Congrats on the swift approval, watertown! The next step is to throw a big party and invite AUSA
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Congrats on the swift approval, watertown! The next step is to throw a big party and invite AUSA
Mr Vertigo
Registered Users (C)
Just make sure it's not a Tea Party 
Congrats on the swift approval, watertown! The next step is to throw a big party and invite AUSA
Thanks Lazycis! I'm grateful to you and Jefkorn. Now, how can I withdraw it? Is there any dopcument I need to use to withdraw?
Or, shall I wait till I get the card? Since Boston office has approved it, can I still request AUSA to retroactive the card?
A funny note, on Friday I got a call from USCIS Customer Assistance office and one lady told me that my was still with adjudicator and she couldn't give any timeline!!
Either they all lie shamelessly or there is no coordination among different parts of USCIS. Pathetic!Yes, insist that you will be ready to sign stipulation after GC is received. Ask about retroactive approval, but do not put much hope into it. It's a very long shot. Technically, you do not need AUSA to dismiss the case, you can just go to clerk's office and file a note of voluntarily dismissal. It's up to you.
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I talked to AUSA this mornig and she sternly told me that she had filed a motion for dismissal as I didn't consent to her request.. She referred to the case approval document sent to her by Boston-CIS.
Now what shall I do? Shall I contest her MTD? I still haven't filed certificate of service yet.
watertown,
Simply file a notice of voluntary dismissal with the court after you get your card (in the meantime wait for the warmer weather.
Notice of voluntary dismissal
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff watertown hereby dismisses the above-captioned action. Because this notice is filed before Defendants have filed an answer or a motion for summary judgment, dismissal is effectuated via this notice and is without prejudice. Fed. R. Civ. P. 41(a)(1).
Respectfully Submitted,
watertown
Send a copy of notice to AUSA
Simply file a notice of voluntary dismissal with the court after you get your card (in the meantime wait for the warmer weather
.Notice of voluntary dismissal
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff watertown hereby dismisses the above-captioned action. Because this notice is filed before Defendants have filed an answer or a motion for summary judgment, dismissal is effectuated via this notice and is without prejudice. Fed. R. Civ. P. 41(a)(1).
Respectfully Submitted,
watertown
Send a copy of notice to AUSA
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watertown,
Simply file a notice of voluntary dismissal with the court after you get your card (in the meantime wait for the warmer weather
Notice of voluntary dismissal
Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff watertown hereby dismisses the above-captioned action. Because this notice is filed before Defendants have filed an answer or a motion for summary judgment, dismissal is effectuated via this notice and is without prejudice. Fed. R. Civ. P. 41(a)(1).
Respectfully Submitted,
watertown
Send a copy of notice to AUSA
Lazycis, you are simply superb!!! If I understand you correctly, I will not reply AUSA MTD right now but wait for the card.
BTW, need I file return of service in the mean time?
Yes, you do not have to reply right away. No need to file return of service.
Lazycis,
Apparently no one from Texas is on this board. I am lil weary of Texas courts in terms of their sympathy with legal immigrants (vs USCIS).
Do you think it is a relevant concern, or am I worried for nothing?
Apparently no one from Texas is on this board. I am lil weary of Texas courts in terms of their sympathy with legal immigrants (vs USCIS).
Do you think it is a relevant concern, or am I worried for nothing?
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Texas belongs to 5th circuit so you are good to go - the Walji decision from court of appeal for the 5th Circuit makes 1447b suit a walk in a park.
Dull in Dallas
Registered Users (C)
Texas WOM
Lazycs,
I am seriously thining of filing wom. all checks are cleared as per uscis and my case is pending fo rmore than 2 years. my lawyer says first he will call tsc and give a verbal notice and usually this works with TSC. do you know any feedback about tsc and wom in texas. how do texas courts deal with wom?
Lazycs,
I am seriously thining of filing wom. all checks are cleared as per uscis and my case is pending fo rmore than 2 years. my lawyer says first he will call tsc and give a verbal notice and usually this works with TSC. do you know any feedback about tsc and wom in texas. how do texas courts deal with wom?
Got the actual card yesterdaynow what is better to file voluntary dismissal or just let it die on its own?
BTW the card didn't come with retroactive date should I ask for it ? if they gave me the card i should be applying for citizinship now ( but any way i am satisified)
Texas Northern district is fiendlier than Texas Southern, but overall they are not bad. I-485 wom has a high probability of success, n-400 wom has good chances in Northern district.
now what is better to file voluntary dismissal or just let it die on its own?
BTW the card didn't come with retroactive date should I ask for it ? if they gave me the card i should be applying for citizinship now ( but any way i am satisified)
Welcome to the US!
Filing voluntarily dismissal is preferable.Mandamus questions
After more than 25 months of waiting for a naturalization interview I decided to proceed with the mandamus action.
I live in central Illinois, the area covered by the USCIS Chicago District Office. After having been stuck in the FBI Name Check for a long time, I have been told through the inquiries to Senators Durbin and Obama (before he resigned) that my name check was completed in late August 2008 and that I have been placed in line for an interview at the Chicago office. I received a similar letter from the Nebraska Service Center in response to one of my inquiries. However, nothing has happened since then and I feel that proceeding with a lawsuit is appropriate now.
I am in the preliminary research stage at this point and am slowly reading this entire thread from the very beginning. I have a few questions for the experts:
1) Does anyone know what the general record on such mandamus actions in federal courts responsible for Illinois is?
2) I can't find the name of the current USCIS Chicago District Office Director. Does anyone know where this info can be found?
3) Do I understand correctly that the right statues to cite for the subject matter jurisdiction are 28 USC §§ 1391 and 1361, 5 USC § 701 et seq., and 28 USC § 2201 et seq.?
4) It seems that the correct court for me to file the suit is the U.S. Central District Court of Illinois. The website of the court says that it is an Electronic Filing court.
http://www.ilcd.uscourts.gov/ecf.htm
As I understood, this means that the initial filing can be done either electronically or by regular mail but that all subsequent filings should be done electronically.
Does anyone here have any experience with electronic filing? What would you recommend for the initial filing, electronic or regular mail?
Thanks!
After more than 25 months of waiting for a naturalization interview I decided to proceed with the mandamus action.
I live in central Illinois, the area covered by the USCIS Chicago District Office. After having been stuck in the FBI Name Check for a long time, I have been told through the inquiries to Senators Durbin and Obama (before he resigned) that my name check was completed in late August 2008 and that I have been placed in line for an interview at the Chicago office. I received a similar letter from the Nebraska Service Center in response to one of my inquiries. However, nothing has happened since then and I feel that proceeding with a lawsuit is appropriate now.
I am in the preliminary research stage at this point and am slowly reading this entire thread from the very beginning. I have a few questions for the experts:
1) Does anyone know what the general record on such mandamus actions in federal courts responsible for Illinois is?
2) I can't find the name of the current USCIS Chicago District Office Director. Does anyone know where this info can be found?
3) Do I understand correctly that the right statues to cite for the subject matter jurisdiction are 28 USC §§ 1391 and 1361, 5 USC § 701 et seq., and 28 USC § 2201 et seq.?
4) It seems that the correct court for me to file the suit is the U.S. Central District Court of Illinois. The website of the court says that it is an Electronic Filing court.
http://www.ilcd.uscourts.gov/ecf.htm
As I understood, this means that the initial filing can be done either electronically or by regular mail but that all subsequent filings should be done electronically.
Does anyone here have any experience with electronic filing? What would you recommend for the initial filing, electronic or regular mail?
Thanks!