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

duck008 said:
Hi,

I filed Pro Se June 19 and got an order to have joint status report on August 14. Sent an email to the USA and got the following response. Please read and advise what to do. How would you proceed with this and would you use a lawyer for this case?

Thanks!!!

------------------------------------------------------
The email from the USA:

"In advance of the Rule 26(f) conference, attached please find a sample 26(f) Joint Status Report prepared by the government and the plaintiff in a case similar to yours. When we have our 26(f) conference, our purpose will be to generate a Joint Status Report of this type, addressing the issues set forth in the Court's Joint Status Report Order.

The government is likely to take the following positions in your case, similar to those set forth in the sample Joint Status Report: that discovery is not required, but that you are entitled to a copy of your administrative file if you so request; that a mediation and trial are not appropriate; and that the government will likely move to dismiss the case.

As you can see in the sample report, however, you will be free to state different positions to the Court if you wish.

Unfortunately, I do not have any new information as to the status of your application and its processing. If I am given any such information I will disclose it to you as soon as possible.

Thank you,"

P.S., see attached sample joint status report.
Click to expand...

Hi duck008,

JSR is a routine step. I'm at the same stage as you. Talked to AUSA on the phone today. He was pretty nice but told me pretty much the same thing as your AUSA mentioned in the email. He sent me the same JSR template as well. Are you also in western district of Washington? Or maybe this is the stand template they are using.

We will have the 26(f) conference tomorrow on phone. Some of the things I will talk about are:

* I agree ADR doesn't apply but the template talks about filing MTD. My AUSA told me he would file an answer so I assume he will change the wording.

* The government is against discovery but I plan to add a paragraph saying that I will request production of documents. This I hope will put some pressure on them. In today's conversation with AUSA, I mentioned in camera review for classified information and he said I can put my opinion in the JSR.

* The government doesn't want to go to trial but I don't want to exclude that option.

* It seems most of the time the government doesn't want a magistrate judge. I have no objection having the case assigned to a magistrate judge.
 
shvili said:
Thank you for posting this report. Can you please post a link to complete document? This is a good doc to use as exhibit in opposing any govern-t exhibit which quotes numbers in nc delays.


Also-a question to all-what is the relationship between FP request and nc process? Initially, FP precludes nc process, but in our case, when CIS requests FP repeated after a law suit is filed? From combined knowledge of this forum, my understanding is, CIS requests to repeat FP AFTER it has nc results and is ready to adjudicate. Please share your knowledge/thoughts...
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The full document is located at
http://judiciary.house.gov/media/pdfs/printers/110th/33313.pdf

I found it on another great resource page:

http://www.shusterman.com/toc-leg.html

CIS told me that my NC request was initiated in April, 2004. I was FP-ed in Dec, 2004 and in April, 2007. No decision yet. So there is no correlation between the two in my case.
 
NC Cleared after nearly 4 years

Yesterday I learnt from the Infopass that my security name check was at last cleared! I filed my WOM this Feb 26, at Boston District. The AUSA filed MTD. I found a lawyer and filed response to MTD. The court ordered defedants to provide statement revealing how my case had been handled, after the AUSA filed the statement my lawyer also filed response to the court. On July 26 the court denied the MTD and ordered the defedants to adjudicate my case within 40 days. The life of I-485 application has been a long heavy testing to me and my family, however at last here comes good news.
 
Big news!

Today I spoke to the paralegal assistant to Mr. Olsen, our AUSA. She informed me that my husband's name check has arrived and it's cleared and the only thing that holds the Adjudicating Officer from adjudication is the FP complete notice which for some reason CIS does not have. My husband had his FP on Saturday so his I-797 form has a stamp of "biometricrs QA Review" with the date and a signature.:) :) :) I asked her about our next week "meet and confer" -whether I should prepare to submit my own consent for ADR and the mag. judge since Mr. Olsen is out of the office till Monday. She said, she expects "everything to be done by Friday so it won't be necessary" I said, just in case it's delayed again, would it help them if we file for extension (as we want as little hassle as possible for their and our own sake")? She thanked me and said, if for some reason they don't get it by Friday, she'll fax my husband an extension letter so that they would nedd to "extend just for may be a couple of weeks" and I said, we'll be happy to extend under the circumstances.

