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

I just found out that the judge assigned to my case is Stephen Limbaugh Jr, cousin of Rush Limbaugh. Am I doomed or what?

Not really. Obama and Dick Cheney are cousins too :)
(I wouldn't bring this up in the courthouse though... )
Good Luck
 
Not really. Obama and Dick Cheney are cousins too :)
(I wouldn't bring this up in the courthouse though... )
Good Luck

So I heard, very distant cousins indeed (lol)... I actually talked 2 my lawyer about this and to my surprise he said that Judge Limbaugh was WOM friendly. Hopefully he will be with my case. Anyways an AUSA has not been assigned to my case yet and we filed end of November, is this normal?
Thanks though and good luck to you.
 
Finally after several years of waiting I filled my complaint [ under 8.U.S.C1447(b) ] 3 weeks ago. I sent all the summonses. Sent them registered mail. So far I received three out of those 6 green forms . These cards are your proof that the dendeants got them. I need to file "the return of service " with the court (here in Illinois the court does not accept post office online track and confirmation). So I have to wait for three more to arrive.
The interesting thing is today all of the sudden I received a mail from the USCIS asking me to go for an interview to update my N-400 application!!! Apparently they received their summons !

Here are my questions:

(1) Should I go to this interview, ignore it , or postpone it ?

(2) Is my filing with the court complete ? Filing means from the time you start the process or when you finish it ? Because I know once you file with the court USCIS no longer has jurisdiction over the case but the court does. I want to know from the legal point of view whether my complaint is filed (I paid the fee, got stamped with the names of two judges on my complaint) even thought I have not finished the “Return of Service” on my summons with the court yet.

(3) Should I go for the update interview and continue with my lawsuit ?

(4) Anyone here had the same experience ?

Lazycis what do you think ? Thanks
,

1. Go if your case is straightforward (i.e. USCIS does not have reasons to deny your N-400)
2. Filing is complete, but you need to return summons to the court along with those green cards or the case may be dismissed (you have 120 days to do that so no worries)
3. I think if you go your case will be resolved quicker
4. Many people had the same course of events so this is common
 
Lazycis,
You're right ! I probably should go. If not, the USCIS might use this as an excuse and tell the Judge that I wasn’t willing to cooperate to resolve the issue. The DA office called me the other day wanted to know if I received the USCIS update interview letter ! Well, I will let you know the outcome !
Thanks
 
The lawyer representing USCIS is called Assistant US Attorney. The DA is for state or city agencies. Although the US attorney is assigned to a federal district, like federal court is called District Court, but attorney is not called district attorney, it is called US attorney. DA usually helps you in crminal matters. So, was it DA or AUSA
 
Guys,
We file WOM GC on Nov 24th 2009 and Judge and AUSA received complaint on Dec 1st 2009. I believe that's when clock starts ticking but I still haven't heard anything as I believe 60 days are up (takin into account holidays). What should I do at this point?
Thanks in advance 4 your time.
 
Guys,
We file WOM GC on Nov 24th 2009 and Judge and AUSA received complaint on Dec 1st 2009. I believe that's when clock starts ticking but I still haven't heard anything as I believe 60 days are up (takin into account holidays). What should I do at this point?
Thanks in advance 4 your time.

Did you try to contact the AUSA who is handling your case or USCIS to see what is happening?
 
HI Lazycis,

I am going file 1447(b), my case was delayed over 6 months now.
The reason for the delay is not about the name check.
Do I need to serve FBI?
I have 4 parties to serve so far:
Eric H. Holder, Jr.
Janet Napolitano
Alejandro Mayorkas
Jane Arellano (California District Director of USCIS).
 
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Well you see Elmono, I have a lawyer but I am starting to think that this lawyer is nothing but a thief. My 60 days were up Jan 24th. I've been calling my lawyer since and even went to his office a couple of times but can't get ahold of him nor see him. I finally talked to him last wednesday and he was supposed to get back to me last friday after contacting AUSA but of course he did not call me back.
So I did some research on him over the net and found some really bad reviews from his former clients.
At this point I really do not wanna proceed with this guy. I am planning on going there again sometimes this week and not leave until I see him.
I am looking to hire a different attorney. Do you think I can get my money back or at least some of it (of course I've paid him in full)?
I really don't wanna sue him for not doing his job because I have my hands full wit WOM, but how can I report him and his act?
Can I contact the court myself to find out whats going on as I dont know yet who the AUSA is, it's not posted on Pacer?
Again we filed WOM on Nov 24th 2009.
Thanks
 
Soul01, I am sorry to hear that. I do not have much experience with lawyers, at least find out if the lawyer served the AUSA ( if the WOM was done through the lawyer). There usually couple of AUSA in each District, try to contact their office and find out more about your case since it is already 60 beyond the day the USCIS has been served, I do not know if it a good idea to contact the AUSA since you already have a lawyer. I hope everything works out well for you.
 
