You should file a WOM. WOM is tougher than a 1447b where you have already been interviewed. Walji case is 1447b but neverthless is a very good precedent for your area. If you need an attorney contact Swaim in Dallas.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
You should file a WOM. WOM is tougher than a 1447b where you have already been interviewed. Walji case is 1447b but neverthless is a very good precedent for your area. If you need an attorney contact Swaim in Dallas.
Hi Lazycis, Judge wants a conference call between him, me, and AUSA next Thursday. I am freaking out, thinking of hiring attorney. Can I do it at this stage? I do not feel comfortable discussing all these legal issues over the phone with Judge, besides, I have got an accent, so Judge might freak out as well.
What kind of conversation it might be? What do you think?
Best, Oskar
What kind of conversation it might be? What do you think?
Best, Oskar
Yep they did.... :-0)
Oskar, just relax. It's just a conference call to schedule various motions. Speak slowly and confidently and don't be afraid to let the judge know any concerns you have on your side. You can bring in an attorney at any point in the case.
Thank you soooo much for your advice and encouragement, Lasycis.
I do not have the electric version of the reply brief. I am wondering where I can find it. They sent it to me by post mail. I could copy and mail it to you if you gave me a address. Do you like me scan it? There is only 18 pages in total.
I do appreciate your great help.
Xiaocao
N400-Misery
Registered Users (C)
Lotechguy
Thanks for your reply .. Can you briefly tell me the difference between the WOM and the 1447B (I thought they were one and the same)..
Additionally, can you provide the full name of the attorney in Dallas.
Thanks
Thanks for your reply .. Can you briefly tell me the difference between the WOM and the 1447B (I thought they were one and the same)..
Additionally, can you provide the full name of the attorney in Dallas.
Thanks
Thanks for the resources
Hi all,
This is my first time posting here but I've been reading this forum for awhile. I just want to thank you all, especially Publicus, for sharing great information with us. Without you guys I would not have filed the petition to move my case. I have just received a letter from the US Attorney to dismiss my 1447b petition in order for USCIS to adjudicate. There's a clause in the motion for USCIS to adjudicate within 10 days of filing of the stipulation so I'm in great shape now! I just mailed the signed motion back to the attorney last night so hopefully he will get it soon and file it, and I can receive a notice for oath ceremony ASAP.
So, once again, thank you for this great thread and information. I'm sure those of you who are suing will get an answer soon. It appears to me that they are very efficient with a suit against them. To others who are still thinking, DO IT! It's worth it!
Hi all,
This is my first time posting here but I've been reading this forum for awhile. I just want to thank you all, especially Publicus, for sharing great information with us. Without you guys I would not have filed the petition to move my case. I have just received a letter from the US Attorney to dismiss my 1447b petition in order for USCIS to adjudicate. There's a clause in the motion for USCIS to adjudicate within 10 days of filing of the stipulation so I'm in great shape now! I just mailed the signed motion back to the attorney last night so hopefully he will get it soon and file it, and I can receive a notice for oath ceremony ASAP.
So, once again, thank you for this great thread and information. I'm sure those of you who are suing will get an answer soon. It appears to me that they are very efficient with a suit against them. To others who are still thinking, DO IT! It's worth it!
1447(b) refers to the statute 8 U.S.C. 1447(b) which empowers a district court to naturalize an alien when USCIS has failed to adjudicate the petition 120 days after the interview. Therefore in order to invoke 1447(b) one has to have an interview.
WoM could be filed even if an interview has not happened. For a WoM one has to prove that the delay is unreasonable and/or unlawful.
congratulations !
congratulations !! glad everything went smothly in your case.
Could you tell me how long it took USA to send your the answer after you filed ?
congratulations !! glad everything went smothly in your case.
Could you tell me how long it took USA to send your the answer after you filed ?
