TLongTLong
Registered Users (C)
Thanks Hiram! That is wonderful!
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
phuzzypeach
Registered Users (C)
Thank you so much!
This info is very helpful!
This info is very helpful!
The AUSA was right, the correct way of serving the US Government is described in FRCP, Rule 4.1 (i), which states:
(1) Service upon the United States shall be effected
(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and
(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and
(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.
Can you check NSC? I'm in there.
I mean, in one of the forum threads.
Start from this : http://boards.immigration.com/showthread.php?t=200051&pp=15&page=436 for TSC .
But for NSC the rate is low ( from the forum posting) : http://boards.immigration.com/showthread.php?t=227329&page=106
Got AUSA's Answers to my WOM Complaint
Let me start with thanking every on in this forum for their tremendous help in bringing hope to people in the dark.
I spent much time reading the messages on this board. Encouraged by the detailed instructions, I filed my WOM for I-485 pro se on September 7, 2007 in the Northern California District. Yesterday I got AUSA's answer to my complaint and the Judge's order on Setting Case Management Conference.
There are quite a few things that I am not sure at this stage. I would like to have your expert opinions on my following questions. Thank you very much in advance.
My basic situations:
1)I-140 submitted 10/2003, approved 2/2005
2)I-485 submitted 1/2005 to CSC, transferred to NSC 3/2007, still stuck on name check
3) WOM filed sept/6/2007 (CAND, pro se), got answer yesterday.
My questions:
1) I assume that the AUSA's answer is not MTD? They pretty much denied every allegations in my complaint. What should I do to their answer? Should I write an answer to their answer?
2) The judge ordered to set Case Management Conference on Dec. 13. Does that mean that I need to be in the court together with the Judge and the AUSA?
3) The judge's order also required the counsels to meet before the Case Management Conference and come up with a joint case management statement no later than Dec. 6. What do I need to do for the joint statement? Should I contact AUSA or just wait until she calls me first? What should I do to the AUSA's answers and the judge's order?
I was trying to find answers to those questions by myself but couldn't find related info in this forum. Your advices would be highly appreciated. I also uploaded the answer and the order for your reference. Good luck to every one who is struggling with NC.
Let me start with thanking every on in this forum for their tremendous help in bringing hope to people in the dark.
I spent much time reading the messages on this board. Encouraged by the detailed instructions, I filed my WOM for I-485 pro se on September 7, 2007 in the Northern California District. Yesterday I got AUSA's answer to my complaint and the Judge's order on Setting Case Management Conference.
There are quite a few things that I am not sure at this stage. I would like to have your expert opinions on my following questions. Thank you very much in advance.
My basic situations:
1)I-140 submitted 10/2003, approved 2/2005
2)I-485 submitted 1/2005 to CSC, transferred to NSC 3/2007, still stuck on name check
3) WOM filed sept/6/2007 (CAND, pro se), got answer yesterday.
My questions:
1) I assume that the AUSA's answer is not MTD? They pretty much denied every allegations in my complaint. What should I do to their answer? Should I write an answer to their answer?
2) The judge ordered to set Case Management Conference on Dec. 13. Does that mean that I need to be in the court together with the Judge and the AUSA?
3) The judge's order also required the counsels to meet before the Case Management Conference and come up with a joint case management statement no later than Dec. 6. What do I need to do for the joint statement? Should I contact AUSA or just wait until she calls me first? What should I do to the AUSA's answers and the judge's order?
I was trying to find answers to those questions by myself but couldn't find related info in this forum. Your advices would be highly appreciated. I also uploaded the answer and the order for your reference. Good luck to every one who is struggling with NC.
parsfalcon
Registered Users (C)
my court finally ruled on my N-400!!!
Hi Lazycis and paz1960;
my judge finally ruled after more than 120 days of last document filing by both parties. It's funny that as soon as I refer to local rules L.R.83-9 reminding the court that the court has to decide within 120 days of last filing and requested a hearing, they immidiately sent me the decision, dated as the same date that I went to the court and submitted the petition for hearing!
I think they play games with people and I'm losing my trust in the justice system! They seem to be in accordance with the AUSA rather than upholding the laws and taking side with victims, at least it feels like this in my case.
