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

[SergeyR]

Yes, I'm waiting till 120 days to.

But it's really stupid situation. I mean waiting 120 days that's too long. And it shows how slow they are. Look, Comcast will send you a bill without any delays. You will receive your credit card statement without any delays. They won't give you 120 days to pay off the amount you owe to a bank. You can't come to your project manager and tell him "Listen I need 120 more days to finish this task". But those guys take 120 days. That's just a waste of time.

By the way I see that on cover sheet there is only a small space to enter all defendants. And on the complaint paper there are only 4 sections where you have to enter info about 4 defendants. I wonder how ppl include many defendants?

 

[jino raj xavier]

Hi Sergery

when did you file n400 and when was your interview?

 

[SergeyR]

My interview was on August 24th 2015. So next week it will be 3 months of waiting.

And if I don't receive any reply from USCIS by December 25 (Christmas time! ) I will have one option - request for a hearing. I just don't want to wait indefinitely.

 

[nickoxx]

I have found the website of US district court - Delaware district: http://www.ded.uscourts.gov/

I called them and they told me to download 2 forms:

1) JS 44 Civil Cover Sheet

http://www.ded.uscourts.gov/sites/default/files/forms/JS_044 Civil Cover Sheet.pdf

2) Pro Se Del General Complaint

http://www.ded.uscourts.gov/sites/default/files/forms/Pro Se Del General Complaint.Nov_.2014.pdf

Also they told me that I'll have to fill out that forms and either mail it to them with a check or just come in person and file it in the court. They charge $400 for opening a new case. It's a one time fee.

They told me after I receive a letter (summons?) from them I'll have to send it to all defendants and wait. They (district court) will notify me about any updates.

Now I need to find out how to fill out that forms.

I was told at Chicago's District Court that I gotta have 2 copies of the summons ready on/after filing a complaint. So clerk stamps one set and this set gets mailed to each defendant. The other set needs to go to the judge. But what I'm not getting, why can't I leave the second set at the time of submission? Unless, it should be mailed directly to the assigned judge or what? But since they gonna assign judge right away, why can't they pass this paper work as well? It just sounds too much red tape to me.

Also, you will probably need an appearance form (may be the rules/forms for the District Courts varies).

 

[nickoxx]

Yes, I'm waiting till 120 days to.

But it's really stupid situation. I mean waiting 120 days that's too long. And it shows how slow they are. Look, Comcast will send you a bill without any delays. You will receive your credit card statement without any delays. They won't give you 120 days to pay off the amount you owe to a bank. You can't come to your project manager and tell him "Listen I need 120 more days to finish this task". But those guys take 120 days. That's just a waste of time.

By the way I see that on cover sheet there is only a small space to enter all defendants. And on the complaint paper there are only 4 sections where you have to enter info about 4 defendants. I wonder how ppl include many defendants?

You can list 1st defendant - Attorney General + 1 more . 3rd line - Et Al.
In my case I have fillable .pdf, which adjusts the font's size as you enter defendants.
I've played with that and will just leave 2 defendants +Et Al (Latin "others"). It's still readable, otherwise it would be too small.

By the way, we were supposed to drop the paperwork on Monday, but got quarrel over nothing and didn't go.
I hope to go next week either Tuesday-Wednesday. Now I'll have to reprint 8x2 summons +cover sheet+appearance form+last page of complaint (all the docs with the new date).
My wife (plaintiff) is still waiting for the miracle from the USCIS, so sometimes it's hard to deal with that.

 

[SergeyR]

I was told at Chicago's District Court that I gotta have 2 copies of the summons ready on/after filing a complaint. So clerk stamps one set and this set gets mailed to each defendant. The other set needs to go to the judge. But what I'm not getting, why can't I leave the second set at the time of submission? Unless, it should be mailed directly to the assigned judge or what? But since they gonna assign judge right away, why can't they pass this paper work as well? It just sounds too much red tape to me.

Also, you will probably need an appearance form (may be the rules/forms for the District Courts varies).

