Was anyone DENIED by CIS right AFTER complaint was filed?

W

Wazowski

Registered Users (C)
Please post here.

Curious to know if you are going to hire a lawyer to oppose it.
As far as I understand, since the complaint was filed, CIS dos not have jurisdiction upon the case.
I suppose that AUSA will file a Motion to Dismiss since the case should be mooted and the court deprived, but I am not sure if one can handle this matter without a lawyer.

Any input is appreciated.
Thank you

(4th circuit. MD)
 
Motion to Dismiss, please help

I Got an motion to dismiss today and they said they have no juristriction over FBI. What should I do in this case. I have filed my writ of mandamus for I-485 approval on July 14th
 
If you are filing under 8 USC 1447(b) (120 days after initial examination of N-400 application) the entire 'the court has no subject matter jursidiction' is a pile of b/s.

If you are concerned about this, shoot me a PM with an email address...I can email you a response to 'order to show cause' (a response to gov't challenging subject matter jurisdiction); applies to lawsuits filed based on 8 USC 1447(b) only.

Cheers!

Legal
 
How do you know your name check clearance date?

LegalAlien99,

I am just curious as to how would someone come to know about their name check clearance date as mentioned in your signature? Appreciate your answer in advance.

Thanks
 
LegalAlien99 said:
If you are filing under 8 USC 1447(b) (120 days after initial examination of N-400 application) the entire 'the court has no subject matter jursidiction' is a pile of b/s.
Click to expand...

Hey LegalAlien,
Happy to see you check in :) even though your nightmare is over. Please stay tunned as many of us still need a lot of help from the veterans.
Regards
 
LegalAlien99 said:
If you are filing under 8 USC 1447(b) (120 days after initial examination of N-400 application) the entire 'the court has no subject matter jursidiction' is a pile of b/s.

If you are concerned about this, shoot me a PM with an email address...I can email you a response to 'order to show cause' (a response to gov't challenging subject matter jurisdiction); applies to lawsuits filed based on 8 USC 1447(b) only.

Cheers!

Legal
Click to expand...
Congratulations man!
So did you file a lawsuit or did u just get the oath naturally?

thanks
 
In the 4th Circuit, USCIS retains jurisdiction and can deny your naturalization application.

The decision is several years old and pre-dates the Hovsepian case in the 9th circuit. In fact, the decision was based on an older 9th circuit case, but that case was distinguished and overruled by the same court in the Hovsepian case. But in the 4th circuit, no case has been brought before the appeals court, so the decision still stands.

My application was "denied" a few days after USCIS received the summons. They based it on the excuse that I failed to send additional evidence that was requested at my interview. I had in fact sent the information by UPS and during my infopass appt and talk with the DO Director, this missing evidence was never mentioned. After some haggling and pointing out to the AUSA that I would be willing to fight it to the court of appeals and that it would be overturned based on the Hovsepian case the application was processed as normal (as possible with a lawsuit pending) and I was finally naturalized. I even had the AUSA, USCIS legal office, and DHS legal affairs office calling at one point trying to get the application to move forward.

When they tried to deny my case based on the stupid excuse, I wrote to my senator and members of the Senate judiciary committee. Shortly before I was naturalized the AUSA mentioned that my case had attracted attention. So I doubt they'll try denying another application while it's pending in court.


Wazowski said:
Please post here.

Curious to know if you are going to hire a lawyer to oppose it.
As far as I understand, since the complaint was filed, CIS dos not have jurisdiction upon the case.
I suppose that AUSA will file a Motion to Dismiss since the case should be mooted and the court deprived, but I am not sure if one can handle this matter without a lawyer.

Any input is appreciated.
Thank you

(4th circuit. MD)
Click to expand...
 
Would appreciate your answer

LegalAlien99 said:
If you are filing under 8 USC 1447(b) (120 days after initial examination of N-400 application) the entire 'the court has no subject matter jursidiction' is a pile of b/s.

If you are concerned about this, shoot me a PM with an email address...I can email you a response to 'order to show cause' (a response to gov't challenging subject matter jurisdiction); applies to lawsuits filed based on 8 USC 1447(b) only.

Cheers!

Legal
Click to expand...

LegalAlien99,

I am just curious as to how would someone come to know about their name check clearance date as mentioned in your signature? Appreciate your answer in advance.

Thanks
 
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