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  1. M

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

    yeah, it did have "without prejudice" phase. I signed it and emailed AUSA just now. Thanks again for all your help!
  2. M

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

    Hi, folks I had my N-400 interview this afternoon. I passed the interview and would like to share my interview experience with you all. My appointment time was 1:30pm and I arrived at 1:05pm. When I was approaching the reception counter, I saw a receptionist and a gentleman(standing) there. As...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    folks, I had my interview and I passed today. I also got the oath date for Aug 26. I will write more about my interview experience when I get chance. AUSA called me 2 hours after I left the USCIS office, now they want to dismiss the case and emailed me the stipulation to sign. I told AUSA I...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    For ND CAL, Certificate of Service is allowed even for serving the initial complaint(see the excerpt from Prose Handbook I posted above). Maybe that's true for most districts, and that's why Certificate of Service sample is posted on wiki. I am afraid some clerks just don't know it.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    here is what I found from the ProSe handbook of ND CAL: --------------------- What is a certificate of service? After you complete service of the complaint and summons, you should file a “certificate of service“ (or a “proof of service“) with the court which shows when and how you served the...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    did you mail in or hand deliver your certificate of service? I think a lot of people stated here before that they used certificate of service instead of the second page of summon to show that they have served the defendants.
  7. M

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

    I should make a correction here. I filed Certificate of Service which might be different from proof of service(which requires second page of summon?). The court accepted my Certificate of Service without the second page of the summon. I didn't use the returned signature service, only the...
  8. M

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

    I only filed the proof of service without including the summon. It's much easier with proof of service. I am attaching mine here. It's hard to fill the second page of the summon.
  9. M

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

    If you do e-filing, you don't need to send a copy to all the defendants, nor to AUSA. The counsel on record(AUSA) will be notified automatically. But before your efiling is approved and ECF account is obtained, you still need to send a copy of your subsequent pleadings. And in those cases, first...
  10. M

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

    I used certified mail. I printed out the online delivery confirmations and attached them with the proof of service. BTW, after you served the defendants and AUSA, you can just use first class mail for all subsequent filings.
  11. M

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

    yeah, it's possible. I did it in Oakland.
  12. M

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

    in ND CAL, You just need to prepare one summon which lists all the defendants in the following format: ---------------------- Joe v. Chertoff, et al To: Michael Chertoff et al. ---------------------- The clerk will stamp this summon, then you make copies and send the same summon to...
  13. M

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

    I only served the first page of AO440. I didn't use the second page of AO440 at all. I just used certificate of service and started that I served the who and who with what a listed documents. I used certified mail to send the summon so I listed the tracking numbers too.
  14. M

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

    I will have my interview on 8/14. Can any WOMERS share your interview experience? I am just worried that the interview officer might give me a hard time and ask all kinds of questions/documents since I sued them. In the IL, it only asks to bring my GC, passport and drivers license(I knew I am...
  15. M

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

    I just came back from the case management conference about 2 hours ago. When I arrived the court house, I saw the AUSA and her assistant(a certified law student) walked into the court room before me(I guessed that). After I signed in with the clerk , the AUSA greeted me and introduced...
  16. M

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

    I have a case management conference tomorrow. Is it better to wear suit or normal office attire(shirt, dress pants) is good?
  17. M

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

    an update to my case: The assistant of the ASUA called me today and informed me that my interview date has been scheduled for 8/14/2008. I haven't received the IL yet though. The assistant told me that they were going to ask the court to dismiss my case during the upcoming Case Management...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    I believe you need to file in SF/OAK(where you reside). I did my initial filing in Oakland but was assigned a judge in SF. Based on the new General Rule 61, it seems hearing is no longer required for MSJ. So hope they will get your case resolved before any hearing is conducted :-).
  19. M

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

    I bet AUSA will say that the delay was caused by extensive FBI background check, and since NC has been cleared, I cannot request USCIS to expedite my application. Well, I know all depend on the judge :-) anyway, I will ask for expedited processing and oath during the case management...
  20. M

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

    If they tell the court that my NC has been cleared, will the court wait for their further action(IL) before making a ruling(or dismiss the case)? Can I still ask the court to compel the defendants(specifically USCIS) to expedite the interview and adjudication(they can argue that USCIS didn't...
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