But the plan is" we fax her FP results,they prepare a "stipulation to dismiss" forrm and fax it to my husband. My only thing (which I didn't tell her today as I was just happy to hear the nc news) is, we'll have to disappoint her that we won't drop until CIS adjudicates. We still have to make sure it all works. But hey! Now is the real time to hope for the Big Day! (oath)

An interesting observation: apparently, they really hurry up to close the case even BEFORE CIS updates their FP-Biometrics profile-they just do it for the paper. Also, it does look like the FP is just an "ending touch" in several Naturalization cases, incl. ours, but as Lazycis said, in his case it was done yet the case is still stuck. So it would be interesting to collect more info on this. Perhaps anyone with thoughts on this (FP correlation to stuck nc process) could comment?

angtus said:
Yesterday I learnt from the Infopass that my security name check was at last cleared! I filed my WOM this Feb 26, at Boston District. The AUSA filed MTD. I found a lawyer and filed response to MTD. The court ordered defedants to provide statement revealing how my case had been handled, after the AUSA filed the statement my lawyer also filed response to the court. On July 26 the court denied the MTD and ordered the defedants to adjudicate my case within 40 days. The life of I-485 application has been a long heavy testing to me and my family, however at last here comes good news.
Click to expand...


Angtus,

Cogratulations! You are in similar timeline with us-my husband's nc started almost 4 years ago. Please remind- do you have WOM AOS or 1447? It's bad that in your case you had to get a lawyer to fight more, but then your victory probably is even greater because of it!
 
angtus said:
Yesterday I learnt from the Infopass that my security name check was at last cleared! I filed my WOM this Feb 26, at Boston District. The AUSA filed MTD. I found a lawyer and filed response to MTD. The court ordered defedants to provide statement revealing how my case had been handled, after the AUSA filed the statement my lawyer also filed response to the court. On July 26 the court denied the MTD and ordered the defedants to adjudicate my case within 40 days. The life of I-485 application has been a long heavy testing to me and my family, however at last here comes good news.
Click to expand...

Angtus,

Congratulations on this victory! Did you mean that the court denied the MTD on June 26? Would you mind putting up your court order so others can possibly use in their response to MTDs?
 
shvili said:
Today I spoke to the paralegal assistant to Mr. Olsen, our AUSA. She informed me that my husband's name check has arrived and it's cleared and the only thing that holds the Adjudicating Officer from adjudication is the FP complete notice which for some reason CIS does not have. My husband had his FP on Saturday so his I-797 form has a stamp of "biometricrs QA Review" with the date and a signature.:) :) :) I asked her about our next week "meet and confer" -whether I should prepare to submit my own consent for ADR and the mag. judge since Mr. Olsen is out of the office till Monday. She said, she expects "everything to be done by Friday so it won't be necessary" I said, just in case it's delayed again, would it help them if we file for extension (as we want as little hassle as possible for their and our own sake")? She thanked me and said, if for some reason they don't get it by Friday, she'll fax my husband an extension letter so that they would nedd to "extend just for may be a couple of weeks" and I said, we'll be happy to extend under the circumstances.

But the plan is" we fax her FP results,they prepare a "stipulation to dismiss" forrm and fax it to my husband. My only thing (which I didn't tell her today as I was just happy to hear the nc news) is, we'll have to disappoint her that we won't drop until CIS adjudicates. We still have to make sure it all works. But hey! Now is the real time to hope for the Big Day! (oath)

An interesting observation: apparently, they really hurry up to close the case even BEFORE CIS updates their FP-Biometrics profile-they just do it for the paper. Also, it does look like the FP is just an "ending touch" in several Naturalization cases, incl. ours, but as Lazycis said, in his case it was done yet the case is still stuck. So it would be interesting to collect more info on this. Perhaps anyone with thoughts on this (FP correlation to stuck nc process) could comment?