Thanks Elmono . He did served the AUSA and I understand now that I really can't contact AUSA while I have a lawyer. I was on Pacer earlier and one of his other mandamus case got dismissed, yesterday, without predudice, for plaintiff's failure to prosecute and to comply with a court order.
I had a talk with the lawyer last week and his telling me to wait even though 60 days has passed and we have not heard anything yet. Well it goes against everything I've read on this forum. So am a little confused.
Would it be wise to have him file a motion for default judgement?
Anyone's knowledgeable comment or advice would be very much appreciated.
 
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Hi Lazycis,

After several reading of various threads, it is obvious that you are in deed very knowledge with immigration cases.

I filed for N-400 application based on 3-year marriage on Nov 19 2008, and was interview on feb 2nd 2009 I passed the interview but the officer asked about my wife she wanted to see her and rescheduled another interview on March 31st 2009. Another officer interviewed me and wife separately emphasizing that me and wife live separately which we explained to her her medical condition and my job which takes me back and forth to Kansas, mind you my wife is in kansas and I now live and work in Saint Louis. My case have been pending since then until I filed WOM for USCIS to adjudicate my N-400 application after one and half year of waiting which I filed on 19th Dec 2009 and on 26th Feb 2010 a USCIS officer called me for an interview on the 1st March 2010, the officer told me that my application is pending because my wife lives in Kansas due to medical reason, and due to my job that made me move to saint Louis, which I explained to her, but she said that the law says we both ie my wife need to be living together, after a long talk she said she will deny my application.

what do you think, the living arrangement of my family for now cannot be an issue to deny my application. I will like to prepare my argument in case we go before the judge, I will like to know what is you thought on this, and your help please advise.

Chidi_stl
 
to Brian

Could you please help me for the following questions:

1. I live in Los Angeels. Is "George S. Cardona" the right district U.S. Attorney to serve?
Yes.

2. My case is assigned to Judge Christina A. Snyder;
referred to: Magistrate Judge Carla Woehrle.
Are they friendly and nice?

Hard to tell. In any case, we are hoping that approval arrives before the court ruling, right?

3. For the certified mail, I address to
"Eric Holder / U.S. Attorney General"
950 Pennsylvania Ave.
Washington, D.C. 20530-0001
Is this the right way to write on the certified mail and the little green card (return receipt) to serve the defendant? I read some posts on this forum saying that summons and complaint need to be served to the "Civil Clerk".

Writing Attn: Civil Clerk helps, but it's not required
4. I served all defendant by certified mail + return receipt. I have not received the return receipt from the California District Director. USPS Online shows the summons was delivered to the defendant; and I print out a copy of the delivery status. Do i really need to file the return receipt (post office green card) to the court?

It depends on a court clerk. You have 120 days to file the receipts so there is no rush.

5. Should I file the Certified Mail receipt+USPS online Proof of Delivery+Return receipt to U.S. Attorney General or
Acting U.S. Attorney for Central District California ?
You need to file all return receipts.

I appreciate for your help.

Anytime! Wishing you the best!
 
Hi Lazycis,
I tried to sent you this message to your private inbox, but you have exceeded you alotted storage capacity, so I decided to sent you this via the forum.

I received a call from the AUSA yesterday, that my application has been approved, and she faxed me my Oath Ceremony letter, and also requested I file a motion to dismiss my WOM.

Just wanted to give you feedback as to the latest development, and thank you for your advise and help.

By the way, I have decided to write LSAT and goto Law school next year, after all my immigration experience for the past 10 years, I need to help alot of people like my self out there with immigration issues.

Thanks alot
Stay Blessed
:cool:
 
Chidi_Stl,

That's great news! We must stand for our rights, especially when we know that the truth is on our side :)
 
Well, I went for the update interview and my case was approved ! A few weeks later I went for the oath ceremony. Then right after I went to the court and dismissed the case. I think USCIS approves those lawsuits that they know they would lose in court, but will fight the ones that they think they have a chance to win. An this was it ! I am really grateful to this forum and all its participants for their stories contributions. Specially to Lazycis who as a long-time active member (for few years now !) has provided sound and practical advice. Thank you !
Mrtea
 
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