VSC Processing Times Update
- Thread starter timaeuti
- Start date
In my case, the first step in filing a law suit was finding a lawyer. I realized that I could probably file it on my own. However, I thought that, if I do not have a lawyer filing my law suit, the government may be more likely to perceive my case as weak and thus will be more inclined to fight it.
gctarget06 said:
Here are steps you need to take to file a petition with court. This list was published by Publicus at :
http://www.immigrationportal.com/showthread.php?t=194681&page=11&pp=15
Even though it says "citizenship" - it is exactly the same for AOS Mandamus petition. You can find numerous petition templates both for AOS and citizenship petitions in that thread as well.
"Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit."
As for expenses part, I filed my complaint Pro Se (without a lawyer). I paid $250 district court filing fee plus ~$30 in sending out summons (certified/return receipt). My AOS case got approved 63 days after filing a lawsuit after US Attorney asked INS to expedite my name check.
Filing steps
Gegemon,
Thanks for the steps.
I just called the court clerk to obtain the pro se package.
Do I have to file in a specific federal court office based on my county of residence ?
I am in NJ - middlesex county - what would be my Federal court where I have to file ?
Thanks
Gegemon,
Thanks for the steps.
I just called the court clerk to obtain the pro se package.
Do I have to file in a specific federal court office based on my county of residence ?
I am in NJ - middlesex county - what would be my Federal court where I have to file ?
Thanks
h1empl said:
h1empl,
It should be a federal district court - for the district you live in. I do not know how many districts are in NJ, but should not be many. These districts are different from the county judicial districts - you need to find a right federal district. Try google for federal court NJ. Like NC has only 3 federal court districts, and several hundred of county districts.
timaeuti said:
About two weeks for all Washington D.C. guys, and may be 3 days for a local US Attorney. And that was the more important date - because US Attorney defends the other guys and consider his/her receipt date as a starting date.
Also DHS did not sign and did not put a date on their "return receipt", - it came back empty - like if it is straight from the post office - so I had to serve them one more time and lost a month on that. How nice is to deal with accomodating government employees.
Gagemon,
First of all congratulations on your approval.
Wonder if you've received your approval in mail yet. If so, how long did it take? If you can share which city you live in, it would be great.
Can you please also share your I-551 stamping experience and what documents you had to provide and/or surrender?
Has your plastic card been ordered yet? If so, how long after your approval did they order it? And was it ordered before or after your I-551 stamping?
Your responses would be greatly appreciated.
First of all congratulations on your approval.
Wonder if you've received your approval in mail yet. If so, how long did it take? If you can share which city you live in, it would be great.
Can you please also share your I-551 stamping experience and what documents you had to provide and/or surrender?
Has your plastic card been ordered yet? If so, how long after your approval did they order it? And was it ordered before or after your I-551 stamping?
Your responses would be greatly appreciated.
Does anyone have any idea when USCIS is going to update the processing times? Last time they sat on Dec 1, 2004 for three months, at least it showed a little progress in the recent update. Its already the 23rd and still no news. I guess they are not bothered to update it anymore, since its probably going to be 4 days of progress.
VI485
VI485
peeved said:
Peeved,
Thank you for your congratulations. I received approval letters in one week after e-mail notification. Approval letter said sit tight and wait for biometrics appointment. It did not come yet, so I made an infopass appointment in Charlotte (I live in Greensboro, NC) to do my passport stamping and maybe give them my photos and fingerprints or ask an officer for biometrics appointment. It is for tomorrow, so I'll keep you posted.
The date stays at December 16, 2004.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
In the meantime, two weaks after filing I contacted my lawyer regarding the status of service receipts. He said he got only VSC, US CIS and FBI receipts. The receipt from US Attorney did not come after two weeks.
I called VSC and talked to their rep. The rep was very nice. He said he himself is frustrated with FBI Name Check delay an his subsequent unability to give unsatisfactory explanation. The rep also said that, as a result of law suit, my case was transferred to an action officer, not to be confused with adjudication officer. So, some sort of action should follow.
My attorney told me that he contacted VSC via AILA Liason with the purpose of speeding things up. After all, now that we filed the law suit, we fit theit expedite criteria. VSC responded with the request to fax the complaint to their counsel, which my attorney did approxmately a week after filing.
I will post further developments as they occur on this thread for those interested.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
In the meantime, two weaks after filing I contacted my lawyer regarding the status of service receipts. He said he got only VSC, US CIS and FBI receipts. The receipt from US Attorney did not come after two weeks.
I called VSC and talked to their rep. The rep was very nice. He said he himself is frustrated with FBI Name Check delay an his subsequent unability to give unsatisfactory explanation. The rep also said that, as a result of law suit, my case was transferred to an action officer, not to be confused with adjudication officer. So, some sort of action should follow.
My attorney told me that he contacted VSC via AILA Liason with the purpose of speeding things up. After all, now that we filed the law suit, we fit theit expedite criteria. VSC responded with the request to fax the complaint to their counsel, which my attorney did approxmately a week after filing.
I will post further developments as they occur on this thread for those interested.
crocodile tears
>I called VSC and talked to their rep. The rep was very nice. He said he >himself is frustrated with FBI Name Check delay an his subsequent unability >to give unsatisfactory explanation.
timeauti,
Thats a lot of crocodile tears from the rep to make you sick even more.
>I called VSC and talked to their rep. The rep was very nice. He said he >himself is frustrated with FBI Name Check delay an his subsequent unability >to give unsatisfactory explanation.
timeauti,
Thats a lot of crocodile tears from the rep to make you sick even more.
Gagemon,Gegemon said:
You're very welcome. Thank you for responding.
My case was approved on 01/13/2006. I received both my approval and biometrics appt. notices on 01/21/2006. The biometrics appt. is for 01/31/2006. (Though, on 01/15/2006, I'd already scheduled my infopass appt. for 01/30/2006 ). I live in CA and filed in VT because my employer is headquartered in MA.
I know of someone here who was approved on 01/12/2006. He received his plastic card along with the approval notice on 01/19/2006; a week after he was approved.
Guess we still do not have uniform USCIS procedures. Good luck with your info pass. appt. Please keep posting and keep us upto date.
I got my passport stamped during Infopass appointment in Charlotte, but was not given a biometrics appointment. Was told to keep waiting for the letter with appointment.It has been 5 weeks already after the approval.
I called USCIS Customer Support Center and they scheduled me for an appointment in ASC but they only gave me a confirmation number, not an actual letter. I'll try to go just with that number.
I called USCIS Customer Support Center and they scheduled me for an appointment in ASC but they only gave me a confirmation number, not an actual letter. I'll try to go just with that number.