“Writ of Mandamus” !!! Suing USCIS Successfully..........

[Lazerthegreat]

My online status this morning (06-20-2006) is as follows:

Current Status:
"On June 19, 2006, a welcome notice was mailed for this case. If 30
days have passed and you have not received this notice. Please call the
National Customer Service Center at (800) 375-5283 during business
hours."

-------------------------------------------------------------------------

But this did not come easy for me.

On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General


Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: “Yes I do”

Today on June 20, 2006, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

I am going to mention the process of suing USCIS in detail below. Follow the process and speak up for yourself.

My special thanks:

--- To “thankful” who helped me in this case and gave a very useful overview on my lawsuit.
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

Thank you guys! And let me know if anybody has any questions: I Will let you all know when I receive the Green Card

God Bless!!

[Lazerthegreat]

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.
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.
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully they will take action on your case and most desirably approve it.

When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. Make sure you use your district court's cover sheet. You may download it online.

While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID.

[wantmygcnow]

Awesome!!! Congrats! Just keep the lawsuit in handy because in 3 years and 9 months, you will be filing another one to get your USC...HOpe not!!

[taurusborn]

Congrats on taking on the governement.

[John Smith 1]

congratulation,

now , your life has just began, enjoy it,
go for vacation , put the past behind you


ND: FEB 2001
FP : MAY 2004
BIO : AUG 2 2005
APPROVAL : AUG 15 2005
ELIGIBLE FOR CITIZENSHIP : MAY 17 2009

[Aniket19]

Congrats.

[windywd]

My online status this morning (06-20-2006) is as follows:

Current Status:
"On June 19, 2006, a welcome notice was mailed for this case. If 30
days have passed and you have not received this notice. Please call the
National Customer Service Center at (800) 375-5283 during business
hours."

-------------------------------------------------------------------------

But this did not come easy for me.

On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General


Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: “Yes I do”

Today on June 20, 2006, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

I am going to mention the process of suing USCIS in detail below. Follow the process and speak up for yourself.

My special thanks:

--- To “thankful” who helped me in this case and gave a very useful overview on my lawsuit.
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

Thank you guys! And let me know if anybody has any questions: I Will let you all know when I receive the Green Card

God Bless!!

Lazer,

Well done. It has 100% success rate as I counted 12 cases I know the plantiff personally.

[windywd]

Awesome!!! Congrats! Just keep the lawsuit in handy because in 3 years and 9 months, you will be filing another one to get your USC...HOpe not!!

Honestly, I think you may be right.

[thankful]

I am elated to learn of this development. It was my pleasure helping you draft the Complaint.

My online status this morning (06-20-2006) is as follows:

Current Status:
"On June 19, 2006, a welcome notice was mailed for this case. If 30
days have passed and you have not received this notice. Please call the
National Customer Service Center at (800) 375-5283 during business
hours."

-------------------------------------------------------------------------

But this did not come easy for me.

On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General


Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: “Yes I do”

Today on June 20, 2006, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

I am going to mention the process of suing USCIS in detail below. Follow the process and speak up for yourself.

My special thanks:

--- To “thankful” who helped me in this case and gave a very useful overview on my lawsuit.
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

Thank you guys! And let me know if anybody has any questions: I Will let you all know when I receive the Green Card

God Bless!!

[asylee01]

congratulations

[Punjabi_Munda]

Way to go Lazer, it was about time those bastards moved from their lazy asses. Corgratz on your well deserved approval. Where is the party?
"Ghee agar seedhi unglion se na niklay to unhein zara marorna hi parta hai"
For those who don't understand this languuage, it means that if you can't get what you deserve, you have to improvise a little.

Good luck to atique now....

[Morning]

Lazerthegreat
You made my day! That's absolutely awesome! I commend your courage. My most sincere congratulations to you! I plan to follow your steps and file my own writ of mandumus in August if nothing happens until then. Your victory gives me hope. I will accomplish that, too.

[GrassRoot]

Warmest congratulations ! You well deserve it !

[guacho]

congratulations...this must be a very good feeling for your after this fight...it really sucks how some people go through so many problems to get this green card, take a look at my timeline, we got the welcome letter at the same time and you applied FIVE years before me...but anyway..congrats..

Guacho

[Paramvir1]

am really happy for you friend..
keep it up..

[douls]

My online status this morning (06-20-2006) is as follows:

Current Status:
"On June 19, 2006, a welcome notice was mailed for this case. If 30
days have passed and you have not received this notice. Please call the
National Customer Service Center at (800) 375-5283 during business
hours."

-------------------------------------------------------------------------

But this did not come easy for me.

On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General


Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: “Yes I do”

Today on June 20, 2006, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

I am going to mention the process of suing USCIS in detail below. Follow the process and speak up for yourself.

My special thanks:

--- To “thankful” who helped me in this case and gave a very useful overview on my lawsuit.
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

Thank you guys! And let me know if anybody has any questions: I Will let you all know when I receive the Green Card

God Bless!!

Congratulations Lazerthegreat.