I attached the history of my case and judge's ruling for anyone interested.
My question is that the judge gave 120 days to government to act. Is this normal? how do you interpret it? Thanks.
parsfalcon
Hi Lazycis and paz1960;
my judge finally ruled after more than 120 days of last document filing by both parties. It's funny that as soon as I refer to local rules L.R.83-9 reminding the court that the court has to decide within 120 days of last filing and requested a hearing, they immidiately sent me the decision, dated as the same date that I went to the court and submitted the petition for hearing!
I think they play games with people and I'm losing my trust in the justice system! They seem to be in accordance with the AUSA rather than upholding the laws and taking side with victims, at least it feels like this in my case.
I attached the history of my case and judge's ruling for anyone interested.
My question is that the judge gave 120 days to government to act. Is this normal? how do you interpret it? Thanks.
parsfalcon
Hi;
This rule states 120 days after the last filing. There might be something similar in your state. I'd suggest go to your district website (or office) and look for your local rules or talk to your court's clerk.
parsfalcon
Let me start with thanking every on in this forum for their tremendous help in bringing hope to people in the dark.
I spent much time reading the messages on this board. Encouraged by the detailed instructions, I filed my WOM for I-485 pro se on September 7, 2007 in the Northern California District. Yesterday I got AUSA's answer to my complaint and the Judge's order on Setting Case Management Conference.
There are quite a few things that I am not sure at this stage. I would like to have your expert opinions on my following questions. Thank you very much in advance.
My basic situations:
1)I-140 submitted 10/2003, approved 2/2005
2)I-485 submitted 1/2005 to CSC, transferred to NSC 3/2007, still stuck on name check
3) WOM filed sept/6/2007 (CAND, pro se), got answer yesterday.
My questions:
1) I assume that the AUSA's answer is not MTD? They pretty much denied every allegations in my complaint. What should I do to their answer? Should I write an answer to their answer?
2) The judge ordered to set Case Management Conference on Dec. 13. Does that mean that I need to be in the court together with the Judge and the AUSA?
3) The judge's order also required the counsels to meet before the Case Management Conference and come up with a joint case management statement no later than Dec. 6. What do I need to do for the joint statement? Should I contact AUSA or just wait until she calls me first? What should I do to the AUSA's answers and the judge's order?
I was trying to find answers to those questions by myself but couldn't find related info in this forum. Your advices would be highly appreciated. I also uploaded the answer and the order for your reference. Good luck to every one who is struggling with NC.
1) You are right the answer is not MTD. You do not have to do anything to their answer. There is no such thing as an answer to answer. You filed a complaint and they filed an answer.
2) It usually is a phone conference. Check with the Judge's clerk.
3) Always be proactive. The AUSA has no interest in your case unless you call and pester. So on Monday give the AUSA a call and tell her how you want to proceed. Use the request for documents template that lazycis has posted and tell the AUSA that you want to do discovery. If the AUSA cooperates fine if not then ask him/her how they want to proceed.
N400-Misery
Registered Users (C)
Rcvd letter from USCIS
I called the USCIS 800 number few days back and insisted to speak with an IO. So, here it was.. a nice lady with the name of Ms. Huffman who claimed to be an IO. I inquired about the status of my pending N400. She gave me the normal answer (Pending Name Check). I asked why? She said your native country does not cooperate very well with the FBI. I said I know over 10 other folks from the same country who became citizens and it only took them about 3 -4 months and it was in 2007. Are you telling me that my native country was willing to help for the others and not for me. She paused for few seconds and said: I don't really know how they do it..
I asked to expedite my NC based on the medical condition of my elderly mother who deserves to come and live with me and to receive the best care possible. The answer was OK! I will submit your request to the TSC. Few days later I received a letter from the USCIS stating that the expedite request has been "assigned to an officer for review"..
My question is: is this another game to buy some more time or is this real?
Will they send me another letter with a decision, or possibly ask for more documents about my mom's condition?
Any one else had the same experience?
Thanks
===========================
N400
PD 11/08/06
FP 12/08/06
ID ???????
