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

Thanks again for your input and it's a good idea. I will be responding to AUSA on those lines. So I understand rule 41 it correctly, it means that if AUSA and plaintiff files the joint dismissal, since there's no court order or response from defendants, or motion for summary judgment, unless the stipulation says "With Prejudice", the case is going to be dismissed Without Prejudice. If the plaintiff files the dismissal by himself or herself, in the circumstances described above, it's still without prejudice.

Bottom line, I or AUSA don't need to explicitly say "Without Prejudice" in the circumstances of my case.


Correct. "Without prejudice" means that the court has not decided which side is right. It does not make any sense to put "with prejudice" in voluntary dismissal requests, I am not sure why some AUSAs are doing that. Even if they put it in, it won't have any effect. But it's our obligation to correct AUSAs if they are wrong, right? :)
 
I misspoke earlier. Small correction. The judge didn't grant motion for extension of time on the day it was filed . It was granted today, on second working day after AUSA's filed it.

Folks, After I filed first amended complaint, AUSA filed motion for extension of time for 30 days to respond to amended complaint which I had accented to earlier. Judge granted the motion. The motion states in effect that Defendants intend to file MTD as to my claims only because my AOS was approved during the pendency of the action and the complaint as it applies to me is moot. But they need the extension for my wife's AOS , it will give USCIS time to review my wife's application or otherwise respond to the amended complaint. Sigh of relief.

I highly recommend signing up for electronic filing well ahead of time.I think you can sign up even before filing the initial complaint. I got electronic notification via email of any papers filed in my case. The first viewing of the document is free as opposed to when looking at using PACER account.

LESSON:Do add both husband and wife as named plaintiffs. You can separate them when identifying who did what (efforts to get AOS adjudicated) by using something like Mr. Doe and Mrs. Doe if you share the same last name for the couple: John Doe and Jane Doe. And Mr. Doe and Mrs. Smith for the couple, John Doe, Jane Smith. Refer to them collectively as Plaintiffs.

The delay in my AOS and my wife's AOS was different because the applications were filed separately and almost six months apart. See here and related thread when I was initially contemplating adding her as named plaintiff but didn't.
 
Can someone please respond to these questions? Thanks
  1. If there are multiple named plaintiffs, do all of them have to sign the stipulation of dismissal?
  2. If one out of the multiple plaintiffs is registered for electronic filing, how do the remaining plaintiffs who are not registered with ECF can electronically sign the documents?
 
The link didn't work for me. Same file is available at this link at JUSTIA. You will need to register to get access. Registration is free.
An important decision in the 2nd Circuit for Wom-ers:
SHARKEY v. QUARANTILLO
http://www.ca2.uscourts.gov:8080/is...A2LTEzOTctY3Zfb3BuLnBkZg==/06-1397-cv_opn.pdf

Court explains in details why jurisdiction is proper under APA in mandamus when agency fails to act. There is a good dicussion regarding jurisdictional bar of 8 USC 1252(a)(2)(B).
 
Can someone please respond to these questions? Thanks
  1. If there are multiple named plaintiffs, do all of them have to sign the stipulation of dismissal?
  2. If one out of the multiple plaintiffs is registered for electronic filing, how do the remaining plaintiffs who are not registered with ECF can electronically sign the documents?

1. Yes.
2. I would like to know that as well.
 
I am a US Citizen now...Everything went smoothly at masonic center today.

Thanks to all who helped in my WOM, special thanks goes to LazyCIS, jefkorn and meteor8.

Here is my time line:
DO:SFO/Oakland
N400 Sent: 2006/06/01
Received: 2006/06/06
Priority: 2006/6/6
Check Cleared: 2006/6/9
Notice: 2006/6/15
Notice Received:2006/6/19
FP Notice:2006/6/17
FP Notice Received:2006/6/21
FP Date:2006/6/26
Wife: 2FP Notice: 2008/6/19
Wife: 2FP: 2008/7/02
Wife: IL Notice Received:2008/7/16
My WOM Filed: 2008/7/31
Wife: Interview Date:2008/8/18
My 2nd FP Notice Received:2008/8/14
Wife: Oath Letter Received:2008/8/20
My Interview Notice Received:2008/08/19
My 2nd FP Date:2008/9/03
My Interview Date:2008/09/05
My Oath Letter Received: 2008/09/05 (After interview)
Oath Date:2008/09/09 (Finally its over after two years two months and three days)
My WOM Dismissed:2008/09/10 (Signed stipulation to dissmiss the WOM)
 
Last edited by a moderator:
mka,
That's wonderful and you are welcome. Congratulations on this achievement.
I am a US Citizen now...thanks to all who helped in my WOM, special thanks goes to LazyCIS, jefkorn and meteor8.