You deserve It , your Patience had been paid off.

Good luck to others.

[annaraka]

lazer,
congrats dude.... finally.....
i was wondering what happened to you.
of course i knew thankful had his fingers in this.
good job.

[Lazerthegreat]

Thank you all for all your support and wishes. This has been a really great place for me. I have become a enormously anxious to receive the actual card now...

any thoughts whats the gap between sending a welcome notice and finally mailing the plastic GC?

[Noman74]

Yeeeehaaaa. There you go my friend. I was wondering where have you disappeared. I didn't know you were preparing yourself to take on the big guns!!!. Good job brother. I am happy for you. This case should have been approved long time ago had their lazy asses moved according to the schedule. But this is a good news and I am glad things have worked out for you. Just give another week or so and your plastic will be in your mailbox. Sleep with it for few weeks like i did hehe and then it will be sitting with rest of your documents and you will never look at it again until the day you travel Thanks for sharing the information with rest of the group. You have been a very valuable asset to this board indeed. Keep in touch. AH

[Al_aos]

Congrats Lazer.
Atleast now I know a few have the balls to take on the Mighty Govt ( good for nothing) agencies.
And I sincerely hope you dont have to file another one for your citizenship.
One stressful period is enough.I think you have already suffered from
"Stress de Uscis" and it should happen only Once in your lifetime .......much like the chicken PO

[wantmygcnow]

Thank you all for all your support and wishes. This has been a really great place for me. I have become a enormously anxious to receive the actual card now...

any thoughts whats the gap between sending a welcome notice and finally mailing the plastic GC?

I got gc before welcome notice...Its usually 3 weeks.

[Mentos]

Great Job and Congrats Lazer.
We are happy for you they way you got your Welcome notice and GC thats something brother. You will see GC anyday in Mail Box.
Good luck to everyone.

[val2000]

Congratulations Lazer once again.
I have to humble about this forum. I have been able to learn a very much the inmgration process and that I am not alone in this journey. Every experience posted have enriched me. Lazer, your victory showed me that once you are 'in the system' your fate depends on you, not in others people hands as it was when everyone applied for the asylum. For some time I was trying to find the reason I was being 'addicted' to reading this forum everyday, like a daily soup opera, now it is clear for me: I am learning and discovering how this system works.
Congratulation

ND 03/06
Bio3 05/06

[wantmygcnow]

Congrats laszer,
But according to your ND date your case should have been adjusted long time ago, and what that lawsuit did is just attracted attention to your case which simply was lost somewhere in the pile of applications. If so, was there a REAL NEED for a lawsuit when instead you could just called directly to Service Center, getting through "customer service rep" to actual IO....Just a thought...

If you ever get stuck with the dumbass customer service rep, god help you. I know Lazer tried his best to get it done simply but couldn't...

It doesn't matter if your ND date is 2000 or 1995, if IO doesn't feel like adjusting it, he won't. He has no one to answer to..a lawsuit makes him answer to somoene.

[Lazerthegreat]

Yeeeehaaaa. There you go my friend. I was wondering where have you disappeared. I didn't know you were preparing yourself to take on the big guns!!!. Good job brother. I am happy for you. This case should have been approved long time ago had their lazy asses moved according to the schedule. But this is a good news and I am glad things have worked out for you. Just give another week or so and your plastic will be in your mailbox. Sleep with it for few weeks like i did hehe and then it will be sitting with rest of your documents and you will never look at it again until the day you travel Thanks for sharing the information with rest of the group. You have been a very valuable asset to this board indeed. Keep in touch. AH

Thanks brother! Yes I think I would be sleeping with my GC for atleast few days or so. This would definitely make my wife jealous....
thanks for kind remarks!

[Lazerthegreat]

I got gc before welcome notice...Its usually 3 weeks.

well I sure wish I receive my GC before welcome notice. I care more about GC than notice. But you went after your notice even after receiving your GC, if I remember correctly... right...

[Lazerthegreat]

Way to go Lazer, it was about time those bastards moved from their lazy asses. Corgratz on your well deserved approval. Where is the party?
"Ghee agar seedhi unglion se na niklay to unhein zara marorna hi parta hai"
For those who don't understand this languuage, it means that if you can't get what you deserve, you have to improvise a little.

Good luck to atique now....

well said brother. Thats exactly what I did. And believe me, feeling is great...

[wantmygcnow]

well I sure wish I receive my GC before welcome notice. I care more about GC than notice. But you went after your notice even after receiving your GC, if I remember correctly... right...

Hey the main point is the clock is ticking now...Every day you wake up now, you are closer to getting rid of the nightmare of being an asylee.

[Lazerthegreat]

Hey the main point is the clock is ticking now...Every day you wake up now, you are closer to getting rid of the nightmare of being an asylee.

hey hold it! I thought I am already out of that nightmare... GC is merely a documentary proof of your permanent residence. I became permanent resident on June 19, 2006....

[Punjabi_Munda]

You are absolutely right Lazer and now with every ticking second you are getting closer to following your dream of becoming a proud USC.