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

[Publicus]

The letter they sent me, on December 06, 2005, says:

"This acknowledges receipt of your Freedom of Information-Privacy Acts (FOIPA) request to the FBI. The FOIPA number above has been assigned to your request."
"We are searching the indices to our central records system at FBI Headquarters for the information you requested, and will inform you of the results as soon as possible."

I think the FOIPA is helpful also for Petition for a Hearing under 1447b, cause it shows to the Judge that your FBI NC is not an issue so is no reason for delay to "complete the Name Clearance."

Considering that their letter (FBI's) is dated 12.06.2005 should I wait a little bit more or should I call the number you just gave me?

Vulpasin, that's the same letter I received from them. You said you sent the FOIA about a month ago. That sounds about right. You should receive something soon. After a month they send you the above letter, then in two weeks you get the NO Records response. That's what happened to me.

The No Records will indeed prove to the Judge that the delay is unreasonable since you have no records indiced to your name...That's WHY it is always a good idea to attach the FOIA response with your petition.

[qim]

Thanks Vulpasin for this link: http://www.rootlaw.com/n040510.htm.

It in particular shows that at least some lawyers prefer Petition over Mandamus... so far I never heard of a professional lawyer opinion like this.

This site in particular says:

"The judicial relief can come in two forms:
1) An adjudication of the naturalization application in court and by the court, or
2) A remand to CIS for immediate adjudication"

and then:

"In many cases ... you will likely want to ask the court to decide the application, rather than submit to the delays associated with further agency proceedings"

Is this particular judicial relief is what's under extensive discussion and mostly recommended here?

[horiba]

olgat, you're right, I used his name and SF office address.

I filed the complaint in person and was assigned the case number and the judge on the spot.

The clerk took the check, two copies of complaint (1 orginal+1 copy), one orginal cover sheet, one copy of Summon (with all the defendents' address in one single summon).

I got my own copy of complaint stamped, and 5 copies of summon stamped. A booklet of Dispute Resolution Procedures that should be sent to the defendents also.

Now comes to the technical part of serving the defendents. The clerk was not very helpful at that point, just told me I need to have someone else older than 18 to serve the defendents. I ask her, if I send them by certified mail with return receipt. I didn't get a straight answer, she just tell me to look in the rules. Anyone can kindly look at the form that is attached to the summon and give me your thought.
I believe I need to check "Other" and specify by mail with all the receipt received attached to it. Then I should ask my friend to sign the paper since I myself can not be the server to executed. Is that right?

Thanks

[vulpasin]

http://uscis.gov/graphics/aboutus/history/Rudnick.htm

[vulpasin]

http://www.ailf.org/lac/lac_pa_071803.asp

[Publicus]

OH MY GOD….MY LAWSUIT HAS BEEN DISMISSED

Finally, FINALLY, PUBLICUS MARCUS AURELIUS IS A CITIZEN OF THESE UNITED STATES. HAHAHAHAHAHA…GUYS I CANNOT BELIEVE IT. I MADE IT. YES…YES…YES.
As a member of this forum I can say to you: Victory is sweet, and as a United States Citizen, I can declare: USCIS IS DEFEATED, THE WAR IS OVER.

Fortune Favors the Bold

From the days of Alexander the Great, till the days of PUBLICUS , this saying has proven itself to be true over and over again. Everyone knows my story. Everyone knows that I’ve been waiting for over three years for my case to be adjudicated. My naturalization application have been lost twice, my interview was cancelled twice, and my life was put on hold. Everyone I knew in real life told me to wait. Everyone told me it was a lost cause, that there was nothing I could do. I was hopeless and depressed. But something inside me refused to give up. I refused to let go.

When I found out about the 120-days rule, I knew it was my salvation. CIS conducted my interview in Feb 2005. I was ready to sue them in June 2005 but some personal issues caused me to move. As soon as I settled, I set sight on the lawsuit and I did it. Everyone I talked to advised me to get a lawyer. But I refused, I decided to follow my inner-voice which told me to stay away from the band of chicken and fight for my rights on my own. I read some lawsuits, educated myself, and decided I can do this. Therefore I filled by myself. I was by the way, the FIRST member of this forum to represent himself in court. I knew many were watching my case, trying to learn as much as possible, and see what would the outcome be. GUYS IT IS WORTH IT. MY LAWSUIT TOOK LESS THAN THREE MONTHS. How long do you think I would have waited if I did not sue?

THE BUSIEST FRIDAY IN MY LIFE

I have spoken with some members on Saturday, and I feel terribly sorry for not telling them about my Oath Ceremony on Monday. But please know that when you had two interviews cancelled, and had your file being lost twice, you tend not to believe in Miracles. Everything happened so fast. It started with a phone call from the Assistant US attorney informing me that the second name check of my new name has been completed and that USCIS will schedule me an oath ceremony as soon as possible. Minutes later the US attorney informs me that the lawsuit must be dismissed for USCIS to adjudicate the case. Without the dismissal, nothing can be done since the Jurisdiction belongs to the court. I wasn’t sure about just dismissing the case since my level of trust in CIS was weak, so I asked the US attorney to add a clause to the language of the dismissal stipulation to protect myself: “In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter.” I signed the stipulation, and my case and hard work were dismissed in a matter of minutes. (I felt a little bit sad about that) Later, I received a phone call form a CIS officer who informed me that they are going to fax me the Oath letter, scheduled for January 9, 2006. I am in disbelief. I give her the number, and 10 minutes later I received the fax. I am about to die of happiness. I wasn’t thinking straight. I was ecstatic, happy, wanted to cry, fly, I was feeling every happy human emotion in one moment. It is important to notice that the CIS officer told me before she hang up: “Drive safely!” I almost cried. CIS telling me to drive safely. This doesn’t happen everyday. She sounded like mom.