I will pass by that court and will try to get as much info as I can.

By the way sorry for stupid question, but what document is called a "summon"? I downloaded only 2 documents - cover sheet and general complaint.

 

[SergeyR]

You can list 1st defendant - Attorney General + 1 more . 3rd line - Et Al.
In my case I have fillable .pdf, which adjusts the font's size as you enter defendants.
I've played with that and will just leave 2 defendants +Et Al (Latin "others"). It's still readable, otherwise it would be too small.

By the way, we were supposed to drop the paperwork on Monday, but got quarrel over nothing and didn't go.
I hope to go next week either Tuesday-Wednesday. Now I'll have to reprint 8x2 summons +cover sheet+appearance form+last page of complaint (all the docs with the new date).
My wife (plaintiff) is still waiting for the miracle from the USCIS, so sometimes it's hard to deal with that.

I have fillable pdf too. I already checked - that cover sheet doesn't allow to have more than 3 lines. I wonder how they will know who are other defendants if I simply put "Et Al" (others) on the third line?
What does it mean "8x2 summons" and "appearance form"? As I mentioned above I was able to get only 2 documents: 1) cover sheet and 2) general complaint form.

And don't wait too long man! USCIS won't move your case if you will postpone filing. Turn on "Rocky" (movie) main theme in your iPod and do it!

 

[nickoxx]

I will pass by that court and will try to get as much info as I can.

By the way sorry for stupid question, but what document is called a "summon"? I downloaded only 2 documents - cover sheet and general complaint.

Summon is the paper (notification) you're sending to each defendant(s) to appear in court for hearing. It notifies the defendant about lawsuit filed against him/her.

 

[nickoxx]

I have fillable pdf too. I already checked - that cover sheet doesn't allow to have more than 3 lines. I wonder how they will know who are other defendants if I simply put "Et Al" (others) on the third line?
What does it mean "8x2 summons" and "appearance form"? As I mentioned above I was able to get only 2 documents: 1) cover sheet and 2) general complaint form.

And don't wait too long man! USCIS won't move your case if you will postpone filing. Turn on "Rocky" (movie) main theme in your iPod and do it!

I have 8 defendants multiplied by 2 copies for each defendant.
Appearance form (here, in Chicago) is the form for Pro Se filing (no attorney). Look below (ProSe_appearence_fillable.pdf).
And this is the whole docs I have to submit (if applies) for my wife's case (Civil Case Summary Table.pdf).

Go on your district court's website and see what you can squeeze out of it.

 

[SergeyR]

Summon is the paper (notification) you're sending to each defendant(s) to appear in court for hearing. It notifies the defendant about lawsuit filed against him/her.

Did you get that (Summon) paper from your court? I mean a template or a real paper signed by your court.

 

[nickoxx]

Did you get that (Summon) paper from your court? I mean a template or a real paper signed by your court.

Yeap (below)

 

[SergeyR]

Yeap (below)

Thank you.

Also here is this form on US Courts website: http://www.uscourts.gov/forms/notice-lawsuit-summons-subpoena/summons-civil-action

It's called "AO 440 Summons in a Civil Action".

 

[SergeyR]

I have 8 defendants multiplied by 2 copies for each defendant.

Please could you explain the sequence again? I feel a bit confused. So far I thought that first thing I will have to complete 2 documents (one copy of each one) - JS 44 (cover sheet) and general complaint then bring that documents to my district court with a payment (i.e. check) and just file it. Then wait until they (court) send me Summons. Then I will have to send Summons to all defendants. So far I have 3 documents: cover sheet, general complaint and Summons (which I have to receive from my district court).

....

I read again that document that you attached above - Civil Case Summary table.

Ok, now I see that you have to fill out form Appearance Form for Pro Se Litigants, but it's still not clear, because in that document Civil Case Summary table I don't see any info that you have to send that Appearance form to all defendants. It just says that it should be filled out. I thought that you file it with a court, but don't send it to all defendants.