MTD hearing today
I went to my MTD hearing today. The judge took the case under advisement and will issue an opinion on it. He seemed overwhelmed when the AUSA gave him 5 recent cases in our district where similar cases have been dismissed for lack of subject matter jurisdiction. But overall he did not show any sign of leniency towards either way so I have to wait and see.
The hard part was that I was not allowed to speak in the court since I had an attorney
. For the next step, (if MTD is granted) I plan to do it myself and rely on the help I would get from the appellant members especially Lazycis.
Lazycis,
1- what can I do to prepare for the appeal during the week that judge is writing his opinion?
2- Is the dockets of the appeal cases also available online? So that we can download and look at the briefs, etc...
I went to my MTD hearing today. The judge took the case under advisement and will issue an opinion on it. He seemed overwhelmed when the AUSA gave him 5 recent cases in our district where similar cases have been dismissed for lack of subject matter jurisdiction. But overall he did not show any sign of leniency towards either way so I have to wait and see.
The hard part was that I was not allowed to speak in the court since I had an attorney
. For the next step, (if MTD is granted) I plan to do it myself and rely on the help I would get from the appellant members especially Lazycis. Lazycis,
1- what can I do to prepare for the appeal during the week that judge is writing his opinion?
2- Is the dockets of the appeal cases also available online? So that we can download and look at the briefs, etc...
E.D Michigan
Thanks.
It has been a little over a month since I filed. This particular USA was pretty quick and sounded very nice and professional. Hope everything went well for you too. Are you in the process of filing? Sorry I don't remember everybody's case here
Thanks.
It has been a little over a month since I filed. This particular USA was pretty quick and sounded very nice and professional. Hope everything went well for you too. Are you in the process of filing? Sorry I don't remember everybody's case here
thanks, that was quick. I filed on sep 5th 1447(b) as well. Next week I'll call USA to ask if ther's anything else i can do for him
thanks, that was quick. I filed on sep 5th 1447(b) as well. Next week I'll call USA to ask if ther's anything else i can do for him
Nice. Good luck!!
Final trial conference
HELP Lazycis!!!! Or anybody who knows
On Sep 4. I submitted interragatories with list of the quite standart questions listed on wiki and here in this forum. Today we got a reply "General Objections" from defendants. Under each of our questions was Objection as: "In addition to the general objections set out above, this interrogatory seeks the disclosure of information which is priveledged as a matter of the law enforcement privilege, the official information privilege, the deliberative process privilege, the attorney-client privilege, the work product doctrine, and, in the event that information classified under the appropriate Executive Order may be involved, the secrets of state".
Also,:
"this interrogatory is also subject to objection because it assumes facts that are not in evidence - that there is derogatory information about Plaintiffs that prevents USCIS from adjudicating their application"
That is the totaly untrue, cause during the discovery we got information that both of our name had a "hit" in the system and need additional manuall process by the agency.
And last,
"This interrogatory is objected to for the additional reason that responding to it would give the plaintiff the ultimate relief sought in this case prior to any adjudication that they are entitled to the relief".
That is absolutly TRUE.
I also spoke with AUSA today before I got this respond and he told me openly that if we will require presentation of the witness from FBI it will really going to move that to do something. But if court permit us to do so, we may call FBI Supervisory Special Agent M.Cannon.
So, my questions now, what should we do? Do we need to file a respond? What kind of format? How to call a witness? I suppose it's subpoena... but what is the procedure to do it. Do I need just personally make a call to Cannon? Or I can file it administrativly through the court?
Thank you!!!!
HELP Lazycis!!!! Or anybody who knows
On Sep 4. I submitted interragatories with list of the quite standart questions listed on wiki and here in this forum. Today we got a reply "General Objections" from defendants. Under each of our questions was Objection as: "In addition to the general objections set out above, this interrogatory seeks the disclosure of information which is priveledged as a matter of the law enforcement privilege, the official information privilege, the deliberative process privilege, the attorney-client privilege, the work product doctrine, and, in the event that information classified under the appropriate Executive Order may be involved, the secrets of state".