THE OATH CEREMONY

The Oath was on Monday @ 2PM. I took two days off. I decided to drive up there on Sunday afternoon. The Ceremony was 5 hours away from where I live. I spent the night in a Hotel, two blocks away from the convention center where the ceremony is being held. Needless to say that I spent the night doing my reconnaissance of the building. I knew where I had to be in the next day.
I couldn’t sleep that night. I swear I woke up every 30 minutes. I went to bed at 3 AM and woke up at 7AM. I had breakfast, and drove around the city for awhile. I also went to a Fine Cigar store, and bought me a Robusto Bolivar Churchill Cigar. I called it, my victory Cigar. I DEFEATED CIS AND ITS ARMADA. I am this forum’s Simon Bolivar. At NOON SHARP, I was back in the Hotel, where I took a shower and prepared for my oath. I wore my best clothes: A dark navy suit, with a powerful red tie, a white shirt, with silver French cufflinks and black shoes. A white handkerchief in the vest’s pocket completed the picture. I was ready for the day of days. I went there at 1:15 pm, and stood in line for almost an hour. The door opened and I got ready to face another CIS challenge. My last challenge as an Alien. My last encounter with CIS as an immigrant.

THE FINAL CHALLENGE

At 2:10 pm, I was at the door. A CIS officer checked my oath letter and noticed the answer to question four: “Have you been arrested, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, including traffic violations?” She asked me if I brought documentation regarding this point. I told her: Yes. When I went to my line, an officer handling the line next to mine refused a person in front of me. At that moment, a solemn and grave spirit hanged around me. I knew at the time that the journey was not over yet. My smile disappeared, and I became extremely focused. While waiting in line, I studied everyone’s encounter with the officers. When I got to my officer, she asked me about number 4. Her first question was: When was your interview. I replied, Feb 2005. She said what happened here: I said I had two tickets, one was dismissed and one was paid. The next thing she did, caused me to really panic.

[Publicus]

THE LAST HOURS

My last hours as a permanent resident, were mixed with emotions. On one hand I was very happy to finally reach this point, but on the other hand there was a strange feeling about having to give up my Green Card and current status for a new and better one. My final interaction with CIS officer added another emotion: that of Paranoia.

When I answered the Officer that I have received two tickets, she gave me back my Green Card, and reached below her to pick up another form. When new forms get involved, I get paranoid. While she was writing on the form, my head was running at the speed of light thinking about different outcomes, and what I can do. Finally I couldn’t hold it and I said: “IS THERE A PROBLEM OFFICER?” in a very relaxed manner she replied: “No, just a supervisor have to approve this now.” So I told myself: This is just great…I don’t believe this. People behind me are being seated, and I, I have to talk to a supervisor, what an Omen. I went to line 10 to see the supervisor who was looking angry. He was already dealing with two people and making phone calls to check their cases up. He asked them to move to the side, and asked me to approach him. I came to him with the widest smile I ever put on my face. My face muscles still hurt from that smile. I greeted him asking: How are you Sir? He replied: FINE! What is the problem here? I explain the issue, and every time I said something he said: “YOU WERE DRIVING WITHOUT A SEATBELT?” YOU DID THIS, YOU DID THAT…I told him it was all taken care of, here are the court orders. He made it feel like I was in trial. Finally, he just stopped talking and kept reading the paper for like two minutes. Just imagine how I felt during those two minutes. It was like being in front of some Middle-Ages King who will say: Cut this guy’s head, OR let him live.

FINALLY, FINALLY, he said: Can I keep these copies…I said: **** YEAH MAN. Well these Were not really my exact words, but you get the point. I said: “Yes.” He said, ok, just go back to your officer and she will take care of you. I went back dragging my feet. I was so exhausted at that point. Now did the officer quickly process the form? Of course NOT. CIS made a decision a long time ago, they said we will make poor Publicus pay heavily for his citizenship before we are going to give it to him. When I went back to the original officer, she couldn’t understand what the supervisor did. It took her another minute to understand what he really did. And FINALLY she took away my Green Card.

THE BIG MOMENT

The Judge came to the convention center at 3 PM. Then the Big room changed to a Courtroom, and we all stood to recite the Pledge of Allegiance to the Flag of the United States. Thereafter a lady recited the Star Spangled Banner, and in the end the Judge asked a representative of the government to make their motion. The agent told the Judge: Your Honor the government processed 499 applications and besides the 26 absent people and the few who had to be continued, we move the Court to administer the Oath of allegiance. The Judge Granted the motion and ask us to stand, raise our right hands and say the Pledge of Allegiance. The Judge’s voice was solemn and powerful. And we became U.S. Citizens. The Judge after that gave a beautiful speech about Citizenship and the Great prosperous future of the United States, then left. The whole process was extremely formal.