Here is my time line:
DO:SFO/Oakland
N400 Sent: 2006/06/01
Received: 2006/06/06
Priority: 2006/6/6
Check Cleared: 2006/6/9
Notice: 2006/6/15
Notice Received:2006/6/19
FP Notice:2006/6/17
FP Notice Received:2006/6/21
FP Date:2006/6/26
Wife: 2FP Notice: 2008/6/19
Wife: 2FP: 2008/7/02
Wife: IL Notice Received:2008/7/16
My WOM Filed: 2008/7/31
Wife: Interview Date:2008/8/18
Wife: Oath Letter Received:2008/8/20
My 2nd FP Notice Received:2008/8/12
My 2nd FP Date:2008/8/03
My Interview Notice Received:2008/08/19
My Interview Date:2008/09/05
My Oath Letter Received: 2008/09/05 (After interview)
Oath Date:2008/09/09 (Finally its over after two years two months and three days)
 
Thank you very much, lazycis. (This sounds like I am thanking Lazy CIS. :-D )

Can I file both the same day?

Do you know where I can find the ALIBEIK v. CHERTOFF case? I read somewhere that this case is a victory in regard to the lack of visa numbers.



You have to file the complaint first, then TRO (you can file TRO right after the complaint is filed).
 
Naturalization Oath

Hi Folks,
Can someone help me out, i filled a compliant against Chertoff and El, two months passed without hearing from the attorney general, I was told at the court that I could file a motion for default judgment, and I did, immediatlry NYC attorney replied to the original summons (denied some of the complians and admitted to others) and sent me a letter to go for a second fingerprinting which I did last week. At the same time after I received the letter from the attorney general for fingerptinting, the next day I received a letter form the judge denying my motion for default judgment and indicating that th late reply from the AG was due to "Excusable neglegence"
Few days ago I received a nother letter from the judge giving me date and time for an initial confernce???? I am now in a dilemma and do not know what to do.
Anyone with similar experience or knowledge please help.
Your help is highly appreciated.

Thanks,
NaserH
 
Naturalization Oath

Naturalization Oath

--------------------------------------------------------------------------------

Hi Folks,
Can someone help me out, i filled a compliant against Chertoff and El, two months passed without hearing from the attorney general, I was told at the court that I could file a motion for default judgment, and I did, immediatlry NYC attorney replied to the original summons (denied some of the complians and admitted to others) and sent me a letter to go for a second fingerprinting which I did last week. At the same time after I received the letter from the attorney general for fingerptinting, the next day I received a letter form the judge denying my motion for default judgment and indicating that th late reply from the AG was due to "Excusable neglegence"
Few days ago I received a nother letter from the judge giving me date and time for an initial confernce???? I am now in a dilemma and do not know what to do.
Anyone with similar experience or knowledge please help.
Your help is highly appreciated.

Thanks,
NaserH
 
Naturalization Oath

--------------------------------------------------------------------------------

Hi Folks,
Can someone help me out, i filled a compliant against Chertoff and El, two months passed without hearing from the attorney general, I was told at the court that I could file a motion for default judgment, and I did, immediatlry NYC attorney replied to the original summons (denied some of the complians and admitted to others) and sent me a letter to go for a second fingerprinting which I did last week. At the same time after I received the letter from the attorney general for fingerptinting, the next day I received a letter form the judge denying my motion for default judgment and indicating that th late reply from the AG was due to "Excusable neglegence"
Few days ago I received a nother letter from the judge giving me date and time for an initial confernce???? I am now in a dilemma and do not know what to do.
Anyone with similar experience or knowledge please help.
Your help is highly appreciated.

Thanks,
NaserH

You need to provide more info. So you received "answer" to the complaint from NYC attorney? Or it's called "motion to dismiss". If it is the "answer", you can tell judge that you are planning to file Motion for summary judgment by such and such date. Did you have an interview?
 
You need to provide more info. So you received "answer" to the complaint from NYC attorney? Or it's called "motion to dismiss". If it is the "answer", you can tell judge that you are planning to file Motion for summary judgment by such and such date. Did you have an interview?
Hi Lazycis, Thank you for the quick response.
The answer to my compliant I received from Scott Dunn-Assistant US Attorney for Eastern Dostrict of NY. The following is the last paragraph of this letter:
"AFFIRMATIVE DEFENSE: This court is without jurisdiction over this action. Further, plantiff has not established eligibilty for naturalization. Wherfore defendants demand judjment dismissing the compliant with reudice, awarding defendants the cost and disbursements of this action and granting such other relief that the court deems just and propoer. Please remember I received this answer only AFTER I filled a Motion for Default Judgment.
I had the interview in May 2005 and I passed it, the IO back then asked for additional documentations which I supplied to him on the same day of the interview,since then I have been waiting for the Oath?
 
green card is dated back

As promise, I post my complain here.

My wife is US citizen, sponsor my green card in 2002. But INS misplaced my file into another person and therefore delayed my case.

I sued them on March 5. INS stamped on April 23, physical card arrived on August 7. And green card is dated back to April 23, 2006.

Stand up and fight !!!

I got lots of help from this forum. Thank you guys again.
 
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