Angtus,

Cogratulations! You are in similar timeline with us-my husband's nc started almost 4 years ago. Please remind- do you have WOM AOS or 1447? It's bad that in your case you had to get a lawyer to fight more, but then your victory probably is even greater because of it!
Click to expand...




shvilli

I don't know how fingerprinting is related to Namechecks. My AOS has been pending for close to 3 years - I never even got a notice for fingerprinting or biometrics!
 
Duck008,
From reading the sample JSR I just have couple of comments:
I would rephrase the plaintiff position where he talked about "resolving through filing motions" to something like:
Plaintiff expects his case to be resolved through defendants' completion of his background checks and all other steps CIS must take upon receipt of results of those checks, or in alternative by the decision of this honorable judge. Therefore, Plaintiff's position is that motions alone would not resolve this delay.

I would further propose a specific discovery steps, (like it was advised before by Paz and other members) ex: in addition to your A-file you should request FBI timeline in processing you nc/other file; declaration of FBI rep regarding you delays (why it was not processes in "first-come first serve" but instead pulled our of their line and delayed indefinitely) a Cis report of steps completed in reference to your case.

Also, even though I haven't gone to this step myself, but from seeing other cases I agree with W&W that this JSR is quite routine so don't get scared yet;) You can just file your positions in that joint statement. (And IMHO no need to hire an attorney yet)

duck008 said:
Hi,

I filed Pro Se June 19 and got an order to have joint status report on August 14. Sent an email to the USA and got the following response. Please read and advise what to do. How would you proceed with this and would you use a lawyer for this case?

Thanks!!!

------------------------------------------------------
The email from the USA:

"In advance of the Rule 26(f) conference, attached please find a sample 26(f) Joint Status Report prepared by the government and the plaintiff in a case similar to yours. When we have our 26(f) conference, our purpose will be to generate a Joint Status Report of this type, addressing the issues set forth in the Court's Joint Status Report Order.

The government is likely to take the following positions in your case, similar to those set forth in the sample Joint Status Report: that discovery is not required, but that you are entitled to a copy of your administrative file if you so request; that a mediation and trial are not appropriate; and that the government will likely move to dismiss the case.

As you can see in the sample report, however, you will be free to state different positions to the Court if you wish.

Unfortunately, I do not have any new information as to the status of your application and its processing. If I am given any such information I will disclose it to you as soon as possible.

Thank you,"

P.S., see attached sample joint status report.
Click to expand...
 
imhrb said:
shvilli

I don't know how fingerprinting is related to Namechecks. My AOS has been pending for close to 3 years - I never even got a notice for fingerprinting or biometrics!
Click to expand...

Perhaps I should rephrase my thought: From seeing several members posts re FP notice and concurrent clearance of nc (which also apparently happened in my husband's case), it would be interesting to see how many people also got a FP notice AFTER they filed a law suit and if it did/did not coincide with their nc clearance. If it did coincide, was nc cleared shortly afterwards or was there a pendind delay, like in Lazycis case?

You see, the fact that you got no FP invitation doesn't disprove any correlation between FP and nc after law suit is filed (-I assume, you filed already) If anything, it may be a sign that they are not yet ready to act and so they don't request new FP.

But I hope your case moves along and you get your nc cleared soon!
 
shvili said:
Today I spoke to the paralegal assistant to Mr. Olsen, our AUSA. She informed me that my husband's name check has arrived and it's cleared and the only thing that holds the Adjudicating Officer from adjudication is the FP complete notice which for some reason CIS does not have. My husband had his FP on Saturday so his I-797 form has a stamp of "biometricrs QA Review" with the date and a signature.:) :) :) I asked her about our next week "meet and confer" -whether I should prepare to submit my own consent for ADR and the mag. judge since Mr. Olsen is out of the office till Monday. She said, she expects "everything to be done by Friday so it won't be necessary" I said, just in case it's delayed again, would it help them if we file for extension (as we want as little hassle as possible for their and our own sake")? She thanked me and said, if for some reason they don't get it by Friday, she'll fax my husband an extension letter so that they would nedd to "extend just for may be a couple of weeks" and I said, we'll be happy to extend under the circumstances.