LAST WORDS

In the end, we had to go back to our lines to give them back the oath letter and receive the Naturalization Certificate. I was still worried as I wanted to make sure there were NO MISTAKES made about my name and personal info. And indeed, it was perfect. I received my Certificate, signed it and can now declare that my Journey toward U.S. Citizenship is officially over. In the evening I celebrated by smoking a cigar and drinking a nice cold Corona beer (heavy on the lime).

I spent the whole day and night with my Certificate. It did not leave my sight. In the morning, I filed for a United States Passport via expedited processing, two ways overnight.

My Journey took some 1225 days (over three years and three months). It was an amazing one. The secret to my success were two things: (1) I never doubted the fact that I would win, and (2) I always considered myself an American. With or without a Citizenship, it was my thinking as a Citizen that got me through this ordeal. My advice to everyone out there is: Have a passion and pursue it with all your heart. If your passion to become a U.S. Citizen is strong, then keep it alive. NEVER GIVE UP. Try many things. Since my interview in February 2005, I tried one thing everyday. Sometimes I just call the 800 number. But at least I do something. More importantly, don’t listen to the people who put you down and make you just wait. The system works. It may be slow but it works. I have well-documented my journey on this forum. I am indeed the proof of how successful a Pro Se applicant can be. You guys can do this. If you are sitting at home waiting for an oath letter, or for your name check to be cleared, then you should get up and take action. The feeling of victory is so sweet. There is nothing like it.

DEDICATION

There are some people that I’d like to thank. I dedicate this victory to some abstract people not directly associated with our forum, in this I nominate Aurora, and Lamine Zeroual whom I learned a lot from. The Assistant United States Attorney, who was a very professional woman. The Founding Fathers, whose legacy and genius creation of the system of checks and balances lives on, The American people who recognized the greatness of this creation and knew how to protect it, the District Court who allowed me to bring suit, its employees, who answered many of my questions, the U.S. Senate who allowed a provision such as 8 USC 1447 (b) to exist. From this forum I’d like to thank: Rahul Kumar whose story really inspired me, Sony, my buddy in combat, Vulpasin, with his great wittiness, (I wish you both good luck), tsa3400, Jenimmi, ocworker, dw2005, wafr, slowjedi, Manyung, homeschoolmum and her sweet and warm words to me in times of despair, gegemon.
Those who are still waiting on their citizenship, I wish you the best, and in here I have in mind: Simone, Bashar, Needsolution, Anahit’s husband, zaraza's husband, and many others. I know the list is long, and I am trying to remember everybody’s name. Forgive me if I did not post your name here but I will do so later.

Good luck guys, your day will come: LOOK AT ME. I MADE IT…I MADE IT…I MADE IT.

YES, it is a great feeling. The Best in the World.

[qim]

1447b Petition

Hi, I am from San Francisco area and am in preparation of the 1447b petition. I've noticed certain discrepancies between official materials, and I'm wondering whether or not this is important and which way should I go.

Specifically, 2006 Pro Se Handbook and Civil Local Rules from the Northern District of California site (http://www.cand.uscourts.gov/) require strictly defined structure of petition, including certain paragraph order. In particular, petition should start with JURISDICTION followed by INTRADISTRICT ASSIGNMENT. (Local rules specifically state that both these paragraphs must be included).

At the same time, in the example of recent petition "1447b petition.pdf" from this thread (http://www.immigrationportal.com/att...chmentid=13567, filed 10/11/05 with Northern District of California), first goes PARTIES and then JURISDICTION, VENUE, etc. The paragraph INTRADISTRICT ASSIGNMENT is absent at all.

The question thus is: what should I follow while preparing my petition, latest District rules or recent example of actual petition (of course, it would be much easier to follow example rather than run through huge volumes of local rules and laws).

Any opinions? Thank you very much for your help.

[ICU Doc]

Congrats Publicus! And thanks Wonder Boy!

I am still waiting to collect enough ammos for my Mandamus. I filed FOPIA request, and upon a receipt of "No Records" (crossing my fingers), I would contact Congressman (btw, is there a right one to contact? or anyone I could contact locally?)

Hey Wonder Boy, have you done all these before filing your Mandamus?

- HoustonRockets

I am no expert but I can tell you that there is a "right" congressman to contact. Go to www.house.gov, click on contact your representative "left column". You then need to enter your address and the program will tell you who is your representative and give you the option to email him/her. Otherwise the congressman may choose to deny your request as out of his/her jurisdiction. If you choose to contact the senator (next step) then it does not matter much because both senators cover the whole state.
Good luck

[Publicus]

For more information about Civil Lawsuit, refer to the Federal Rules of Civil Procedures (FRCP). They are a great sources for answers on Summons, who to serve, etc...

http://www.law.cornell.edu/rules/frcp/index.html

[Publicus]

Hello to my Hero "Publicus",

I just done with my interview last week, and I NOT waiting for oath letter, I am waiting for the 120 days rule to be offer so I can sue them. What kind of exhibits do I/we need. I am preparing my self from the day of the interview for my lawsue.
Thank for been good fighter and get what is yours and helping each and everyone here to fight for what theirs.

