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

thank you for your quik answer but now i m not in my city i m in vavaction so i shout email susa the send me any paper to sign it my email and i will sing it and fax it can i do that
 
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greenpea

Now you have to start discovery and prove that the delay is unreasonable. Your case was not dismissed. You have to prepare and send a discovery request to AUSA.
 
discovery template

Use attached file to initiate discovery. Discovery request is usually sent by certified mail to AUSA. No need to file it with the court, I believe.
 
Your best bet would be to contact attorneys leading several class actions in Northern California district, for example

CECILLIA D. WANG (CSB #187782)
LUCAS GUTTENTAG (CSB #90208)
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
39 Drumm Street
San Francisco, CA 94111
Telephone: (415) 343-0775
Facsimile: (415) 395-0950
Email: CWang@aclu.org
 
greenpea

Check your local rules, but my understanding is that you do not need to wait for rule 26 conference if AUSA will cooperate. You may contact your AUSA and ask her opinion regarding your discovery request. If she resists, you will have to wait for the conference.
 
lazycis said:
You may send a discovery request to AUSA even though in 1447b case all you need to prove is that interview happened more than 120 days ago. You can actually request a copy of your A-file as part of discovery. You can request the USCIS to provide it within 30 days. AGC4Me went thru this process. If you need a template, let me know.
Click to expand...

Thank you again Lazycis, and I saw you posted the template also.

I'm a little confused about when to request for Discovery. Greenpea's post looks like a Discovery should only be filed after some negative reponses such as MTD or denial of motion for summary judgement...

is the Discovery the step right before the trial? i.e. if I file it, it means I'm asking for a trial? Should I ask for a trial or try to avoid it?

Thanks again!
 
Check rules 26 and 34 FRCP. Discovery/request for production of documents can be made at any time after the complaint is filed basically.
 
Retaliation by USCIS ?

I mean if you sue USCIS will they try to pain you ? Like dragging on the AP application or just approve the primary and then drag on secondary's case,
ask for payslips of every month for the last 7 years, produce copy of all I-94 for the past 7 years, provide proof that one did timely address change in the last 7 years etc. ?
 
If they do something like that, you can sue them again. Everything is possible, but let's not be paranoid. I have not heard such horror stories on this forum. mt100 did get a visit from FBI agent, but it was not that bad.
 
nastena said:
I went through discovery. I requested discovery from both FBI and USCIS. I one-two weeks we received respond from both. USCIS send us entire A-file. However, it's included just info you submitted to them during years of your application for GC. FBI reply with couple screen shots with some unsignificant info. But you can request more info after that. We insisted that ther is not enough info to move to the trial and submitted list of the questions (you can find it in this tread). We never move for subpoena, because we got our case approved. But I was ready to file it.
Click to expand...

Nastena,

Thank you very much. So the purpose of requesting Discovery is to avoid trial, right?
 
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