waitinfori130
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Lazycis, could you respond to this(probably over-looked). I'm not sure if I should include the local U.S. Attorney in the WOM. Thanks
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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Lazycis, could you respond to this(probably over-looked). I'm not sure if I should include the local U.S. Attorney in the WOM. Thanks
If US attorney ask for another extension ( 1month) and I only want to give her 7 days. If we cannot agree on this matter, what is going to happen? Do we need to see a judge immidiately, or write some kind of motion?
thanks.
When AUSA files a motion for extension, s/he should specify that you are opposed to it. You can also file an opposition to extension.
Lazycis, could you respond to this(probably over-looked). I'm not sure if I should include the local U.S. Attorney in the WOM. Thanks
Local AUSA should not be a defendant. You do not need to get a summon for local AUSA. However, according to FRCP, you have to serve your complaint and copies of summons for all defendants to your local AUSA. It's actually important to serve local AUSA first as 60 day clock start ticking when local AUSA receives a complaint.
Lazycis,
He did not specify that I am opposed to it(neither did he specify that I approve, like he said on previous occasions). I called the court clerk who forwarded the call to judge's clerk.(She declined to give me legal advice). But said that I should file my opposition and judge would reconsider it.
He did not specify that I am opposed to it(neither did he specify that I approve, like he said on previous occasions). I called the court clerk who forwarded the call to judge's clerk.(She declined to give me legal advice). But said that I should file my opposition and judge would reconsider it.
When AUSA files a motion for extension, s/he should specify that you are opposed to it. You can also file an opposition to extension.
Lazycis,
He did not specify that I am opposed to it(neither did he specify that I approve, like he said on previous occasions). I called the court clerk who forwarded the call to judge's clerk.(She declined to give me legal advice). But said that I should file my opposition and judge would reconsider it.
Such things are very difficult to dispute as granting extension is in court's discretion. Extensions are rarely denied so it may not have sense to fight for it.
I has very close priority date as yours for my pending N-400 due to NC(15 months already). I recently called two lawyers to discuss the proper time to file WOM. I got answer of at least one year and 9 months from both. lazycis, do you agree with what they said?
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baikal3
Registered User Join Date: Aug 2002
Posts: 221
WOM attorneys in Chicago
Can someone suggest some good immigration lawyers in
Chicago who have experience with WOM cases?
It is probably a bit too early for me to file a WOM but I want to start looking around for an attorney now.
Thanks a lot,
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baikal3
Registered User Join Date: Aug 2002
Posts: 221
WOM attorneys in Chicago
Can someone suggest some good immigration lawyers in
Chicago who have experience with WOM cases?
It is probably a bit too early for me to file a WOM but I want to start looking around for an attorney now.
Thanks a lot,
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Time and half (1.5 times than the normal processing) sounds like unreasonable in court. In your case it should be around 18 months or so.
I'm right at this edge and if don't get a response within the next week or so then I shall send USCIS the copy of my WOM with 30 days' notice to wrap up the things or else see them in court....
I'm right at this edge and if don't get a response within the next week or so then I shall send USCIS the copy of my WOM with 30 days' notice to wrap up the things or else see them in court....
I has very close priority date as yours for my pending N-400 due to NC(15 months already). I recently called two lawyers to discuss the proper time to file WOM. I got answer of at least one year and 9 months from both. lazycis, do you agree with what they said?
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baikal3
Registered User Join Date: Aug 2002
Posts: 221
WOM attorneys in Chicago
Can someone suggest some good immigration lawyers in
Chicago who have experience with WOM cases?
It is probably a bit too early for me to file a WOM but I want to start looking around for an attorney now.
Thanks a lot,
I has very close priority date as yours for my pending N-400 due to NC(15 months already). I recently called two lawyers to discuss the proper time to file WOM. I got answer of at least one year and 9 months from both. lazycis, do you agree with what they said?
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baikal3
Registered User Join Date: Aug 2002
Posts: 221
WOM attorneys in Chicago
Can someone suggest some good immigration lawyers in
Chicago who have experience with WOM cases?
It is probably a bit too early for me to file a WOM but I want to start looking around for an attorney now.
Thanks a lot,
Delay over a year is a violation of regulations and is contrary to the Congress intention (8 USC 1571-1573). Naturalization is a stronger case as it is non-duscretionary, 8 USC 1252 does not apply and FBI has a duty to complete all checks.
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Same judge uphelds 485 case. cites Feb 8 memo too
N400 filed under mandamus & judge say FBI duty is mandatory.
Attached is magistrate judge's R&R upheld by main judge
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
2008 U.S. Dist. LEXIS 16641
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OK-Boy ,
Thanks for the repsonse. Actually I was arguing with them why it is more than 18 months. They said currently 18 months is the USCIS normal processing time regardless of when I filed my N-400 application ( I filed on Dec, 2006). One of them warned that all his success cases for N-400 WOM have at least one year and 9 months wait, and I can go ahead to file after 18 month, but better to wait a bit longer to make sure I wouldn't waste my money since they might dismiss my case based on reason that the delay is not long enough.
