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

I have not sent a copy of summon to US Attorney General, I have sent only to AUSA.
Is that going to be a problem ?
 
mfbilgin said:
Hello all,
...
USCIS told him that I would need a second interview, because the first one was two years ago. I have not yet received the notice but AUSA told me that there will be a second interview.

I wonder what is the nature of the 2nd interview. I have been reading this forum for so long but I do not remember anything about 2nd interview.

So folks what to do you think about all these?
And, what is this second interview?

Thank you very much for comments.
Click to expand...

The second interview is nothing new in long delayed 1447b cases. More likely they will just ask a few questions to make sure your information is up to date. Nothing to be afraid about.
 
You don't have to be worried about it cuz you had your first IV two years ago so USCIS wanna update the things during that time-frame like marital status, any violation/crime, etc. It's not unusual.

mfbilgin said:
Hello all,
Firstly I have to appreaciate all fine people here that provided so much information and encouraged me to file 1447b pro se. Without this forum this would not be possible.
I have filed 1447b in illinois on October 13 (60 days deadline December 14). Two weeks later I got a fingerprint notice. I provided FP on Novermber 13. Today (Nov 16) I have called FBI. They said they returned the fingerprint on November 14 but would not provide info about the namecheck. So I do not know.
I also called AUSA today and asked about the case. He told me that he was e-mailing to USCIS etc. He said he is trying to work it out and help, otherwise he will have to file motion to dismiss at the end. Also added that the stones are in his favor. He added that USCIS people told him that I would dismiss the case if they move the case so they know that. They also added that plaintiff usually dismiss their case before the oath ceremony when eveything is cleared.
I replied him that my purpose is to achieve the ultimate outcome: all I want my case to move and I get naturalized. I said I will dismiss the case of course with stipulations, if they move the case, grant naturalization and provide the oath notice. He said he appreciate my cooperation and will do everything to help, he is also learning this issue as it proceeeds (I do not how to interpret all these).

USCIS told him that I would need a second interview, because the first one was two years ago. I have not yet received the notice but AUSA told me that there will be a second interview.

I wonder what is the nature of the 2nd interview. I have been reading this forum for so long but I do not remember anything about 2nd interview.

So folks what to do you think about all these?
And, what is this second interview?

Thank you very much for comments.
Click to expand...
 
lazycis said:
AUSA is right about initial disclosures. If AUSA does not wat to cooperate, you have to wait until the scheduling conference and let court rule on your discovery plan. This is a good way to find whether your judge is sympathetic to your case. The court has to rule one way or the other.
Click to expand...

Agree. This will atleast force the judge to rule quickly.
 
wommei said:
Yesterday I read some cases that presided by the Judge that will handle my case. I found several of them have been dismisses. In the case summary, it shows "dismisses-Volunteerily" or "dismisses-settled" or " dismisses". Usually it takes about 4-6 months before case dismissed. And yesterday the AUSA told me that this judge will ususally extend the deadline by another 2 months after the 60 day deadline is over. That means I need to wait longer. But still I don't know if this judge will rule in my favor or not. Any suggestions?
Click to expand...

If plaintiff dismisses action voluntarily, it's usually a good sign. It means plaintiff got what s/he wanted.
You can oppose AUSA motions to extend, but it is better to convince your AUSA to request expedite processing of your I-485.
 
timelines

AGC4ME said:
Agree. This will atleast force the judge to rule quickly.
Click to expand...

AGC4ME, Lazycis,
Thanks for your comments.
According to the original scheduling order, the current deadline for completion of discovery is 12/11/07, and the deadline for submission of dispositive motion (including MSJ) is 1/3/08. AUSA will file motion to modify the discovery date to be after the ruling on MTD, and also ask court to rule that discovery is not proper. AUSA also ask court to give them 60 days to file administrative record if their MTD is denied (I request for 30 days reproduction of documents in Oct.). In my opposition to AUSA’s motion, do I need to mention the deadline for submission of MSJ? If I don’t receive any documents before 1/3/08 deadline, should I submit MSJ anyway? It doesn’t sound like a good idea to ask court to extend the deadline for dispositive motion, but what if the discovery is not completed earlier?
Thanks a lot!
 
In your opposition to AUSA motion, mention that you've submitted request for documents in October so you expect to receive an answer in December. Mention the set date for MSJ and that you cannot file MSJ until you get discovery results. By scheduling discovery, the court implicitly assumed jurisdiction, so AUSA will look bad in judge's eyes with his/her motion. What is your district?
 
lazycis said:
In your opposition to AUSA motion, mention that you've submitted request for documents in October so you expect to receive an answer in December. Mention the set date for MSJ and that you cannot file MSJ until you get discovery results. By scheduling discovery, the court implicitly assumed jurisdiction, so AUSA will look bad in judge's eyes with his/her motion. What is your district?
Click to expand...
Lazycis,
It is north TX. The district judge gave the scheduling order and now the case is transfered to magistrate judge and the original scheduling is still effective. Besides oposition, do i need to file motion to compel at the same time with the same filing? Thanks!
 
mfbilgin said:
Hello all,
Firstly I have to appreaciate all fine people here that provided so much information and encouraged me to file 1447b pro se. Without this forum this would not be possible.
I have filed 1447b in illinois on October 13 (60 days deadline December 14). Two weeks later I got a fingerprint notice. I provided FP on Novermber 13. Today (Nov 16) I have called FBI. They said they returned the fingerprint on November 14 but would not provide info about the namecheck. So I do not know.
I also called AUSA today and asked about the case. He told me that he was e-mailing to USCIS etc. He said he is trying to work it out and help, otherwise he will have to file motion to dismiss at the end. Also added that the stones are in his favor. He added that USCIS people told him that I would dismiss the case if they move the case so they know that. They also added that plaintiff usually dismiss their case before the oath ceremony when eveything is cleared.
I replied him that my purpose is to achieve the ultimate outcome: all I want my case to move and I get naturalized. I said I will dismiss the case of course with stipulations, if they move the case, grant naturalization and provide the oath notice. He said he appreciate my cooperation and will do everything to help, he is also learning this issue as it proceeeds (I do not how to interpret all these).