I called the USCIS 800 number few days back and insisted to speak with an IO. So, here it was.. a nice lady with the name of Ms. Huffman who claimed to be an IO. I inquired about the status of my pending N400. She gave me the normal answer (Pending Name Check). I asked why? She said your native country does not cooperate very well with the FBI. I said I know over 10 other folks from the same country who became citizens and it only took them about 3 -4 months and it was in 2007. Are you telling me that my native country was willing to help for the others and not for me. She paused for few seconds and said: I don't really know how they do it..
I asked to expedite my NC based on the medical condition of my elderly mother who deserves to come and live with me and to receive the best care possible. The answer was OK! I will submit your request to the TSC. Few days later I received a letter from the USCIS stating that the expedite request has been "assigned to an officer for review"..
My question is: is this another game to buy some more time or is this real?
Will they send me another letter with a decision, or possibly ask for more documents about my mom's condition?
Any one else had the same experience?
Thanks
===========================
N400
PD 11/08/06
FP 12/08/06
ID ???????
....... I inquired about the status of my pending N400. She gave me the normal answer (Pending Name Check). I asked why? She said your native country does not cooperate very well with the FBI. I said I know over 10 other folks from the same country who became citizens and it only took them about 3 -4 months and it was in 2007. Are you telling me that my native country was willing to help for the others and not for me. She paused for few seconds and said: I don't really know how they do it..
...............
I have a question here. If FBI is waiting for an answer from one's native country, how does WOM help in this case ?
Hi Lazycis and paz1960;
my judge finally ruled after more than 120 days of last document filing by both parties. It's funny that as soon as I refer to local rules L.R.83-9 reminding the court that the court has to decide within 120 days of last filing and requested a hearing, they immidiately sent me the decision, dated as the same date that I went to the court and submitted the petition for hearing!
I think they play games with people and I'm losing my trust in the justice system! They seem to be in accordance with the AUSA rather than upholding the laws and taking side with victims, at least it feels like this in my case.
I attached the history of my case and judge's ruling for anyone interested.
My question is that the judge gave 120 days to government to act. Is this normal? how do you interpret it? Thanks.
parsfalcon
Giving the government another 120 days is not unusual. That's better than no deadline at all.
WOM filed, need some insight.
Thanks for this forum and the valuable information.
Filed a WOM for my extremely delayed I-485 (marriage based to a USC). Filed in April 2002, AOS interview in May 2005. Everything went well, but pending security checks. Over the past 2 years and 6 months, went several times to the DO, contacted my senator, congresswoman and the response always the same pending security checks. Contacted the local FBI and in DC this summer and to my big surprise, name check has been cleared in 2003. After reading several threads in this forum, I filed a Mandamus suit on Oct9. the judge set a conference Dec4. By miracle, I got mail from USCIS. The first was to go to fingerprints last week and the second for an interview next week. I have some questions and will appreciate your insight.
1) Why this interview again? Is it normal or retaliation since I already have one with my USC spouse and everything went well? What should I expect?
2) Does this interview a USCIS tactic to stall?
3) Should I contact the AUSA now and complain about?
4) No answer to my complaint, no contact from the the AUSA, is it normal?
5) Is it a good sign that the judge set a conference?
Thanks so much
Thanks for this forum and the valuable information.
Filed a WOM for my extremely delayed I-485 (marriage based to a USC). Filed in April 2002, AOS interview in May 2005. Everything went well, but pending security checks. Over the past 2 years and 6 months, went several times to the DO, contacted my senator, congresswoman and the response always the same pending security checks. Contacted the local FBI and in DC this summer and to my big surprise, name check has been cleared in 2003. After reading several threads in this forum, I filed a Mandamus suit on Oct9. the judge set a conference Dec4. By miracle, I got mail from USCIS. The first was to go to fingerprints last week and the second for an interview next week. I have some questions and will appreciate your insight.
1) Why this interview again? Is it normal or retaliation since I already have one with my USC spouse and everything went well? What should I expect?
2) Does this interview a USCIS tactic to stall?
3) Should I contact the AUSA now and complain about?
4) No answer to my complaint, no contact from the the AUSA, is it normal?
5) Is it a good sign that the judge set a conference?
Thanks so much
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Thanks for this forum and the valuable information.