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#15951 7th March 2008, 09:53 AM
OK-Boy
Registered User Join Date: Jul 2007
Posts: 69
Time and half (1.5 times than the normal processing) sounds like unreasonable in court. In your case it should be around 18 months or so.
I'm right at this edge and if don't get a response within the next week or so then I shall send USCIS the copy of my WOM with 30 days' notice to wrap up the things or else see them in court....
Thanks for the repsonse. Actually I was arguing with them why it is more than 18 months. They said currently 18 months is the USCIS normal processing time regardless of when I filed my N-400 application ( I filed on Dec, 2006). One of them warned that all his success cases for N-400 WOM have at least one year and 9 months wait, and I can go ahead to file after 18 month, but better to wait a bit longer to make sure I wouldn't waste my money since they might dismiss my case based on reason that the delay is not long enough.
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#15951 7th March 2008, 09:53 AM
OK-Boy
Registered User Join Date: Jul 2007
Posts: 69
Time and half (1.5 times than the normal processing) sounds like unreasonable in court. In your case it should be around 18 months or so.
I'm right at this edge and if don't get a response within the next week or so then I shall send USCIS the copy of my WOM with 30 days' notice to wrap up the things or else see them in court....
Lazycis,
With regard to your comment below, does it imply many N-400 applicants with NC pending can file WOM in over one year time, with low chance of motion to dismiss ( I am in southern california area)? You mentioned that 'Naturalization is a stronger case'. I wonder usually what are the arguments by the U.S attorney to try to dismiss the WOM case for N-400 applicant? thanks again.
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Delay over a year is a violation of regulations and is contrary to the Congress intention (8 USC 1571-1573). Naturalization is a stronger case as it is non-duscretionary, 8 USC 1252 does not apply and FBI has a duty to complete all checks.
With regard to your comment below, does it imply many N-400 applicants with NC pending can file WOM in over one year time, with low chance of motion to dismiss ( I am in southern california area)? You mentioned that 'Naturalization is a stronger case'. I wonder usually what are the arguments by the U.S attorney to try to dismiss the WOM case for N-400 applicant? thanks again.
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Delay over a year is a violation of regulations and is contrary to the Congress intention (8 USC 1571-1573). Naturalization is a stronger case as it is non-duscretionary, 8 USC 1252 does not apply and FBI has a duty to complete all checks.
NC memo doesn't apply to me??
I received response through Congressional liaison, which essentially states that NSC thinks that new memo doesn't apply to me as there are unresolved issues and requires thorough review before a decision can me made. No time line as to when this review will be complete.
"Background checks involve more than just the initial submission of and response related to biographical information and fingerprints."The
Inquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible."
I have already taken an InfoPass after March 10 and let see what I find there. I had been told in different phone calls, under extended review, eligible under new memo, wait until Apr. 30, 2008, pending security checks.
I am inclined to think this is just another of useless responses. Anyone had similar response through congressional liaison regarding NC-memo-eligbile case?
I received response through Congressional liaison, which essentially states that NSC thinks that new memo doesn't apply to me as there are unresolved issues and requires thorough review before a decision can me made. No time line as to when this review will be complete.
"Background checks involve more than just the initial submission of and response related to biographical information and fingerprints."The
Inquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible."
I have already taken an InfoPass after March 10 and let see what I find there. I had been told in different phone calls, under extended review, eligible under new memo, wait until Apr. 30, 2008, pending security checks.
I am inclined to think this is just another of useless responses. Anyone had similar response through congressional liaison regarding NC-memo-eligbile case?
I received response through Congressional liaison, which essentially states that NSC thinks that new memo doesn't apply to me as there are unresolved issues and requires thorough review before a decision can me made. No time line as to when this review will be complete.
"Background checks involve more than just the initial submission of and response related to biographical information and fingerprints."The
Inquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible."
I have already taken an InfoPass after March 10 and let see what I find there. I had been told in different phone calls, under extended review, eligible under new memo, wait until Apr. 30, 2008, pending security checks.
I am inclined to think this is just another of useless responses. Anyone had similar response through congressional liaison regarding NC-memo-eligbile case?
May be they are doing extra scrutiny for people from south asia.
Folks,
The wait for me seems to be over. When I called the 800 number 3 weeks ago, they said that I'm eligible for expedited processing in light of the new memo but since I had initiated an inquiry into the pending I485 less than 60 days ago, I was told to wait at-least until 03/10/08. Well, today I got an email basically stating that the card production has been ordered. My timelines are very close to jefkorn except mine is through marriage. I am in Southern California and you can imagine the long wait in this part of the country ...
