Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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parsfalcon
Registered Users (C)
no, I was just fingerprinted for the 4th time 2 weeks ago.
Just sign whatever motion AUSA prepares. Game over. You WON! Congrats!
I've seen it too. The Grinch from the USCIS stole Christmas from a lot of Indian people. Looks like a lot of folks converted from EB3 to EB2. But if you look at trackitt.com, the vast majority of approvals are EB1/EB2.
AGC4Me, I am happy that you made it thru. Thank God! Even though your wife did not get a GC yet, your family may not worry about leaving the US anymore.
any respite for womer's to escape Jan bulletin
Guys..
Iam a proud indian
(and with priority date 4/2000). AUSA response
(after 2nd extension is due 26th dec). Is there any way I can
call a urgent decision on my wom case ?
Guys..
Iam a proud indian
(and with priority date 4/2000). AUSA response(after 2nd extension is due 26th dec). Is there any way I can
call a urgent decision on my wom case ?
important opinion for 1447b plaintiffs
According to the recent decison in Hussain v. Chertoff, the second interview for naturalization should be conducted within 120 days of the first interview. The USCIS has no right to request the second interview without your consent after 120 days.
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain publish.pdf
"Subsequently, USCIS requested a second interview of Hussain. The request was not timely because a second interview must be conducted within 120 days of the first. See 8 C.F.R. §335.3(a). 8 C.F.R. §335.3(a) says:
Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120-day period after the initial examination, except as otherwise provided under § 312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to § 336.1 of this chapter.
Moreover, USCIS refused to describe the reasons for the requested second interview or the evidence to be submitted as required by the relevant regulation. Id. USCIS sought to justify its position by reference to the information's classified nature. Id. Hussain declined to be interviewed without the notice required by regulation. Id. ... Moreover, the court noted that it might not have the authority to order an additional interview without Hussain's consent. Id."
According to the recent decison in Hussain v. Chertoff, the second interview for naturalization should be conducted within 120 days of the first interview. The USCIS has no right to request the second interview without your consent after 120 days.
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain publish.pdf
"Subsequently, USCIS requested a second interview of Hussain. The request was not timely because a second interview must be conducted within 120 days of the first. See 8 C.F.R. §335.3(a). 8 C.F.R. §335.3(a) says:
Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120-day period after the initial examination, except as otherwise provided under § 312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to § 336.1 of this chapter.
Moreover, USCIS refused to describe the reasons for the requested second interview or the evidence to be submitted as required by the relevant regulation. Id. USCIS sought to justify its position by reference to the information's classified nature. Id. Hussain declined to be interviewed without the notice required by regulation. Id. ... Moreover, the court noted that it might not have the authority to order an additional interview without Hussain's consent. Id."
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TLongTLong
Registered Users (C)
Lazycis and other friends,
The AUSA for my case filed his brief today. I will be preparing the my reply brief soon. Would you like to review the AUSA brief and give me some advice on my reply? Thanks!
The AUSA for my case filed his brief today. I will be preparing the my reply brief soon. Would you like to review the AUSA brief and give me some advice on my reply? Thanks!
Guys..
Iam a proud indian
(after 2nd extension is due 26th dec). Is there any way I can
call a urgent decision on my wom case ?
AGC4Me filed an emergency motion to hold a visa number for him, if I am not mistaken.
1) Prepare a discovery plan. Use the template I posted on page 464
2) Yes, the conference is to set timeframe for discovery and MSJ.
3) Depends on what the doctor (I mean court) orders
TLongTLong
Registered Users (C)
lazycis,
I have just sent the defendant's brief to you. I would have attached the document here through this forum but didn't find the icon for attachment. Thank you so much Lazi! You are a great man.
I have just sent the defendant's brief to you. I would have attached the document here through this forum but didn't find the icon for attachment. Thank you so much Lazi! You are a great man.
Hi guys, I filed my WOM on 8/16/07 in Philadelphia Court,
got summons on 8/31/07
US Attorney filed MTD on 11/05/07
I filed response to MTD on 11/16/07
I haven't heard anything from the court up to now.
How long should I wait before filing MSJ (Motion Summary Judgement)?
Will it have any adverse effect if I filed MSJ?
Beside MSJ, any other recourse to have this case solved?
What should I prepare for now?
got summons on 8/31/07
US Attorney filed MTD on 11/05/07
I filed response to MTD on 11/16/07
I haven't heard anything from the court up to now.
How long should I wait before filing MSJ (Motion Summary Judgement)?
Will it have any adverse effect if I filed MSJ?
Beside MSJ, any other recourse to have this case solved?
What should I prepare for now?
futureuscitizen
Registered Users (C)
I filed the 1447b today and it costs me $39(Misc Filing fee). Clerk told me that instead of sending summons in they will issue some notice of motion and will be done within 30 days and is quicker. any take on this?
she has to talk to her supervisor and will let me know tomorrow
she has to talk to her supervisor and will let me know tomorrow
futureuscitizen
Registered Users (C)
to be precise its called:
Miscellaneous case filing for a petition regarding naturalization
i found it from the bill
Miscellaneous case filing for a petition regarding naturalization
i found it from the bill
Interesting. What district are you in? Needless to say, if it's quicker and costs less, it's a real bargain!
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Actually I will have to move my family back to India to take care of my parents. GC still doesn't make much difference for me, except that I can now take my 401k back. India is not a bad place to live and raise kids either.
futureuscitizen
Registered Users (C)
Northern District of New York
LazyCIS,
Thanks very much for your reply.
I just spoke with ADR officer and the AUSA in the ADR conference. Obviously ADR is not a good way of solving the issue. But the ADR mediator did mention to my AUSA, asking that if she would contact those government agencies, including FBI and USCIS. The AUSA said that she already contacted them and will let me know as soon as she heard anything back.
That was really encouraging. Although I still have to go to the Case Management Conference tomorrow to deal with her and the judge again, I feel excited because for the first time I was made aware that the AUSA is actually doing something to push forward the case, not just waiting doing nothing or counting my petition.
Don't know if USCIS or FBI will cooperate. How is the trend recently?
MY WOM was submitted in Sept 6, 2007, 9th District Northern CA
Thanks very much for your reply.
I just spoke with ADR officer and the AUSA in the ADR conference. Obviously ADR is not a good way of solving the issue. But the ADR mediator did mention to my AUSA, asking that if she would contact those government agencies, including FBI and USCIS. The AUSA said that she already contacted them and will let me know as soon as she heard anything back.
That was really encouraging. Although I still have to go to the Case Management Conference tomorrow to deal with her and the judge again, I feel excited because for the first time I was made aware that the AUSA is actually doing something to push forward the case, not just waiting doing nothing or counting my petition.
Don't know if USCIS or FBI will cooperate. How is the trend recently?
MY WOM was submitted in Sept 6, 2007, 9th District Northern CA
parsfalcon
Registered Users (C)
many thanks.
I'll post an update on 12/20/2007 when I get back from my oath ceremony. I've been waiting to get my citizenship for 4 and half years and I can't believe it till I have the certificate in my hand since back in 2003 the USCIS scheduled the interview 3 times and cancelled 3 times and did not rescheduled till I got Sen. Feinstein's office involved.
I appreciate every one's help and guidance during my very very long fight, from late 2003 till now, and wish everyone the best and I hope USCIS realizes that their flow is broken and they have to fix it.
cheers,
parsfalcon