AUSA asked to withdraw/dismiss the 1447 (lawsuit) and they promised to give a decision in 30 days?

gcdetails said:
My lawyer told me few weeks ago itself its a standard protocol that they ask to dismiss but if they don't make a decision, he should be able to reinstate the case.
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Of course he can reinstate or refile the case if they don't make a decision ... but at whose expense? Would he expect you to pay him again?
 
I don't think I have an option, I will have to pay as it won't be a good idea to have an argument with my lawyer. I'm already tensed with this delay, I hope it goes well.
 
You do have an option. If USCIS doesn't make the decision within the designated time (allowing a few days extra), just say to him that he withdrew the case without asking you first, so he shouldn't charge you more to reinstate or refile it. He works for you, and you are the boss, not him!
 
gcdetails said:
I don't think I have an option, I will have to pay as it won't be a good idea to have an argument with my lawyer. I'm already tensed with this delay, I hope it goes well.
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Mr. Immigrant,

Let me tell one thing, when it comes to $$$, no argument is big or small enough. You don't have to argue with him, you just have to tell him that he should refile on a pro bono because he consented to the withdrawal without your approval, especially as the case never brought about a favorable outcome (approval and oath date). I can't see how that can turn into argument and bad relationship, because those who are afraid to state their viewpoint end up being rolled upon like a door mat.
 
I'm curious, what are PACER and AUSA? Is this a case where the OP was waiting for a decision on a citizenship interview that didn't come within 180 days?
 
AUSA has good faith to help you when they asked you to dismiss the lawsuit.
 
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delay1447 said:
From this lawsuit forum, I learn that AUSA has good faith to help you when they asked you to dismiss the lawsuit. He promised to me that he will instruct USCIS to adjudicate my application as soon as my case dismissed. I trusted him and my N-400 was approved accordingly.
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delay,

Thanks for sharing. I have trying to drill this point about the good faith effort on the part of AUSA. If the AUSA doesn't force USCIS to act and the case is refiled, the AUSA is normally chewed by the judge. I have actually seen it happen at a District Court here in DC.
 
To my understanding, AUSA has no reason to trick you to dismiss the lawsuit.
 
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I have a meeting with the lawyer today. My wife's case is dismissed but when I objected, he didn't respond to my AUSA. I'm planning to ask him to call AUSA in front of me and ask him if we dismiss, are we sure we will get a response in 30 days? If we don't, can we reinstate immediately after 30 days? Also, I'll ask my lawyer to follow up in another 15 days. I'm not convinced that they will be able to do something in 30 days (1 week has passed for my wife)since nothing has happened in last 4 months after filing lawsuit.

Please respond with your ideas, it really helps...
 
gcdetails said:
I have a meeting with the lawyer today. My wife's case is dismissed but when I objected, he didn't respond to my AUSA. I'm planning to ask him to call AUSA in front of me and ask him if we dismiss, are we sure we will get a response in 30 days? If we don't, can we reinstate immediately after 30 days? Also, I'll ask my lawyer to follow up in another 15 days. I'm not convinced that they will be able to do something in 30 days (1 week has passed for my wife)since nothing has happened in last 4 months after filing lawsuit.

Please respond with your ideas, it really helps...
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The AUSA wouldn't have said that a decision will be made within 30 days if it wasn't possible. As others have posted in similar circumstances, agreeing to drop the lawsuit is just part of the legal process. The AUSA wouldn't be willing to risk saying a decision will be made within a specific amount of time if it wasn't true.
 
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gcdetails said:
I have a meeting with the lawyer today. My wife's case is dismissed but when I objected, he didn't respond to my AUSA. I'm planning to ask him to call AUSA in front of me and ask him if we dismiss, are we sure we will get a response in 30 days? If we don't, can we reinstate immediately after 30 days? Also, I'll ask my lawyer to follow up in another 15 days. I'm not convinced that they will be able to do something in 30 days (1 week has passed for my wife)since nothing has happened in last 4 months after filing lawsuit.

Please respond with your ideas, it really helps...
Click to expand...

GC,

I think you are wasting your time, you should go ahead and dismiss the lawsuit because the AUSA has to make a good faith commitment to ensure USCIS resolves your case. What the AUSA can't do is this: "Mr GC, we will adjudicate you case on Oct 11, 2010 at 11am". The AUSA doesn't deal with IO, she/he will deal with supervisors who regularly work on these cases and usually issue directives to IOs to resolve those cases and report back to them, which in turn the communication is send to the AUSA to file with the request for dismissal. Final step involves you getting a letter of approval or denial.

One of the issues you have to understand is this, your case is NOT the only one which the DO is dealing with as it pertains to 1447 (B) filing, so for other people who sued before you, their cases are being resolved now. I would strongly recommend that you find the courage to be more patient and trust your lawyer. Personally, as a lawyer I would be offended if my client came to my office and told me, Southner call the AUSA and tell him I want him or her to do this and I want to be hear this conversation myself, it could create the bad relationship which you seek to avoid. I am certain after reading your post, the lawyer you have is a competent one and with your best interest at heart. Remember, best outcomes in such situation aren't created by a confrontational stance with the AUSA, but more collaborative efforts recognizing that the AUSA and your lawyer are court officers, with the commitment to practice their trades with the highest level of ethical conduct aimed at serving all parties. Each week that passes without you dismissing the lawsuit, you delay the final decision. 30 days is in most cases, sufficient time to resolve the N400 issues. The worst that can happen is to refile, which won't happen, because most AUSA want to be the TUSA themselves...

My friend, go to Whole Foods, find yourself some acai berry juice, bananas, blueberries and some orange, get home and make yourself a monster smoothie, it will do wonders to your patience level.
 
My 1447 case is dismissed on 9/28/2010 and my lawyer mentioned that we can reinstate the case since the dismissal says "WITHOUT PREJUDICE" and he sent that email also to the AUSA asking him to dismiss but reminded him that we will reinstate. Its been 3 weeks for my wife and nothing has happened, I hope it gets resolved and we don't have to reinstate it.
 
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