Also,:
"this interrogatory is also subject to objection because it assumes facts that are not in evidence - that there is derogatory information about Plaintiffs that prevents USCIS from adjudicating their application"
That is the totaly untrue, cause during the discovery we got information that both of our name had a "hit" in the system and need additional manuall process by the agency.
And last,
"This interrogatory is objected to for the additional reason that responding to it would give the plaintiff the ultimate relief sought in this case prior to any adjudication that they are entitled to the relief".
That is absolutly TRUE.
I also spoke with AUSA today before I got this respond and he told me openly that if we will require presentation of the witness from FBI it will really going to move that to do something. But if court permit us to do so, we may call FBI Supervisory Special Agent M.Cannon.
So, my questions now, what should we do? Do we need to file a respond? What kind of format? How to call a witness? I suppose it's subpoena... but what is the procedure to do it. Do I need just personally make a call to Cannon? Or I can file it administrativly through the court?
Thank you!!!!
Arghhhh. Tough district. About 5 MTD's granted in the last 3 months. Be ready to file an appeal.
This is standard stuff. I had the same or similar response from USCIS.
A hit is not necessarily derogatory. If a hit is derogatory then they would have denied your benefit. A hit can be derogatory or Matter Of Opinions (tickets, witness etc). That's why the name check is delayed so much. They have to determine whether it is derogatory or not.
I don't know what you asked for this response.
What exactly are you trying to accomplish ? There's nothing that Michael Cannon is going to tell you in the court. Just file Motion for Summary Judgment. You are never going to prove where your name check is stuck. It's probably in the dissemination section just like everybody else flagged as "routine with no deadlines".
nastena
First of all, I've never done this so my advice would be theoretical. Here is how I see it based on FRCP rule 45.
You should get a subpoena form from the clerk. Or you can fill a form online and just have clerk sign it. Here is the form:
http://www.arwd.uscourts.gov/go/forms/ao88
I'm not sure how far you are in a discovery process so you may already have this info, but I'd prepare two subpoenas - for USCIS (to the director of service center) and for FBI (nncp section chief Mr. Cannon).
From USCIS, request all administrative records related to processing of your application. In particular, request affidavit stating whether procedures defined in 8 CFR § 103.2(b)(18) have been followed to withhold adjudication of your AOS application. All documents related to the reviews of your application as required by 8 CFR § 103.2(b)(18).
To FBI - subpoena all administrative records related to processing of your name check. In particular, affidavit stating dates and actions taken, how many hits where associated with your name and detailed information about hits (whether information information related to those hits stored in electronic, paper or other form, where the information is located, how many hits where resolved to date and how many of the resolved hits are identified as belonging to your name (resulted in Ident.)).
First of all, I've never done this so my advice would be theoretical. Here is how I see it based on FRCP rule 45.
You should get a subpoena form from the clerk. Or you can fill a form online and just have clerk sign it. Here is the form:
http://www.arwd.uscourts.gov/go/forms/ao88
I'm not sure how far you are in a discovery process so you may already have this info, but I'd prepare two subpoenas - for USCIS (to the director of service center) and for FBI (nncp section chief Mr. Cannon).
From USCIS, request all administrative records related to processing of your application. In particular, request affidavit stating whether procedures defined in 8 CFR § 103.2(b)(18) have been followed to withhold adjudication of your AOS application. All documents related to the reviews of your application as required by 8 CFR § 103.2(b)(18).
To FBI - subpoena all administrative records related to processing of your name check. In particular, affidavit stating dates and actions taken, how many hits where associated with your name and detailed information about hits (whether information information related to those hits stored in electronic, paper or other form, where the information is located, how many hits where resolved to date and how many of the resolved hits are identified as belonging to your name (resulted in Ident.)).
lazycis, we all know the answer to all those questions right. Either it is law enforcement privilege or the statistics are not easily obtained from the current system. But I like the 103.2(b)(18) stuff. Yeah ask for a sworn statement from USCIS as to whether it was followed.