status. He needs my U.S. citizenship to sponsor and speed his lawful permanent resident status.

Maggia Liau
 
Hi all,
I filed my WOM case on 3/14. And again on 3/23, I filed the summon returns to the court. But today, on PACER, I still don't see the AUSA assigned to my case. Is this normal. Shall I call the court to find out?
Thanks!

Yes, It is normal. Call US attorney office to find out about AUSA.
 
Enjoy Your Victory!

Not to interrupt the discussion here, I created a separate thread... Please come by and say bye, I will be gone for a while... By the time I am back, most of you would be US citizens and probably gone from these forums...

http://www.immigrationportal.com/showthread.php?t=247365

Thank you all for your answers to my questions and supporting me in my struggle, you are all so special... I will pray for you, especially those who are here, because I have been there...

I have been reading your posts and I am glad you got it finally. Congratualtions on your victory and the job well-done. Come back safely. Take care of yourself!! Best of Luck!!! regards,dude
 
Proof of service

I have been reading your posts and I am glad you got it finally. Congratualtions on your victory and the job well-done. Come back safely. Take care of yourself!! Best of Luck!!! regards,dude

I filed 1447b on April 6 and served all defendants. I have just got the green card back only from USCIS, not form anywhere else, but USPS track and confirm shows packages delivered with tracking info. Is it ok to sumbit proof of service with web printouts of USPS tracking or do we need to wait for the green cards yo come back?
 
For those who are not familiar with my case i filed for N400 on basis of military service on August 2005.Wrote to First lady on December 2006 and then Filed WOM on Feb 2nd,2007
Finally got a letter from FBI stating name check cleared on 9th march and AUSA filed for 30 days extension.I finally got a Interview letter for my N400 for May 18th .The extension for my WOM expires on may 2nd .Today AUSA emailed me and said that i should file for dismissal without prejudice or he would have to file a MTD.

I do not really want to file a vol dismissal as i am fed up with uscis and really dont wanna wait another 2 or 3 months for oath after the interview.

What should i do ?
 
Just Received Pro Se Package!

And i am confused but i will work through it and i am sure i will have a few questions by the end of the day. Bear with me please, while i may end up posting several times today.:)
 
Hi lotech,
I and most of the folks who filed law suit only submitted USPS web printout as proof of service and it is acceptable in most of the district. Therefore, go ahead and file.
Good luck.



I filed 1447b on April 6 and served all defendants. I have just got the green card back only from USCIS, not form anywhere else, but USPS track and confirm shows packages delivered with tracking info. Is it ok to sumbit proof of service with web printouts of USPS tracking or do we need to wait for the green cards yo come back?
 
Hi sksharma,
I am following your case.
What do you asked in your WoM, if you asked for an interview letter then case consider being moot. I do not think keeping this case open help you anymore.
Try to get another extension and explain to AUSA why you are asking for it.
Good luck


For those who are not familiar with my case i filed for N400 on basis of military service on August 2005.Wrote to First lady on December 2006 and then Filed WOM on Feb 2nd,2007
Finally got a letter from FBI stating name check cleared on 9th march and AUSA filed for 30 days extension.I finally got a Interview letter for my N400 for May 18th .The extension for my WOM expires on may 2nd .Today AUSA emailed me and said that i should file for dismissal without prejudice or he would have to file a MTD.

I do not really want to file a vol dismissal as i am fed up with uscis and really dont wanna wait another 2 or 3 months for oath after the interview.

What should i do ?
 
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Hi sksharma,
I am following your case.
What do you asked in your WoM, if you asked for an interview letter then case consider being moot. I do not think keeping this case open help you anymore.
Try to get another extension and explain to AUSA why you are asking for it.
Good luck

In my prayer section i requested court to compel defendants and those acting under them to perform there duty to complete the background checks and render a final decision on the plaintiffs application for naturalization immediately.
 
I filed 1447b on April 6 and served all defendants. I have just got the green card back only from USCIS, not form anywhere else, but USPS track and confirm shows packages delivered with tracking info. Is it ok to sumbit proof of service with web printouts of USPS tracking or do we need to wait for the green cards yo come back?


You should atleast wait for the green card from the US attorney office. In my case, i did not get three cards back. I went to the post office and they printed a detailed inquiry. It is much more detailed than the one we get from USPS Webiste. Pro Se office accepted it. Hope it will work for u. when u get the conformation from post office, it is very detailed. It even contains the Name of the person who recieved it and they do not charge you anything. Good luck
 
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Anyone Filed Suit In Maryland?

Does anyone have a copy of a Pro Se Case for 1447b filed in Maryland? I received the Pro Se package but i am worried about messing it up. I just need to see a format, so that i can get started.

Also, if anyone else has filed suit in Maryland can you relate your experience please?:confused:
 
Hi sksharma,
Different folks may have different opinion in your situation but I would do this becase you have interview on May 18. Try to convey the AUSA to agree on one month extension, explain him why you are asking. If AUSA does not agree tell him to file MTD, usually you have 21 days to respond (depends upon district). Get an extension for filing your counter motion and have your counter motion ready. If you get the good new at the interview, drop your case, otherwise file counter motion and continue with your case.
But it will be very unlikely that you won’t get the good news at the interview. Most of the time the hold up is name check and in your case it is already cleared.
Good luck


In my prayer section i requested court to compel defendants and those acting under them to perform there duty to complete the background checks and render a final decision on the plaintiffs application for naturalization immediately.
 
Hi frustrated_alot,
I filed in Michigan.
You can go to PACER and searched the cases filed in your district, download the cases and use them as start up point. Please keep in mind for citizenship delays; you can file 1447b or 1447b plus WoM, so remember to download the correct stuff.
Always remember to study, study and study that is the only way you could win.
Good Luck.


Does anyone have a copy of a Pro Se Case for 1447b filed in Maryland? I received the Pro Se package but i am worried about messing it up. I just need to see a format, so that i can get started.

Also, if anyone else has filed suit in Maryland can you relate your experience please?:confused:
 
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