Next thing. I guess that In Forma Pauperis Application and Motion for Attorney Representation doesn't concern your case since you (I assume) will pay to your court and you don't need an attorney, right? Same thing with me here. I was told that if you don't have money to pay you may file a form, but you have to prove a certain amount of income. So I guess it's better to pay them in order to avoid any possible delays.

Next thing. I also guess that form USM-285 doesn't concert us, right? Our case will be served by a judge, not by a US Marshal, thus there is no need in that form.

Next thing is Summons. I see that "If you are suing the federal government or federal agency, you need to provide three extra copies". Maybe I'm wrong, but I think that suing USCIS is like suing a government, right? So maybe you have to send more than just 8 copies?

Sorry I got sooo many questions...

Another one - please tell me why you have 9 defendants? Is it just your case or is it normal to have same exact defendants when you need to request a hearing when you don't get a reply from USCIS within 120 days? And by the way where can I get more info about whom should I use as defendants in my case? There should be some guidelines...

Before I forgot - did you use any useful complaint as an example?

And my last question for now. I think I still don't clearly understand how to put all that 9 (or about) defendants on my cover sheet and on complaint form. On the cover sheet I have 3 lines. No continuation pages. So how will court will know which defendants I have? And in the general complaint form I have only 4 sections for 4 different defendants. Again, if I need to have more than 4 what should I do?

Thank you for reply!

 

[nickoxx]

Please could you explain the sequence again? I feel a bit confused. So far I thought that first thing I will have to complete 2 documents (one copy of each one) - JS 44 (cover sheet) and general complaint then bring that documents to my district court with a payment (i.e. check) and just file it. Then wait until they (court) send me Summons. Then I will have to send Summons to all defendants. So far I have 3 documents: cover sheet, general complaint and Summons (which I have to receive from my district court).

Submit complaint+cover sheet+appearance form for yourself+bring ready summons (what I was told). Clerk will do the rest.

On pages 1-5 of this forum there's a sequence of the steps in this lawsuit, I can't recall right now what are they. I'm attaching my own .doc file (just a messy draft, but it lists the steps from what I gained fo the first couple of pages on this forum).

I think, after you receive the Green USPS receipt from Attorney General, one has to mail it (or copy) to the court and send a copy to the local US Attorney's office.
From what I read on this forum, the only actual person from the defendants' side we're dealing with, is the US Attorney General.
....

I read again that document that you attached above - Civil Case Summary table.

Ok, now I see that you have to fill out form Appearance Form for Pro Se Litigants, but it's still not clear, because in that document Civil Case Summary table I don't see any info that you have to send that Appearance form to all defendants. It just says that it should be filled out. I thought that you file it with a court, but don't send it to all defendants.

Yes, I have to fill this form and submit with complaint to the court (only 1). No copies for defendants.

Next thing. I guess that In Forma Pauperis Application and Motion for Attorney Representation doesn't concern your case since you (I assume) will pay to your court and you don't need an attorney, right? Same thing with me here. I was told that if you don't have money to pay you may file a form, but you have to prove a certain amount of income. So I guess it's better to pay them in order to avoid any possible delays.

Correct. It'd speed up the process.

Next thing. I also guess that form USM-285 doesn't concert us, right? Our case will be served by a judge, not by a US Marshal, thus there is no need in that form.

You got it right, buddy.

Next thing is Summons. I see that "If you are suing the federal government or federal agency, you need to provide three extra copies". Maybe I'm wrong, but I think that suing USCIS is like suing a government, right? So maybe you have to send more than just 8 copies?

No. The clerk in court told me about initial 2 copies of complaint (I guess one goes to the judge right away), 2 copies of summons for each defendant, 1 cover sheet, 1 appearance form.
No one mentioned extra copies of summons. Also I have a question: whose name(s) appears) on those extra copies? I think, in my case all extra copies including indicating those federal agencies.

Sorry I got sooo many questions...

Another one - please tell me why you have 9 defendants? Is it just your case or is it normal to have same exact defendants when you need to request a hearing when you don't get a reply from USCIS within 120 days? And by the way where can I get more info about whom should I use as defendants in my case? There should be some guidelines...

