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

More about my 485 case (approved in 4 weeks)

First, I would like to appologize that I failed to report my status here immediately after the approval. This is my bad -- I did not expect to get any response in a month, so I was actually on a planned trip and just got back :)

Some additional information:
(1) On 4/4/2006
Filed in Northern District of CA in San Jose by Pro Se. The Clerk give me a bouch of documents and said make copies and serve the Defendants with my complaint. I was assigned a judge on the spot (printed on so-called CMC sheet), and location/time in San Jose Court building.
I also receive the case number, the Summon, the Proof of Service sheet.
By the way, the clerk even typed my name wrong, and I found it after I got home. I did not bother to go back, so just corrected by hand and served all Defendents.
Find the address and info about the court:
http://www.cand.uscourts.gov/

(2) On 4/5/2006
US Atturney I served: Kevin Ryan in San Francisco address.
http://www.usdoj.gov/usao/offices/index.html#a

(3) A week later,
Filed proof of service in the Court. It's very simple and easy. Just fill in the sheet and I showed the Certified Mail Receipt. I did NOT have all the return receipt, as I know it will take forever to get anything back from Washington bastards. I mailed everything with Priority + Certified + Return Receipt, and
there is email service from USPS web page -- will email you the status of your mail. I printed all delivery confirmation emails sent from USPS.
The clerk was happy enough about the proof, she was busy at the moment and took all my doc, promised me to file them (and also corrent my name).

(4) Two days later, I received a mail from Court -- the confirmation (printed page) showing the dates I served all the defendents (the dates showed in email delivery confirmation from USPS). On this sheet, the 60-day deadline is also printed, started on those dates I provided.

(5) I mailed the "proof" of "proof of service" -- the sheet clerk gave me with all the serve dates and deadline daets -- to US Attorney in SF, Kevin Ryan again.

(6) 4 weeks later, I was thinking about to contact Attorney office about my case.....

(7) then on 5/2/2006, a secretary in Attorney office (SF) called me..... it's all done! She asked me if I know how to dismiss, I said I don't know. She then faxed me the template to dismiss, and agreed to let me dismiss after I received formal letter from CIS.

(8) I called two local lawyers before I filed as Pro Se. One has no exprience on this, but explained me a little what he will do. Another experienced one offered $3800 to file my case. Based on both conversations, I figured out it's really simple job, and probably I can do better than those greedy lawyers.
And it's true, I don't think the lawyers can get my case done in less than 4 weeks!

Again, it's the courage and knowledge from this board make this happen. I don't know how much I gonna suffer without this lawsuit.

Publicus, you are a great man. You may not be the first man to sue CIS, but you are the first one who share your knowlodge among all of us. You may not realize that how many people get their case done by following your steps, and how much our lives changed after that. May God bless you to have a wonderful life -- because you've already made many miracles in others' lives.

Also to many others one this board who answerd questions, all these information are priceless! I did not ask any questions here for my lawsuit, because everything I need is already there -- contributed by all of you!
I could not name everyone here, but I believe I will certainly remeber this place all the time.

Tips for the new comers.
1. Don't be scared about the lengthy contents, sit down and make up you mind to read. Print it out and have a cup a coffee -- it's a lot fun to read than calling to CIS! It only takes you one or two days.

2. Don't post your questions immediately, most of the answers are already there. Make some notes while you read, and ask the question precisely so you can get an straight answer. For me, everything here is more than enough.

3. If you are with Ninth Circuit Court, especially in CA, I strongly encourage you to do it. It's the most liberal court. Compared to other courts, its decision is mostly overruled by US Supreme Court, as 9th Court is considered to have most liberal jurisdiction. (I got this from a PBS program related to the Ninth Circuit Court). I guess part of the reason my case got approved so fast is because the Attorney pushed CIS hard, which could be reason that they feel Ninth District Court is hard to deal with :).
So please take your advantage if you are coverd by 9th Court!

Good luck to you all!

zoromark

----------------------------------------
Filed I-485: 10/2003
Fingerprint: 3/2005
Filed lawsuit 4/4/2006, in Northern CA District Court, San Jose
Approved : 5/2/2006,
Green Card mailed on : 5/4/2006
Case dismissed: 5/11/2006.
 
syt said:
Eastbayer,

I am going to file in Oakland too. Did you send petition and summon to District Attorney by certified/registered mail or submit in person? Did you call AUSA to inquire the status of your petition already?

Thanks,
syt
Click to expand...

Hi,
I filed mine in San Jose, certified mailed to Attorney Kevin Ryan in SF, that's all.
I did not call for any inquiries -- cause it's done too fast.

Good luck to your case, just do it :)
 
I got confused from buggin's posting. She filed the WOM and then mailed to all defendent. I understand we need wait for the summon from Judge before mailing to defendants, am I right? I filed my WOM on My 17(clerk stamped) but the Judge has not dealt my case yet. So should I mail to defendants now or need wait to Jugde's summon?