Good for you. It's always good to have a back-up plan. That was my plan since I had my interview. To sue the Bastards if no decision has been made within the statutory time.

Exhibits I included are:

My N-400
FBI no records FOIA
Military awards
DD-214 Honorable Discharge
Congressman letters

Basically you can add any document that you think might make your case powerful. When you complaint is well written and solid, it will further push the US attorney to settle the case as quickly as possible.

[tsa3400]

Everyone, in the wake of 9/11 there is no use waiting for Name Check to get cleared as the FBI will not move unless you file your Writ of Mandamus(Green Card - AOS) or you file for 1447 (N-400 - Naturalization), even though you have congressional assistance or even senatorial assistance. This is simply not going to work. So please file your case. I have included my case for Writ of Mandamus if ya'll want to use it, make sure you make copies of all your correspondences from the last few months and put as Exhibits. Everyone's case is different so please use according to your needs.

Also I got a call from the US Attorney's Office in Massachusetts saying that he has handled a lot of these cases and the FBI will only help expedite or entertain cases with Mandamus or 1447 filing. This I tell you because my Name Check got cleared on Jan 12th and I filed on Dec 23 last year. So please file your case and do not hesitate. Also I asked him (US Attorney) if the USCIS will deny now since I have made a Civil Case against them with my case and his response was ofcourse not. Why do you think they have a new Head in the Dept of USCIS, they obviously had issues with the previous person heading (Eduardo Aguirre) the department and so they know they have failed miserably. So just do it. The more the cases the better.

This way the government will know what the hell is going on with Tax payers who are foreigners, living legally and want to move on in life. Also do it before the Congress approves on HR 4437. Act now. Take care and all the best you all. This is the reason why I'm pushing you all to file a case, let be a Mandamus or a 1447.

But make sure you do what Publicius said first

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.

People to serve are

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

[GreenCardVirus]

I found this information helpful to begin with. Take a printout and read it.

http://www.uscourts.gov/allinks.html

[believeinluck]

Publicus, please look at this attachment. It looks awful. The lawsuit that was filed under 8 U.S.C. 1447(b) was dismissed at the same court house that I filed. I don’t know what to do. I found out to whom my case was assigned at the US attorney office. Should I try to make an appointment and talk to him?
Thanks in advance.

[chandler]

This link generalizes the law can be used in our Writ of Mandamus.

http://www.immigration.com/litigatio...intiffsLaw.doc

[bashar82]

Today in the mail, I received a denial notice. It was dated 8 February 2006. Surprisingly, it was sent my regular mail though the regulations clearly state that is must be delivered in person or by certified mail.

The basis for the denial was that I never sent in the notarized affidavit I was requested to submit within thirty-one days of my interview. The document was notarized and sent by UPS on 10 June 2005 (two days after my interview).

In September 2005 I was told at an INFOPASS appointment that the delay was caused by the pending namecheck. In December 2005 the District Director left a message on my voicemail and said that the delay was caused by the pending namecheck. In December 2005 I also received a status update that mentioned that the delay was caused by pending background/security checks.

Now, a month after I filed a lawsuit, I was determined to be ineligible because I didn't submit a notarized affidavit. This is clearly retribution. I guess I'll be spending this weekend writing a motion.

[bashar82]

I have proof of delivery of the documents by UPS to the USCIS Norfolk Sub-Office. I also sent a certified letter with return receipt on September 20, 2005 in which I wrote "I couriered the form you handed me at the end of my interview on June 8, 2005 to your office on June 10, 2005. As I have not received any requests for additional documents, I assume the notarized document and statement were sufficient." Furthmore, the letter in response to my status inquiry with the NCS only mentioned that the delay was caused by pending security/background checks.
I'm gonna write a letter to my state Senators and Senators who sit on the Senate Judicial Committee to let them know how USCIS acts.
Don't worry, I'll fight this to the end!!!

[bashar82]

I wrote an official complaint the the CIS Ombudsman. I included a copy of my letter where I asked the officer if the documents I had sent were sufficient to meet the requirements. I mentioned that USCIS never indicated to me that I had missing documents and that they continiously stated that the delay was cause by pending background checks. I also that that it is clear that this decision was made in retribution to the lawsuit I filed a month ago. I'll send it by certified mail first thing Monday morning. I just finished faxing a copy of that letter with a note to my state Senators and members of the Senate Judiciary Committee as they have oversight over USCIS.
I'm going to try and set up a meeting with the US Attorney's office to show them, in person, the BS their clients pulled.

[Suzy977]

On February 01, 2006 I was planning to go the District Court and file a lawsuit under 8 U.S.C. 1447(b)

Few days before the end of January I got the letter from FBI saying that my Name Check was completed after the intervention of the White House.

Of course I'm happy that in 2 weeks from now I'll be an American citizen, but also I'm a little bit disappointed and frustrated, because I was 110% ready to go to Court and kick those s.o.b.'s @$$.

Since I had my lawsuit complaint ready and I don't need it anymore, before I trash it, I'm going to post it here, maybe it will help as a model for the people who are thinking to sue the CIS.

See Attachment.