USCIS told him that I would need a second interview, because the first one was two years ago. I have not yet received the notice but AUSA told me that there will be a second interview.

I wonder what is the nature of the 2nd interview. I have been reading this forum for so long but I do not remember anything about 2nd interview.

So folks what to do you think about all these?
And, what is this second interview?

Thank you very much for comments.
Click to expand...

2nd interview is possibly because of the 2 year time and they want to update info. Please recollect everything you said in first interview and make sure you do not contradict anything and update anything that changed. In that event it could just be a formality. I know another user here 'shvilli' had a second interview and its purpose was to update records and got oath immidiatly. also if they called for FP after 2 years, name check already cleared.
 
Just started

First I want to thank all for great discussion here.
Today I just filed WOM with District Court Northern California and here is few questions regarding serving:

1. ProSe hand book says: "Civil Local Rule 4-2 also requires you to serve the defendant with all of the following
documents at the same time you serve the complaint and the summons."

after few extra sentences on serving waiver there is list of ducments including "Dispute Resolution Procedures" and heavy package started with "Welcome to the US District Court ..., Clerk's office"

Clerk said, that I have to serve only complain, summons and standing order/schedule package. Clerk said I don't have to serve "Welcome to" and "Procedures" heavy packages, since I'm filing ProSe

Should I listen to Clerk?

2. When serving AUSA, should I send AUSA summons or copies of all summons for defendants?

3. Any had experieance with Alternative Dispute Resolution (ADR) Multi-option program? My case was assigned to this program.

Thanks.

Short background: I'm awaiting I-485 (AOS) since March 2005 and case of course stuck in name check.
 
sk0902 said:
I have not sent a copy of summon to US Attorney General, I have sent only to AUSA.
Is that going to be a problem ?
Click to expand...

Yes, because the FRCP clearly specifies that if you sue the government, you have to serve a copy of the complaint and summons also to the US Attorney General.
 
What do you make of it?

Dear PAZ / Lazycis and friends.

A joint stipulation agreement was docketed and a Judge ordered USCIS to adjudicate my N400 application on or before 19 Nov 07.

Yesterday 15Nov07 I received a notice to do second FP today Friday 16Nov07.

I did the FP today Friday 16Nov07 , I called the FBI and was told that they have received my prints and working on it.

Knowing that the next two days are weekend days and 19 Nov 07 is Monday, What should I expect on Monday?

Your thoughts please?

Thank you.
 
Last edited by a moderator:
Thanks

Thank you lazycis, ok-boy, and lotechguy for the comments. It seems moving into second interview is something and I hope it will end as nicely as I hope. I will keep you posted.
 
Fingerprint on Dec. 26th?

I received a letter from USCIS asking for 2nd FP regarding my N400 application. We have been in name check for almost 2 years.

The letter requesting 2nd FP was dated Nov. 10th 2007 but the scheduled date on the letter was Nov. 6th 2007. I guess this shows how much thought the USCIS puts into processing our files.

Anyway, my question is can I go to have fingerprint taken on Dec. 26th 2007? I can't go earlier because of a prescheduled out-of-country travel. I understand Dec. 26th 2007 is not a Federal holiday per se, but ......

Look forward to any inputs from members.

Thanks,
 
Lotechguy and Lazycis,

Thank you very much for your advises.

I'll keep you all posted after I receive a 2nd interview notice, estimate won't happen until another few months :(
 
mfbilgin said:
Thank you lazycis, ok-boy, and lotechguy for the comments. It seems moving into second interview is something and I hope it will end as nicely as I hope. I will keep you posted.
Click to expand...

mfbilgin,

I need to have a 2nd interview also but I won't need to retake the test.

Good luck!
 
zhaoyzhaoy said:
I received a letter from USCIS asking for 2nd FP regarding my N400 application. We have been in name check for almost 2 years.

The letter requesting 2nd FP was dated Nov. 10th 2007 but the scheduled date on the letter was Nov. 6th 2007. I guess this shows how much thought the USCIS puts into processing our files.

Anyway, my question is can I go to have fingerprint taken on Dec. 26th 2007? I can't go earlier because of a prescheduled out-of-country travel. I understand Dec. 26th 2007 is not a Federal holiday per se, but ......

Look forward to any inputs from members.

Thanks,
Click to expand...

zhaoyzhaoy,

You have to ask the fingerprint dept directly by phone or in person about their rules, some office allows people to take the fp before the scheduled time, some after, it all varies.

My friend just took his fp 2 weeks after the scheduled time because he was out of country at the time. He was not required to reschedule it, just walked in with the original appointment letter and ID.

Good luck.
 
You must log in or register to reply here.
Top