But the plan is" we fax her FP results,they prepare a "stipulation to dismiss" forrm and fax it to my husband. My only thing (which I didn't tell her today as I was just happy to hear the nc news) is, we'll have to disappoint her that we won't drop until CIS adjudicates. We still have to make sure it all works. But hey! Now is the real time to hope for the Big Day! (oath)

An interesting observation: apparently, they really hurry up to close the case even BEFORE CIS updates their FP-Biometrics profile-they just do it for the paper. Also, it does look like the FP is just an "ending touch" in several Naturalization cases, incl. ours, but as Lazycis said, in his case it was done yet the case is still stuck. So it would be interesting to collect more info on this. Perhaps anyone with thoughts on this (FP correlation to stuck nc process) could comment?
Click to expand...




Shvilli,
Great News! Congrats. I am certainly hoping this is the case, I have my FP scheduled soon. Still dont know if NC cleared, only got letter from FBI (first lady response) that NC was finalised and sent to USCIS. Does finalised mean cleared ?
 
samhad10 said:
well 120 day remand
is good i went thru the same process......15 days before remand day was going to be up.....i found out thru customer service USCIS has approved and uscis lawyers filed case to dismidd as they had an exhibit copy tht shws m uscis approved my case ....so be patience....u almost their...iam waiting for oath which is in the process of being set up around sept 6th....:) ....
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Congratulations again, your wait now is a good type of wait (not for "if they do it" but "when they do it":) ) Did you have to sign Stipulation to dismiss? Or did you say you'd dismiss after you're naturalizad?

ournyla said:
hi people,

atlast name check is cleared. I have given fingerprint again. But concerning thing is that hey are reinterviewing me.
Click to expand...

Congratulations! Please update on your interview outcome, hope it was easy!
Good luck!
 
lotechguy said:
Shvilli,
Great News! Congrats. I am certainly hoping this is the case, I have my FP scheduled soon. Still dont know if NC cleared, only got letter from FBI (first lady response) that NC was finalised and sent to USCIS. Does finalised mean cleared ?
Click to expand...
Lo,

Thank you for your support! I definitely think your "finalize" means "cleared"-look at the posts from 2 pages ago! I guess that's the lang they now use... just to confuse us more:( . And it's really bad- our AUSA kept mum until the last moment -why couldn't they call earlier and simply say that the nc got cleared??? No, they waited till they needed us to re-send the form:mad:! Just get the FP done and wait for just a few days-our AUSA paralegal said they may be ready to send stipulation by Friday. Hopefully your attorney will squeeze them for answers right away after you finish your FPs!
 
Thank you for your advise but there is a risk if i do not accept the offer.

shvili said:
Congratulations!!! that's a great victory!
The only concern I have- in a case like yours, your district court ruling is going to be used as precedent for similar cases, but since your appeal has technically terminated once the case is resolved, your Appeals court registered no ruling in your case, so there's no precedent to counter the one you lost. Paz and other seniors, is it right? If so, for the benefit of others it may be better not to dismiss the case and let the judge rule? But I don't expect you to be so altruistic and also you may have to dismiss because CIS agreement to act may lead judge to dismiss your case with no meaningful instructions. In that case, you won't reach an objective (to set another Appeals precedent) any way.

Nifty, the above is purely a rhetorical question, -again, I don't mean you should keep your appeals case alive just to get the judge to rule. I just really wonder what happens in a situation like this in terms of setting precedent...:confused:
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If I do not accept the offer, I may lose the case, it will take longer, the District Court Rules, required you plea bargain-and if the plea bargain is not reach to your interest then you can refuse to dissmiss. ---remember they can go to the court and said we completed the background check and we gave him want he want, what the reasons he do not comply with the court rules. and I will be left with not good arguement. you must follow the court rules otherwise the court can dismss the case and remand the case back to cis to continue adjudiction your case and there will be no hearing. This is because of the econom to the court. --- So refusing the offer will be hurting me not them,

The only thing is i told the US attorney i wont dismiss the case untill-after the ceremony, once the ceremony is completed and you are sworn -- there is nothing they can do my friends.