Good luck everybody

[EGYPTIANCASTLE]

I have just filed and served the USCIS, FBI, DHS, US Attorny General and US District Attorny today, I have filed the 1447 (b) 120 days rule Pro Se (by myself without a lawyer), and I am attaching the Pro Se guid booklet, the civil cover sheet, the summons, and a document from the DHS about the name check thing, I hope you guys find it helpful in our long fierce fight with those lazy Gov. employees......

[EGYPTIANCASTLE]

try to read the PRO SE package (attached) for what to do about serving and after, and also why you dont give a call to the court clerk in your district www.uscourts.gov and good luck to us all and GOD Bless America

[Suzy977]

This link, apparently has a bundle of valuable info.

Check it out:

http://www.ilrc.org/resources/ccp/A...20Advocates.pdf


.

[EGYPTIANCASTLE]

Here is some info I have gathered over time, you might find it useful. Good luck:

FBI Headquarters main number is: 202-324-3000 (ask
the operator to transfer you to a supervisor in Mr. Hardy's section)

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 20528

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, DC 20535-0001

DHS/ USCIS
Office of the Chief Counsel
20 Massachusetts Ave. N.W.
Suite 4025, Fourth Floor
Washington, D.C. 20529

this is the AILF contact info, why not run this issue by them.
Nadine K. Wettstein, Director, Legal Action Center
202-742-5600 ext.5611 (nwettstein@ailf.org)

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.
For the employees of DHS, you send the summons to the Office of the General Counsel. Since you sued Alberto Gonzales, send one to him, and send the summons to the local US attorney office, call them and ask for the correct address. So basically, the Divine and Chertoff copies go to the General Counsel. The Attorney General's copy goes to him, and finally one copy of the complaint goes to the local US attorney. (address it to him)
As follows is what I got from Rule 4 Summons of Federal Rules of Civil Procedure http://www.law.cornell.edu/rules/frcp/Rule4.htm

(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.
(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and (B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(A) Service on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, is effected by serving the United States in the manner prescribed by Rule 4(i)(1) and by also sending a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.

The rule only mentions registered or certified mail. I will call the Court to see if I can get a definite answer from Clerk.
When you receive the return receipt, file a prove of service with the court.
Remember, call the court's clerk's office if you need help

USCIS Office Contacts, Titles, Faxes and Phone Numbers

Washington DC Phyllis Howard DO (703) 285-6030

San Francisco David Still DADDE (415) 705-4528

San Jose Richard Brown IE (408) 291-7027

Atlanta Dwight Faulkner SRIE (404) 331-2781

Dallas Debra Dunkan-Abreo IE (214) 767-6353

Oklahoma City Larry Dydek SIE (405) 231-5943

El Paso Joseph Grillo SIE (915) 534-6387

Albuquerque Jamie Collier IE (505) 766-2590

Harlingen Barbara Avery SIE (512) 427-8594

Houston Joseph Gallipeau ADDE (713) 847-4826

Miami Mariano Faget SRIE (305) 536-4920

Jacksonville Thomas Ward AOIC (904) 791-2039

Tampa Bidd Burton SIE (813) 228-2165

New Orleans Slyvia Ryan IE (504) 589-6529

Louisville Bruce Firkey SIE (502) 582-8380

Memphis Diane Campbell SIE (901) 521-4155

San Antonio Ralph Traslavina SIE (512) 229-6243

Los Angeles John Tu IE (213) 894-2101

Sacramento Sharon Hudson IE (916) 551-2793

Phoenix Karen Dorman IE (602) 261-6666

Tucson William Johnston OIC (602) 670-6354

Honolulu David Gulick ADDE (808) 541-1382

San Diego LAuren Mack IE (619) 556-6064

Anchorage Gregory Stanley DO (907) 271-4517

Chicago Shirley Roberts ADDE (312) 886-0600

Cleveland Denise Garrett SIE (216) 522-4777

Denver Jack Hartsock SRIE (303) 844-4569

Detroit Della Black SDO (313) 226-3276

Helena Bruce Alland SII (406) 449-5220

Kansas City Mark Mason IE (816) 891-8352

Omaha Ralph Lease ADDE (406) 221-3716

Portland OR Jerry Uhde ADDE (503) 326-5266

St. Paul Dean Hove ADDE (612) 725-3456

Seattle Richard Smith DD (206) 442-5950

Cincinnati Patrick Elersic OIC (513) 684-2412

Indianapolis Don Ferguson AOIC (317) 226-6226

Milwaukee Ronald Swan OIC (414) 297-3565

Salt Lake City Allan Speirs SIE (801) 524-6509

St. Louis Geraldine Frison IE (314) 425-4532

Spokane Russell Manchester OIC (509) 353-2758

Baltimore Linda Fuller ADDE (301) 859-0920

Boston Steve Farquerson ADDE (617) 565-3106

Buffalo Jack Bulger ADDE (716) 846-4740

Newark John Lonergan ADDE (201) 645-2437

New York Maryanne Gantner ADDE (212) 264-5891

Philadelphia (215) 597-8308

Portland ME Gene Quellette ADDE (207) 597-3444

San Juan Robert Bowles ADDE (809) 753-5429

Albany Gary Hale OIC (518) 472-7140

Hartford John Weiss OIC (203) 722-3052

Pittsburgh George Hess OIC (412) 644-3360

Washington, DC District Office
4420 North Fair
Fax Drive Arlington, VA 22203
District Director: Warren A. Lewis
Phone: 202-307-1642