Thank you very much for help me out!
 
Publicus said:
Call them a month to two weeks before the end of the deadline when they have to file their answer. Introduce yourself and listen. The US atty will start talking like a radio. They usually do, mostly to get you to accept an extension and make you feel like they are working on the case. Then call a week before the deadline, and if they ask for an extension, ask them why they need it, and that it is difficult for you and very stressful, but agree as long as you feel they are making a bona fide effort to resolve the case. Remember, if they ask the court for an extension, they will get it.
So if they received the summons on 5/23, call them on or around 7/1.

BTW, how come you paid no court fees? It's weird.
Click to expand...

Hello Publicus, RalSuperk, and everyone,

Thank you for taken the time and answering me. I am planning to call the U.S Attorney on June 15th of this month, I won’t give them time to waist. :)

About the court fee, I did ask the clerk about 1447b and if there is a fee, she said NO FEE, it’s included with application fee you pay when you file for citizenship, so I had to take my money order back, what would you like me to do, fight with her to take my money? :p
 
Last edited by a moderator:
Answers to Syt's questions

syt said:
Buggin and others,

Question for you. How do you know the address of local US Attorney?

The U.S. Attorney for the Northern District of CA is located in the same building (10th floor) with the District Court's Clerk's Office (16th floor); at least in San Francisco. Here is a URL for the U.S. Attorney's Office web site:
http://www.usdoj.gov/usao/can/

When your husband served a copy of your petition and summon to local US Attorney in person, did he get the proof of service from local US Attorney Office?

When you file your petition (I gave the clerk 10 copies of the petition), you give the clerk a filled out summons (you can download it from the court's web site - Civil Summons form). The back of the summons form has "Proof of service." The clerk will stamp all the copies of the petition and take one copy for the court and one for the judge. She/he will also stamp the summons and give it back to you.
I made a copy of the summons as soon as I filed my petition. My husband filled out the back side of the summons (his name, address, etc.). Then we went to the US Attorney's office on the 10'th floor and gave them the summons, a copy of the complaint, copies of other papers that the clerk gave me. The clerk at the US Attorney's office checked all the papers and took them. She didn't sign or stamp anything.

And, do we need to file the proof of servicing local US Attorney?

Yes, we do. You have to file the proof of service with the court. I just made another copy of the summons with the back side filled out by my husband, as my server. Now, I need to mail it to the Oakland court. I might wait until I have a proof of service for all the defendants. Then I will put everything together and mail to the court. Notice that when you file proof of service, you need to give the court the original summons.

One more question, for the local rule of northern California, how do we file proof of servicing defendants?

I sent all the papers to each defendant today via certified mail. I'll be checking on the USPS web site, and as soon as the packages are delivered, I will print the confirmation out and attach to the original summons. I will also have to fill out a form "Proof of Service" or "Certificate of Service" stating my name, the manner of service (certified mail), etc. I will mail all this paperwork to the Oakland court.

Is there a form like cover sheet?

You will find this form on the back of the Summons form.

Thanks a lot for your help.

syt
Click to expand...

Syt,
I hope my answers help. Let me know if there is anything else I can clarify.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
1447(b) Filing Fee

Mr LA said:
About the court fee, I did ask the clerk about 1447b and if there is a fee, she said NO FEE, it’s included with application fee you pay when you file for citizenship, so I had to take my money order back, what would you like me to do, fight with her to take my money? :p
Click to expand...

Mr LA,

I think the LA court is the only court that doesn't make people pay for 1447(b) petition.
I asked my court clerk (San Francisco), and she had no clue and made me pay $350.
Oh well....
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Serving on defendants

fightback said:
I got confused from buggin's posting. She filed the WOM and then mailed to all defendent. I understand we need wait for the summon from Judge before mailing to defendants, am I right? I filed my WOM on My 17(clerk stamped) but the Judge has not dealt my case yet. So should I mail to defendants now or need wait to Jugde's summon?

Thank you very much for help me out!
Click to expand...
Fightback,

One of the reasons I went to the court and filed my 1447(b) petition in person was that I didn't want to wait a few days for the summons.

When you file in person, you can bring the summons, all filled out, with you and give it to the clerk. The clerk will stamp it and give it back to you right there. As soon as you have your petition and summons stamped, you can serve them on your defendants.

Now, when you file by mail, then yes, you do need to wait for the summons to get back to you before you can serve on the defendants. This does take a couple of days becuase they mail it to you. This is assuming you provided them with the self-addressed envelope with sufficient postage. Note: you cannot serve your petition on the defendants without the summons.

I hope I answered your question. Let me know if you need further clarification.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Answers for syt

syt said:
Eastbayer,

I am going to file in Oakland too. Did you send petition and summon to District Attorney by certified/registered mail or submit in person? Did you call AUSA to inquire the status of your petition already?