The wait for me seems to be over. When I called the 800 number 3 weeks ago, they said that I'm eligible for expedited processing in light of the new memo but since I had initiated an inquiry into the pending I485 less than 60 days ago, I was told to wait at-least until 03/10/08. Well, today I got an email basically stating that the card production has been ordered. My timelines are very close to jefkorn except mine is through marriage. I am in Southern California and you can imagine the long wait in this part of the country ...
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Almost there....
Dear all,
I have a good news (kind of) to share with you all. I finally got my NC cleared from FBI after almost four years of wait. I was about to file 1447(b) in first week of Feb, and got a call from USCIS informing me that my namecheck has been cleared from FBI. On the same day I got another letter from USCIS, asking me to come to the district office to 'UPDATE INFO' (see below) since my past interview which was 2 years back.
I went there last week and the officer opened my file - which I saw after almost two years; For once I thought they had misplaced - & literally asked questions page to page regarding my trips, my marital status, my work history and had me sworn "to tell the truth and nothing but the truth" in the begining.
After ~30 mins of answering questions, he finally handed 797-C with a check mark next to "Congratulations! Your application has been approved" and put a big 'Approved' stamp on my application. Later, he told me to wait for my Oath ceremony later which would be sent 30 days before the oath ceremony. I clarified with him once again that my name check is finally cleared!
I just thought of sharing this with you guys. I was a silent reader for a long time; so I don't know if anyone remembers me - but I would like to say special thanks to PAZ, LAZYCIS,SLOW_CIS, FUTURECITIZEN, SUETHEM, DUDE, WENLOCK and everyone else who took time to read and reply my questions.
I know I still have to wait for the Oath ceremony but I am confident that it will be through this year!
Thanks a lot!!
ashlie23
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Dear all,
I have a good news (kind of) to share with you all. I finally got my NC cleared from FBI after almost four years of wait. I was about to file 1447(b) in first week of Feb, and got a call from USCIS informing me that my namecheck has been cleared from FBI. On the same day I got another letter from USCIS, asking me to come to the district office to 'UPDATE INFO' (see below) since my past interview which was 2 years back.
I went there last week and the officer opened my file - which I saw after almost two years; For once I thought they had misplaced - & literally asked questions page to page regarding my trips, my marital status, my work history and had me sworn "to tell the truth and nothing but the truth" in the begining.
After ~30 mins of answering questions, he finally handed 797-C with a check mark next to "Congratulations! Your application has been approved" and put a big 'Approved' stamp on my application. Later, he told me to wait for my Oath ceremony later which would be sent 30 days before the oath ceremony. I clarified with him once again that my name check is finally cleared!
I just thought of sharing this with you guys. I was a silent reader for a long time; so I don't know if anyone remembers me - but I would like to say special thanks to PAZ, LAZYCIS,SLOW_CIS, FUTURECITIZEN, SUETHEM, DUDE, WENLOCK and everyone else who took time to read and reply my questions.
I know I still have to wait for the Oath ceremony but I am confident that it will be through this year!
Thanks a lot!!
ashlie23
===============================================================
Thanks a lot PAZ1960..
My second interview is scheduled on Feb. 28th. The strange thing is that they did NOT put a check mark next to the blank for re-examination; instead a checkmark next to the one that states "INFORMATION UPDATE SINCE LAST INTERVIEW"
I don't know if it means re-interviewing or what. They didnt put check mark next to any language tests either..so I am not sure. But I will call USCIS first thing in the morning, and see what this is about.
My dilemma was to whether appear for an re-interview or not and that has become clear after reading your post.
Thanks a lot for your time! I really appreciate it.
~ashlie23
Such things are very difficult to dispute as granting extension is in court's discretion. Extensions are rarely denied so it may not have sense to fight for it.
I agree that it is hard to fight an extension if it is for a valid reason. You can possibly challenge it on grounds if you have significantly additional hardships because of the extension and the reasons that the defendants requests do not require it and that justice so requires (which is hard). The AUSA and CIS attorney would possibly argue that they just have a huge case load and need more time etc.
Retrogression sucess?
Update on my CMS: Judge is very sympathetic to my 4 year AOS delay but is not super convinced about estoppel and AC 21 visa number argument, in the sense that litigating through those arguments for retrogression will probably not resolve before fiscal year end and will not be the best interest of everyones time.
Are there any retrogression cases that have been approved since January through estoppel or "acquiring" a unused visa number or other argument in any district etc?
Same judge uphelds 485 case. cites Feb 8 memo too
Update on my CMS: Judge is very sympathetic to my 4 year AOS delay but is not super convinced about estoppel and AC 21 visa number argument, in the sense that litigating through those arguments for retrogression will probably not resolve before fiscal year end and will not be the best interest of everyones time.
Are there any retrogression cases that have been approved since January through estoppel or "acquiring" a unused visa number or other argument in any district etc?