Norfolk Sub-Office
Norfolk Commerce Park 5280 Henneman Drive Norfolk, VA 23513
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: William W. Bittner
Phone: 757-858-7519

San Juan District Office
P.O. Box 365068 San Juan, PR 00936
Physical Address: San Patricio Ofc. Ctr. 7 Tabonuco St., Ste. 100
Guaynabo, PR 00968
7:30A - 4:30P (Mon - Fri)
District Director: Myrna O. Pere
Phone: 787-706-2343
Fax: 787-706-2349

St. Croix Sub-Office
P.O. Box 1468 Kingshill Dr., St. Croix, USVI 00851
8:30A - 4:30P (Mon) 8:00 A - 4:30P (Tue - Fri)
Officer in Charge: Willis T. Reeves
Phone: 340-778-6559

Charlotte Amalie Sub Office
Nisky Center Suite l A, 1st Floor South Charlotte Amalie, St.
Thomas, USVI 00802
7:30A - 3:30P (Mon - Thur) 7:30A - 12:OOA (Fri)
Officer in Charge: Ronald G. Parra
Phone: 340-774-1390

Philadelphia District Office
1600 Callowhill St. Philadelphia, PA 19130
7:30A - 3:OOP (Mon - Wed & Fri) 7:30A - 11:OOA (Thur)
Acting District Director: Charles Zemski
Phone: 215-656-7150
Fax: 215-656-7200

Pittsburgh Sub-Office
2130 Federal Bldg. 1000 Liberty Ave. Pittsburgh, PA 15222
8:OOA - 4:30P (Mon, Tue, Thur & Fri) 8:OOA - 11:OOA (Wed)
Officer in Charge: George R. Hess
Phone: 412-395-4460

Portland District Office
176 Gannett Drive S. Portland, ME 04106
8:OOA - 4:OOP (Mon - Fri)
District Director: Gregory Smith
Phone: 207-780-3399
Fax: 207-780-3521

St. Albans Sub-Office
P.O. Box 328 St. Albans, VT 05478
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: Noel Induni
Fax: 802-527-3260

Newark District Office
Federal Bldg. 970 Broad Street Newark, NJ 07102
8:OOA - 4:30P (Mon - Fri)
District Director: Andrea Quarantillo
Phone: 973-645-4421

New York District Office
26 Federal Plaza New York, NY 10278
7:30A - 3:30P (Mon - Fri)
District Director: Edward J. McElroy
Phone: 212-264-5891

Garden City Satellite Office
711 Stewart Ave. Garden City, NY 11530
7:30A - 4:OOP (Mon - Fri)
Site Manager: Linda Pritchett
Phone: 516-228-9242

Cherry Hill Sub-Office
1886 Greentree Rd. Cherry Hill, NJ 08003
8:OOA - 3:30P (Mon - Tue, Thur & Fri)
Officer in Charge: Carol A. Bellew
Phone: 609-424-7712

New Orleans District Office
Postal Services Building 701 Loyola Ave. Rm. T-8011 New Orleans,
LA 70113
7:30A - 2:15P (Mon - Fri)
District Director: Christine Davis
Phone: 504-589-6521
Fax: 504-589-2504

Louisville Sub-Office
Gene Snyder U.S. Custom House 601 West Broadway, Rm. 601
Louisville, KY 40202
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: Michael Conway
Phone: 502-582-6526
Fax: 502-582-6373

Memphis Sub-Office
1341 Sycamore View, Ste. 100 Memphis, TN 38134
8:00A - 4:30P (Mon - Fri)
Officer in Charge: Mr. Leslie Klinefelter
Phone: 901-544-0256
Fax: 901-544-0281

Detroit District Office
Federal Bldg. 333 Mt. Elliot Street Detroit, MI 48207-4381
7:OOA - 3:30P (Mon - Fri)
District Director: Carol A. Jenifer
Phone: 313-568-6000
Fax: 313-568-6004

Miami District Office
7880 Biscayne Blvd. Miami, FL 33138
7:30A - 8:30P (Mon - Fri)
District Director: Robert A. Wallis
Phone: 305-762-3680

Fort Lauderdale/Port Everglades Sub-Office
1800 Eller Drive. Suite 401 P.O. Box 13054 Port Everglades
Station Fort Lauderdale, FL 33316
Port Director: Simon Nader
Phone: 954-356-7790

Florida Border Patrol Sector Headquarters
Phone: 954-963-9805

Freeport Bahamas Sub-Office
P.O. Box F-2664 Freeport Grand Bahama, Bahamas
Officer in Charge: Robert Mainbourg

Jacksonville Sub-Office
4121 Southpoint Blvd. Jacksonville, FL 32216
Officer in Charge: David Angotti
Phone: 904-232-2164
Fax: 904-232-2388

Orlando Sub-Office
9403 Tradeport Dr. Orlando, FL 32827
8:OOA - 1:OOP (Mon - Fri)
Officer in Charge: Maris Stella Jarina
Phone: 407-855-1241
Fax: 407-855-1727

Tampa Sub-Office
5524 W. Cypress Tampa, FL 33607
8:OOA - 11:OOA (Mon - Fri)
Officer in Charge: James Minton
Phone: 813-637-3010
Fax: 8 I 3-288-1045