Filed a WOM for my extremely delayed I-485 (marriage based to a USC). Filed in April 2002, AOS interview in May 2005. Everything went well, but pending security checks. Over the past 2 years and 6 months, went several times to the DO, contacted my senator, congresswoman and the response always the same pending security checks. Contacted the local FBI and in DC this summer and to my big surprise, name check has been cleared in 2003. After reading several threads in this forum, I filed a Mandamus suit on Oct9. the judge set a conference Dec4. By miracle, I got mail from USCIS. The first was to go to fingerprints last week and the second for an interview next week. I have some questions and will appreciate your insight.
1) Why this interview again? Is it normal or retaliation since I already have one with my USC spouse and everything went well? What should I expect?
2) Does this interview a USCIS tactic to stall?
3) Should I contact the AUSA now and complain about?
4) No answer to my complaint, no contact from the the AUSA, is it normal?
5) Is it a good sign that the judge set a conference?
Thanks so much
1) You can ask the AUSA what this interview is all about. They might want to verify some documents. Ask him what it is.
2) Typically not.
3) No gain complaining. You want to know what the reason for the interview. Gently ask him what it is regarding.
4) Well AUSA has 60 days from the date you served him. So there's still 30 days to go. I've never known AUSAs reach out to Plaintiffs. Infact many Local rules will specify that the Plaintiff's counsel should talk to defendant's counsel within 30 days. So I say pick up the phone and say hi to AUSA.
5) conference is a normal thing. Nothing excited about. It's the procedure.
I have a question here. If FBI is waiting for an answer from one's native country, how does WOM help in this case ?
Sure. Let them send a man to your country and finish whatever investigation they want to complete. Any competent Judge will see it through as to what it is, another stalling tactic.
Thanks for this forum and the valuable information.
Filed a WOM for my extremely delayed I-485 (marriage based to a USC). Filed in April 2002, AOS interview in May 2005. Everything went well, but pending security checks. Over the past 2 years and 6 months, went several times to the DO, contacted my senator, congresswoman and the response always the same pending security checks. Contacted the local FBI and in DC this summer and to my big surprise, name check has been cleared in 2003. After reading several threads in this forum, I filed a Mandamus suit on Oct9. the judge set a conference Dec4. By miracle, I got mail from USCIS. The first was to go to fingerprints last week and the second for an interview next week. I have some questions and will appreciate your insight.
1) Why this interview again? Is it normal or retaliation since I already have one with my USC spouse and everything went well? What should I expect?
2) Does this interview a USCIS tactic to stall?
3) Should I contact the AUSA now and complain about?
4) No answer to my complaint, no contact from the the AUSA, is it normal?
5) Is it a good sign that the judge set a conference?
Thanks so much
1) I believe that calling you for another interview and 2nd FP is a good sign, because obviously they digged out your file and somebody has it on his/her desk with the instruction to deal with it. Because your GC application is marriage based to a US citizen, they most likely want to verify if you are still married to this person for good. I think that this happens frequently because there are probably many fake marriages to get a GC or citizenship through marriage. So if you are still happily married to your original spouse, you should not fear anything during this second interview, just be prepared to demostrate that you live together in a real marriage.
2) No, I think that this is actually a sign that they finally want to adjudicate your case.
3)-4) If you filed your complaint on October 9, AUSA still has almost a month to file either an answer or a motion, so you have no reason to complain. However it is a good practice to make a contact with AUSA and try to work with him/her. If s/he understands your situation and supports you s/he can make a real difference. Of course, this depends how lucky are you to get a AUSA with empathy and how well can you establish human contacts. Just be very polite and professional.
5) Setting a conference date is definitely a good sign because puts additional pressure on defendants, the court shows by this that they mean business and don't want to drag their feet forever.
My personal guess is that if the interview goes well next week (i.e., if you don't have any negative change in your situation since the previous interview), USCIS will adjudicate your application before the set court hearing.
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I am a new member to this thread. My FBI-NC is pending from June 2006. I happened to read through this thread. I congratulate everyone who completed their NC or got their GC/NSC. I am very much motivated to file a WoM now. Is there anyone, whom i can talk to, filed WoM through Alexandria,VA court.