8 defendants not 9.
I think, on page 897 or 898-899 of this forums there're couple complaints (samples) posted. One actually was for Chicago, so I just updated/verified the names

Before I forgot - did you use any useful complaint as an example?

See above. Also I'll attach these 2 samples that I've used. They're basically identical, so I was mainly using the one for Chicago

And my last question for now. I think I still don't clearly understand how to put all that 9 (or about) defendants on my cover sheet and on complaint form. On the cover sheet I have 3 lines. No continuation pages. So how will court will know which defendants I have? And in the general complaint form I have only 4 sections for 4 different defendants. Again, if I need to have more than 4 what should I do?

I called the court and they told me to put Et Al. It's just the cover sheet, all the defendants will be listed on your complaint. So I'd not stress myself too much over that.

Thank you for reply!

In the .zip file you'll see 2 .doc files. Not sure why there's no street address for US Secretary of the Department of Homeland Security, but this what came from their website. May be other people here can confirm or deny.

 

[SergeyR]

Unfortunately I didn't have time on Friday and on past weekend, so now I'll try to catch up. I will check your attached files now.

BTW I passed by a local District Court. Talked to girls there and they explained how to fill out a Cover Sheet.

They also explained me what to do if I have more than 4 defendants. I can either add an attachment to my General Complaint form or I can create a complaint by myself. I.e. using Microsoft Word or any other editor.

But they told me one strange thing - they said that such cases could take many days, months etc though I mentioned that people on the various forums report it takes 2-3 months after filing a civil case.

nickoxx

I just briefly checked all your attached papers. Did you make that "preparing_uscis_suit" document by yourself or you downloaded it somewhere here?

 

[nickoxx]

Unfortunately I didn't have time on Friday and on past weekend, so now I'll try to catch up. I will check your attached files now.

BTW I passed by a local District Court. Talked to girls there and they explained how to fill out a Cover Sheet.
Lucky you. In our case the clerk was kinda rude, like "whatever". He sent a message about consulting attorney for that.

They also explained me what to do if I have more than 4 defendants. I can either add an attachment to my General Complaint form or I can create a complaint by myself. I.e. using Microsoft Word or any other editor.

Are you talking about Cover sheet or Complaint? Because, usually on Complaint you list all the defendants. I've seen on-line Cover sheets with one defendant+Et Al.
So, it's up to you, buddy. I'm gonna put 2 defendants or 1+ Et Al, haven't decided yet: want to see how the print out looks like in terms of font size.
Also, you can use those sent samples and copy/paste into Word (like I did) for creating your own Complaint.

I spent extra time over the weekend and found even more complaints, but I want to keep it simple, not overloading my complaint with "citation and references".

But they told me one strange thing - they said that such cases could take many days, months etc though I mentioned that people on the various forums report it takes 2-3 months after filing a civil case.

Man, these people would tell you whatever they feel like. So I'd not rely on their "knowledgeable" info too much. Most of these clerks simply don't know what are they talking about at all.

I just briefly checked all your attached papers. Did you make that "preparing_uscis_suit" document by yourself or you downloaded it somewhere here?

I did it on my own. I like to surf on line and create some helpful docs/links. Knowledge - is the power, especially when you don't have to hire an attorney who's gonna tell you basically the same crap which he/she would find on line.

 

[SergeyR]

nickoxx

Oh, I just realized that I missed your message. You wrote your message inside my quote. And I guess I missed your previous message too lol. I simply didn't notice your message inside my quote. I just thought you quoted my message and only made few attachments.

Lucky you. In our case the clerk was kinda rude, like "whatever". He sent a message about consulting attorney for that.

Yes, they also suggested me to go to an attorney, but I thought that a Cover Sheet is a document which doesn't concern attorney. It's just a cover sheet.