West Palm Beach Sub-Office
301 North Broadway, Ste. 142 Riviera Beach, FL 33404
7:OOA - 3:OOP (Mon - Fri)
Officer in Charge: Phyllis Ruggiero
Phone: 561-841-0498
Fax: 561-863-2941

Cleveland District Office
Anthony J. Celebreeze Federal Bldg. 1240 E. 9th Street, Rm. 1917
Cleveland, OH 44199
8:OOA - 4:OOP (Mon, Tue, Thur & Fri) (closed Wed)
District Director: Mark Hansen
Phone: 216-522-4766
Fax: 216-522-7039
E-mail: inquiry.cle@usdoj.gos

Cincinnati Sub-Office
J.W. Peck Federal Bldg. 550 Main St., Rm. 4001 Cincinnati, OH
45202
8:OOA - 4:OOP (Mon, Tue, Thur & Fri) (closed Wed)
Officer in Charge: Patrick Elersic
Phone: 513-684-2412

Columbus Sub-Office
50 W. Broad Street Leveque Tower Columbus, OH 43215
Officer in Charge: Phillip Rona
Phone: 614-469-2900

Buffalo District Office
130 Delaware Ave. Buffalo, NY 14202
8:OOA - 4:30P (Mon - Fri)
District Director: M. Frances Holmes
Phone: 716-849-6760
Fax: 716-55 I -3 I 31

Rochester Satellite Office
Federal Building 100 State Street, Room 418 Rochester, NY 14614
10:00A - 4:OOP (Tue) 8:OOA - 2:OOP (Wed)

Syracuse Satellite Office
412 South Warren Street Syracuse, NY 13202
9:OOA - 4:OOP (Wed) 9:OOA - 12:OOP (Thur)

Albany Sub-Office
1086 Troy-Schenecdady Rd. Latham, NY 12110
8:OOA - 3:30P (Mon - Fri)
Officer in Charge: Gary L. Hale
Phone: 518-220-2100
Fax: 518-220-2171

Boston District Office
John F. Kennedy Federal Bld. Government Ctr., Rm. 1700 Boston, MA
02203
8:OOA - 4:30P (Mon - Fri)
District Director: Steve Faquhat
Phone: 617-565-4214
Fax: 617-565-3097

Manchester Sub-Office
603 Canal Street Manchester, NH 03101
Officer in Charge: Mark Furtado
Phone: 603-625-5276

Providence Sub-Office
200 Dyer Street Providence, RI 02903
8:OOA - 3:30P (Mon - Fri) 8:OOA - 12:OOA (First Fri of every month)
Officer in Charge: Jeffrey Trecartin
Phone: 401-528-5528

Hartford Sub-Office
Ribicoff Federal Bldg. 450 Main Street, 4th Flr Hartford, CT
06103-3060
8:OOA - 3:OOP (Mon, Tues, Thur) 8:OOA - 12:OOP (Wed, Fri)
Officer in Charge: Gaty Cot
Phone: 860-240-3050
Fax: 860-240-3214

Baltimore District Office
Fallon Federal Bldg. 31 Hopkins Plaza Baltimore, MD 21201
8:OOA - 4:30P (Mon - Fri)
District Director: Louis Don Crocetti, Jr
Phone: 410-962-2010
Fax: 410-962-7555

Dover Field Office
1305 McD Drive Dover, DE 19901
8:OOA - 1:OOP (Mon - Fri)
Officer in Charge: William Horn
Phone: 302-730-9311
Fax: 302-730-9310

Atlanta District Office
77 Forsyth Street, SW, Rm. 1 Atlanta, GA 30303-0253
7:30A - 4:OOP (Mon - Fri)
Phone: 404-331-0253
Fax: 404-331-5387

Charleston Sub-Office
170 Meeting St., 5th Floor Charleston, SC 29401
8:OOA - 2:OOP (Mon - Fri)
Supervisory Immigration Inspector: Leonard Young
Phone: 843-727-4422

Greer Sub-Office
142D West Phillips Road Greer, SC 29650
8:30A - 3:OOP (Mon - Fri)
Phone: 864-801-0510

Charlotte Sub-Office
210 E. Woodlawn Rd. Bldg. 6, Ste. 138, (Woodlawn Green Office
Complex) Charlotte, NC 28217
7:30A - 2:OOP (Mon - Fri)
Officer in Charge: Richard Gottlieb
Phone: 704-672-6990
Fax: 704-672-6969

[needsolution]

Sample 1447(b) Petition from an Immigration attorney

This petition is available at the website of law offices of Thomas Esparza Jr. The website address is www.tomesparza.com The file is called Model Naturalization Delay Petition (word document), and it was added 12/15/2005. For those of you who are considering filing soon, you may want to take a look at his template. He also places large emphasis on the FOIA complaint of his client's immigration file from USCIS in 10 days as required by law. 8 C.F.R. § 103.10(c)(1).

[needsolution]

http://www.usdoj.gov/civil/oil/9news7.pdf

On page 15 and continued on 16, In Castracani v. Chertoff. This is a case of importance because the plaintiff's attorney emphasized the jurisdiction of the court, even after his client has been naturalized.

[Suzy977]

I want to do Pro Se, but need some samples and confidence to do it. Can you give me some samples?