Thank you very much AGC4ME.
Thanks very much AGC4ME for helping clarifying my questions. I will look for the templates and contact the AUSA next week for followup. I will post my progress if any.
Thanks again,
1) You are right the answer is not MTD. You do not have to do anything to their answer. There is no such thing as an answer to answer. You filed a complaint and they filed an answer.
2) It usually is a phone conference. Check with the Judge's clerk.
3) Always be proactive. The AUSA has no interest in your case unless you call and pester. So on Monday give the AUSA a call and tell her how you want to proceed. Use the request for documents template that lazycis has posted and tell the AUSA that you want to do discovery. If the AUSA cooperates fine if not then ask him/her how they want to proceed.
Thanks very much AGC4ME for helping clarifying my questions. I will look for the templates and contact the AUSA next week for followup. I will post my progress if any.
Thanks again,
Thank you AGC4me and Paz1960. This 2 interview within a short notice is a hussle for me and my husband. We live in Manhattan and that's where I filed, but the interview is in Garden City. If there was any problem with my marriage, why wait 2 years and 6 months and after a WOM to interview us?
Over the past 2 years and 6 months, I've sent several inquiries to the IO who did our interview and his supervisor with no response.
Also the answer pending security checks was not true since the FBI name check was done in 2003. What kind of security checks would take so long? It seems to me the USCIS have dragged my case and now they give me a hard time again because they need to make a decision after the Mandamus suit.
I entered legally on visa waiver, never been out of status, no criminal record, a mother of a US born child. Even that, I feel I've been traited unfairly.
Now I am more aware of my rights and don't want repeat my mistake of the past of taking everything they put me through. Over the past years, any lawyer I've consulted told me to wait and that what I did. BIG BIG MISTAKE! By the way, we're married for more than 6 years. If it was not a real marriage, it will not last. Of course, we've had difficult times like any other couple.
Over the past 2 years and 6 months, I've sent several inquiries to the IO who did our interview and his supervisor with no response.
Also the answer pending security checks was not true since the FBI name check was done in 2003. What kind of security checks would take so long? It seems to me the USCIS have dragged my case and now they give me a hard time again because they need to make a decision after the Mandamus suit.
I entered legally on visa waiver, never been out of status, no criminal record, a mother of a US born child. Even that, I feel I've been traited unfairly.
Now I am more aware of my rights and don't want repeat my mistake of the past of taking everything they put me through. Over the past years, any lawyer I've consulted told me to wait and that what I did. BIG BIG MISTAKE! By the way, we're married for more than 6 years. If it was not a real marriage, it will not last. Of course, we've had difficult times like any other couple.
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Thank you AGC4me and Paz1960. This 2 interview within a short notice is a hussle for me and my husband. We live in Manhattan and that's where I filed, but the interview is in Garden City. If there was any problem with my marriage, why wait 2 years and 6 months and after a WOM to interview us?
By the way, we're married for more than 6 years. If it was not a real marriage, it will not last. Of course, we've had difficult times like any other couple.
Let's not make generalizations about "any other couple". "Any other couple" probably would not have such a hard time driving 26 miles from NYC to Garden City so that you can get your card.
So let's take a wild guess here, is someone unwilling to go with you to this 2nd interview?
Let's not make generalizations about "any other couple". "Any other couple" probably would not have such a hard time driving 26 miles from NYC to Garden City so that you can get your card.
So let's take a wild guess here, is someone unwilling to go with you to this 2nd interview?
Keep your mouth shut if you don't have nothing to say instead of judging me and my marriage! yeah driving 26 miles is not okay with me. I live in Manhattan, filed here and should have the interview in the city. Federal Plaza is a large district office.
FYI, I am from a country where life is much better than in the US and few immigrants come from there because there is no interest. No woman from my country in her right mind would marry a USC just for the green card. The only thing holding me here is my son who's his USC father will never let me take him if I leave the US.
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I filed MSJ, AUSA filed response to MSJ. I'm now writing my reply to response to MSJ. Can I submit an affidavit along with this reply to response to MSJ. What motion would this affidavit be part of ?
I think you need to file a motion for leave to file supplemental evidence or something like that.