Thanks,
syt
Click to expand...

I mailed them to the District Attorney (It arrived the next day and I received the return receipt the third day). I figured out it is cheaper than driving to the city myself.

I talked to the paralegal who is in charge of my case last week. She said there was no good news for me yet. Most of the people who've got their cases resolved filed in early April. So I would like to wait another two weeks or so. I was told there are many cases filed lately :rolleyes: I will update my statues as soon as I can, so that tough guys/girls like Balto won't complain again :) .
 
h1234567 said:
I'm planning to file WOM for I-485 pending on namecheck - the court is about 60 miles away. Is it worthwhile to go there physically and file in court, or filing by mail is good enough? It seems majority of cases are filed by physically going there.

You can file it by mail, this is perfectly fine. The only downside is that it will take a couple of days to get there and then it will take a couple of days for the papers to get back to you. If you are not in a hurry, you can file by mail.

On the pro se package, there is a line like "I request the Court's assistance in serving process on the defendant(s)." Does this mean the court and send the summons to defandants, and I don't have to send out myself? Is it OK to just leave the serving to the court?

I hate to disappoint you, but the court will never do your job for you.... The only time a person could request the court to help with serving papers on defendants is in the "forma pauperis" case. Forma pauperis means that the plaintiff can't afford to pay the court fees (filing fee); of course the plaintiff needs to prove it to the court. As I understand, the courts are very strict on waiving the filing fees; you really need to be poor. If the court approves your Application to Proceed In Forma Pauperis, the court will forward the summonses to the US Marshal to serve on defendants.
Click to expand...
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Emailed the US Attorney's office

Mr LA said:
I am planning to call the U.S Attorney on June 15th of this month, I won’t give them time to waist. :)
Click to expand...

Hey Everyone,
Today i returned the summons receipts to the court, i also called the US attorney's office, But nobdy picked up. not even an answering machine :eek:
So on the web i found an email of the Public Affairs Officer, i sent an email and got an answer back about 20 minutes later. It looks like nobody took a look at it yet and it's been about 10 days (i thought they get right on it) :cool: . I am keeping the pressure. anyways here's her reply
Mr. XXXXX, the case just arrived and has not yet been assigned. The head of the civil division will let me know when it has been assigned and I can then forward your email to that attorney. Our main phone number is 206-553-7970. It is usually answered quite promptly. Perhaps there was a heavy volume of calls.
Thank you for your inquiry.
Emily Langlie
Public Affairs Officer
United States Attorney's Office
 
Question for buggin

buggin said:
Syt,
I hope my answers help. Let me know if there is anything else I can clarify.
------------------------
Click to expand...

Hi buggin,

You said the original summon has to be used when filing the "proof of service". Where did you get this information, local rules or the Clerk? I used a copy of the summon instead. I was given two stamped summons at the Clerk's office (Oakland, CA) and was told to make as many copies I needed to serve the defendants. I am keep one original and sent US Att. the other. The rest I sent them copies of everything.

I just called the assistant of the judge assigned to my case. She said she filed everything she received, without telling me anything specifically (ig if the documents I sent are OK/complete). I read somebody above mentioned sending US Att. a letter from the Clerk's office about receiving the "Proof of Service" by the court. This assistant did say she will NOT send me anything like that. I guess one has to go to PACER to find out. I don't recall anything about a ORIGINAL SUMMON has to be used when reading Local Rules.
 
to zoromark

zoromark said:
Hi,
I filed mine in San Jose, certified mailed to Attorney Kevin Ryan in SF, that's all.
I did not call for any inquiries -- cause it's done too fast.

Good luck to your case, just do it :)
Click to expand...

Hi my I-485 is with the california service center and I live in the bay area.How do I find out which court I need to file my case with??.Does it fall under the ninth circuit court??

Thanks
 
RealSuperK said:
Good luck and keep us posted!

K
Click to expand...
Thank you, RealSuperK...
Or shall I say "спасибо"?....
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
You file where You live.

hadenuf said:
Hi my I-485 is with the california service center and I live in the bay area.How do I find out which court I need to file my case with??.Does it fall under the ninth circuit court??

Thanks
Click to expand...
You should file where you live regardless of where the US agency is.
 
hadenuf said:
Hi my I-485 is with the california service center and I live in the bay area.How do I find out which court I need to file my case with??.Does it fall under the ninth circuit court??

Thanks
Click to expand...
hadenuf,

You should not go to the ninth circuit court, because it is an appellate court.
The court you should file with is a District Court, most likely Northern District of CA. It depends on what county you live in. Check this web site for the San Francisco District Court:
http://www.cand.uscourts.gov/
What county do you live in? I can help you to figure out what court to file with if I knew your county.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
buggin said:
hadenuf,

You should not go to the ninth circuit court, because it is an appellate court.
The court you should file with is a District Court, most likely Northern District of CA. It depends on what county you live in. Check this web site for the San Francisco District Court:
http://www.cand.uscourts.gov/
What county do you live in? I can help you to figure out what court to file with if I knew your county.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
Click to expand...