Many thanks!

Check these out:

[zack01]

We are going to file a lawsuit, formally speaking it's my husband who will be a plantiff, but I am here to help him all the way. Today I called Federal district court, clerk's office, and asked to send me a Pro Se package. The clerk refered me to the web site with forms but to my suprise she did not know which forms I needed (she said civil cover form and also suggested General Discrimination Complaint form, which sounded weird to me, there is no Pro Se package Publicus wrote about in his posts on that site). I am confused. What does Pro Se package contain?

If you are in NJ district you can check this page out. Search for Pro Se in this page and you will find the link to Pro Se package in pdf format. You can save and print the Cover Sheet and Summons pages which are included in the package (it is in the FAQ page).

http://pacer.njd.uscourts.gov/

If you are not in NJ and looking for pro se package go to your state's district court website and search for Pro Se. You should be able to find it easily.

I do not know why clerk told you about General Discrimination Complaint form. I think s/he does not know about the details. In the cover sheet you will be asked about the nature of law suit. It is Other Statuary Actions (890). What you should do is to prepare a complaint letter. Each state has format you should follow. The pro se package has the format you should follow. In that letter there are certain sections that you should fill out with your own information. In NJ you are supposed to use plain English and explain your situation shortly and clearly. Basically you have Cover Sheet, Summons, Complaint Letter and associated Exhibits and filing fee which is 250 dollars right now. If you want you can also include introduction letter to the clerk such as this:

------------------------------------------------------------
Clerk of Court
United States District Court For the District of New Jersey
Martin Luther King Building & U.S. Courthouse
50 Walnut Street Rm 4015
Newark, NJ 07101


Re: "Your Last Name" vs. Gonzales, et al.


To Whom It May Concern:

Enclosed for filing in the above referenced matter please find the following:

1. Check in the amount of $250 to pay the filing fee;
2. Civil Cover Sheet;
3. Complaint for Hearing on Naturalization Application;
4. Summons in a Civil Case; and
5. Exhibits


Thank you. If you have questions regarding the filing, feel free to call me at "Your Number".

Sincerely,


"Your Name"
Plaintiff/Petitioner

Enclosures
--------------------------------------------------------------------
If you have time to hand this package to court by hand then you can ask the clerk any question you have in person so that you will not miss anything in your package. Even if you mail your package they should contact you if anything is missing as far as I know. They are supposed to be understanding to Pro Se applicants. Good Luck!

[RealSuperK]

REalSuperK,

1. When and which office did you send in your FOIPA request to?
2. Did they send you any kind of receipt or anything in writing showing that they received your FOIA request?


Also read the lawsuit I posted on this website a few posts earlier. It also has FOIPA complaint againt USCIS (for failing to respond to FOIPA) incorporated within the 1447b petition for naturalizaiton hearing.

1. Lee's Summit, Missouri.

http://uscis.gov/graphics/fieldoffic...is/aboutus.htm

"Freedom of Information Act (FOIA):
Please send your FOIA request (Form G-639) to:

National Records Center
FOIA/PA Unit
P.O. Box 648010
Lee’s Summit, MO 64064-8010"

2. Yes, I got a reciept... over a month ago (on Feb. 3rd). And I sent my request 2-3 weeks before that. So, it's been a couple of months and I still have no information from them. Why am I not surprised?

I added all my FOIPA dealings into my complaint. Plus mentioned all my attempts to get any information from them including my Infopass appointment a couple of months ago during which they showed me the actual date when they requested the background check - 3/15/05. That was the only useful thing about that Infopass appointment.

[bashar82]

This is the responce that I just received via E-mail. I sent USCIS a warning letter (Intend to sue) back on 2/25/06. good thing is that I already filed my 1447(b) after I heard about HR4437.

Dear Mr**
Please be advised that your February 25, 2006 letter to Dr. Emilio Gonzales
has
been forwarded by fax to this office. Your letter appears to be correct in every
respect. As you have already been advised by others within USCIS, the
mandatory
name check does still remain pending at the present time. USCIS is
therefore
unable to proceed with your application.

DHS/USCIS Legal Office
126 Northpoint, Room 2005
Houston, TX 77060

They always act tough at first. At first the Assistant US Attorney (AUSA) said that there was no way that they would expedite my namecheck. Then yesterday I received calls from both the DHS and USCIS legal offices. Today, I received a voicemail from the AUSA and he said that he was waiting for USCIS to send him the information he had requested and that he hoped that we might be able to resolve the issue.

[Amir/Houston]

How did you send that latter to the USCIS ? which office, district office or a new one?

Please, share some details

thanks

I sent them to CIS GC office and Houston District , here is the address: ( I found it on this thread, (Viva publicus!), Also I sent them a copy of my complain. Well, this should be a good experience that Just sue them . No warning ( Waste $10 On certified mail, Doesn't worth it, I could save it for the real deal )

DHS/ USCIS
Office of the Chief Counsel
20 Massachusetts Ave. N.W.
Suite 4025, Fourth Floor
Washington, D.C. 20529

-------------------
N-400 3/8/05
Interview 7/11/05
1447(b) 3/2/06
US Atorney served on 3/7/06 waiting for Washington DC Green Cards
Oath : No idea