Second, Defendant once enter into agreement with plaintiff and palintiff notify the court the nature of the argreement. Defendant can not negate on there promose they will be introuble with the court. -- they can not play fast and lose with the court, it is against the law. The court will see it thru that defendant tricked the Plaintiff to drop the case. so he can denied his application without releif, this will be contrary to Court Rules again and it will be a breach of contract.

You see my friends, your idea is good, but Court Rules must be followed, if you do not comply with the court rules, the court might dismiss your case because, the defendants have remove the ALL the claims against them by giving you what you want.-the court will rule your case as moot

Third, If i do not dissmiss the case, remember, How Appeal Court and Supreme Court works, they do not have to listen to your case en banc and make another precedent. They can send summary judgement, unless one of the judge want the case to be heard en banc, then they will do it. especial if the case needs the answer that will affect thaousands of people who are insimilar situation. or if there is split decision within the court or if the decision have not been decided before by the court of the appeal and coustitution issue must be address explicitly to create uniformty within Courts, You see my friends, there is not guarantee Court of Appeal wil make another precedents -- they can send a summary judgement and order the defendants to adjudicate the case withing specific time and report to the court the case have been resolve . For the econom of the court, supreme court do the same, not all the decision must be heard en banc and created precedents. Some judgement are simply summary judgement based on previsiouly precedents. but for sure your case will be determined one way or another once you appeal -- en banc or thru summary judgment. it is court exclusively decision on how they will render the decision.
 
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lotechguy said:
Shvilli,
Still dont know if NC cleared, only got letter from FBI (first lady response) that NC was finalised and sent to USCIS. Does finalised mean cleared ?
Click to expand...

Strictly speaking, FBI is correct when they used the word "finalised" and this is not necessary means "cleared". The key is in the document posted by lazycis couple of postings ago (the congressional hearing about the immigration fee increases): "..the FBI provides USCIS with factual information and does not participate in the adjudicative process. Such information may have an impact on the final adjudication of the case..."

This is similar when you want to buy a car and you apply for a loan at the bank. The bank will ask a credit reporting agency about your credit history, but the agency will not clear you for the loan, they don't make the decision. The decision is made by the bank, using the report form the agency (among other things).
 
shvili, that is great news for your husband! Hope that we can congratulate him (and of course, you) pretty soon.

In my case I got the 2nd FP appointment for Dec. 26, 2006 and the my N-400application was adjudicated on Jan. 10, 2007. AUSA told me the good news only on Jan. 22, two days before the 30 day extension expired. I don't know if the name check was already cleared when they sent me the invitation fo the 2nd FP, but in my case I believe that there was a correlation between the NC and 2nd FP.
 
angtus said:
Yesterday I learnt from the Infopass that my security name check was at last cleared! I filed my WOM this Feb 26, at Boston District. The AUSA filed MTD. I found a lawyer and filed response to MTD. The court ordered defedants to provide statement revealing how my case had been handled, after the AUSA filed the statement my lawyer also filed response to the court. On July 26 the court denied the MTD and ordered the defedants to adjudicate my case within 40 days. The life of I-485 application has been a long heavy testing to me and my family, however at last here comes good news.
Click to expand...

Congratulations! Hopefully the end of the tunnel is close for you. And thanks again for sharing your case with us, it did help me big time!
 
shvili said:
Today I spoke to the paralegal assistant to Mr. Olsen, our AUSA. She informed me that my husband's name check has arrived and it's cleared and the only thing that holds the Adjudicating Officer from adjudication is the FP complete notice which for some reason CIS does not have. My husband had his FP on Saturday so his I-797 form has a stamp of "biometricrs QA Review" with the date and a signature.:) :) :)
Click to expand...

Shvili,
This is big news! Definitely your efforts paid off. Looking back, would not you wish that you'd filed a civil action a lot sooner, huh? Anyway, congratulations!!!
 
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