Hi,

My county is san mateo. Thanks for all your help guys.This forum is amazing.
 
Eastbayer said:
Hi buggin,

You said the original summon has to be used when filing the "proof of service". Where did you get this information, local rules or the Clerk? I used a copy of the summon instead. I was given two stamped summons at the Clerk's office (Oakland, CA) and was told to make as many copies I needed to serve the defendants. I am keep one original and sent US Att. the other. The rest I sent them copies of everything.

The court clerk told me that I need to file the original summons back with the court. Defendants and the U.S. Attorney can be served with copies of the summons. As far as I know, you file originals with the court. Though I think it is not a huge problem if you filed a copy of the summons with the proof of service. Just to have peace of mind, you can check with you court clerk.

I just called the assistant of the judge assigned to my case. She said she filed everything she received, without telling me anything specifically (ig if the documents I sent are OK/complete). I read somebody above mentioned sending US Att. a letter from the Clerk's office about receiving the "Proof of Service" by the court. This assistant did say she will NOT send me anything like that. I guess one has to go to PACER to find out. I don't recall anything about a ORIGINAL SUMMON has to be used when reading Local Rules.

As far as I know, court clerks have no duty to notify you when they receive papers, unless it is something that they must do. I guess you can always call the court clerk and ask if your file has this and that document. I am planning on sending all the future paperwork to court via certified mail. This way at least I can track the delivery and will know if something gets delivered or lost somewhere.
Also, I am not sure you need to notify the US Attorney that you filed proof of service with the court. It doesn't really do anything for them. The 60-day clock starts ticking from the day the US Attorney is served. The court, on the other hand, needs to know that all the defendants have been properly served.
Click to expand...
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
hadenuf said:
Hi,

My county is san mateo. Thanks for all your help guys.This forum is amazing.
Click to expand...
Hadenuf,

Here is a section from the local court rules (Northern District of CA):

"(d) San Francisco and Oakland . Except as provided in Civil L.R. 3-2(c), all civil actions which arise in the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo or Sonoma shall be assigned to the San Francisco Division or the Oakland Division."

This means you have a choice whether to file in Oakland or SF. I filed in SF but my case was assigned to a judge in Oakland.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Buggin, Eastbayer, Mr LA, and Zoromark,

Thanks a lot for your reply. I just download "Civil Cover Sheet - JS 44" and "Civil Summons - AO 440". Are these forms correct for Northern California District? I saw some one mention "Civil Cover Sheet" here for other District Court. Do we need to hand in "Civil Cover Sheet" for northern California?

So, at the day filing 1447(b), I need to bring 10 copies of petitions (prepare in MS Word by myself), Civil Summons (fill by myself in advance, one for each defendants and DA, so 6 copies), and one (only one) Civil Cover Sheet (fill by myself in advance for District Court).

Is this correct?

Regards,
syt
 
syt said:
Buggin, Eastbayer, Mr LA, and Zoromark,

Thanks a lot for your reply. I just download "Civil Cover Sheet - JS 44" and "Civil Summons - AO 440". Are these forms correct for Northern California District?

I just checked on the San Francisco court's web site and, yes, you do have the correct forms.

I saw some one mention "Civil Cover Sheet" here for other District Court. Do we need to hand in "Civil Cover Sheet" for northern California?

Yes, you do need only one Civil Cover Sheet. This is for the court clerk to file your petition. You do not need to send it to anybody else.

So, at the day filing 1447(b), I need to bring 10 copies of petitions (prepare in MS Word by myself),

You really do not need 10 copies of the petition. All the Northern District Court requires is one original, one copy for the judge (write on it "CHAMBERS"), one copy for a magistrate judge (in case your case will get assigned to a magistrate judge), and one copy for you to keep. When you get your copy with the stamp, case number, and judges initials, you can make copies of it to send to the defendants. I prepared 10 copies (for all the defendants and the US Attorney as well), because I was going to serve them right away.

Civil Summons (fill by myself in advance, one for each defendants and DA, so 6 copies),

If you are going to file in San Francisco, fill out only one summons. In the window where you have to write the name and the address of the defendant, write "See above-mentioned defendants." Then type up in Word the names of all the defendants and the US Attorney with their addresses, print it out, and attach to the summons. Give these two sheets of paper to the court clerk when you will file your petition.

and one (only one) Civil Cover Sheet (fill by myself in advance for District Court).

Yes, only one. Well, make a copy to keep for yourself before you give it to the court clerk.

Is this correct?

Regards,
syt
Click to expand...
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
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