Are you talking about Cover sheet or Complaint? Because, usually on Complaint you list all the defendants. I've seen on-line Cover sheets with one defendant+Et Al.
So, it's up to you, buddy. I'm gonna put 2 defendants or 1+ Et Al, haven't decided yet: want to see how the print out looks like in terms of font size.
Also, you can use those sent samples and copy/paste into Word (like I did) for creating your own Complaint.

Yes, you are right. They confirmed that on the cover sheet I can put only one defendant and add "Et Al". But in Complaint I should list them all. In my case the Complaint template has only 4 sections for defendants. In other words it allows me to put only 4 defendants in Complaint. What are my options if I need to put more? I can make an additional page and just insert it into Complaint. Or instead of using a template Complaint I can create my own complaint where I can put as many defendants as I need.

I spent extra time over the weekend and found even more complaints, but I want to keep it simple, not overloading my complaint with "citation and references".

I agree. Everything should be simple. They had 120 days to reply. They didn't. Now you want a court to resolve that issue.

Man, these people would tell you whatever they feel like. So I'd not rely on their "knowledgeable" info too much. Most of these clerks simply don't know what are they talking about at all.

I agree. We don't want to give up! Especially you when you are very close to your goal.

I did it on my own. I like to surf on line and create some helpful docs/links. Knowledge - is the power, especially when you don't have to hire an attorney who's gonna tell you basically the same crap which he/she would find on line.

I agree. I just didn't start my own helpful doc yet. Instead I just decided to keep everything online. So I suggest to use a Dropbox to keep all that docs available from every device. And I use Gmail, Google docs to keep everything online. I think it's better to have an access from everywhere. And I think attorneys may also complicate things depending on their experience and depending on what they found online. They may also lead to a wrong direction. Since they need your money and will demand to be paid well then I think the more inflated your case is the better for them. On another community forum they told me "You are stupid that you didn't go to an attorney". That crap motivates me even more. When they want you to give up it may make you even stronger. Just do what you have to do. Believe in what you do.

 

[SergeyR]

nickoxx

Submit complaint+cover sheet+appearance form for yourself+bring ready summons (what I was told). Clerk will do the rest.

No. The clerk in court told me about initial 2 copies of complaint (I guess one goes to the judge right away), 2 copies of summons for each defendant, 1 cover sheet, 1 appearance form.

That sounds not bad at all. So basically all you need to do is to make a clear and simple complaint.
Actually clerks didn't tell me to bring 2 copies of complaints for each defendant and they didn't mention appearance form too. I guess I have to double check with them.

I think, after you receive the Green USPS receipt from Attorney General, one has to mail it (or copy) to the court and send a copy to the local US Attorney's office.
From what I read on this forum, the only actual person from the defendants' side we're dealing with, is the US Attorney General.

Got it. Seems easy too. But just to make it more clear. Since you don't send all summons by yourself (clerk will do) then will Attorney General send you a receipt? Or maybe Attorney General will send a receipt to the clerk directly?

 

[nickoxx]

nickoxx



That sounds not bad at all. So basically all you need to do is to make a clear and simple complaint.
Actually clerks didn't tell me to bring 2 copies of complaints for each defendant and they didn't mention appearance form too. I guess I have to double check with them.



Got it. Seems easy too. But just to make it more clear. Since you don't send all summons by yourself (clerk will do) then will Attorney General send you a receipt? Or maybe Attorney General will send a receipt to the clerk directly?

Sergey, you need to serve the summons (send them to each defendant), at least this is what I was told, and unless your clerk will give you a hand.

 

[SergeyR]

nickoxx

Ok, got it.

Now I reread your document "preparing_uscis_suit" and I have a few questions:

1) Who is AUSA? I guess that USA is US Attroney, but I didn't get who is AUSA.
2) Is there any guarantee that CIS will adjudicate your case within 30 days after US Attorney told them to do so?
3) Before you dismiss your case (in order to allow CIS adjudicate the case) will you get any confirmation that USA and CIS agreed to adjudicate the case in 30 days?
4) I see you can refile your case to the court if CIS won't adjudicate your case within 30 days, but it sounds like vicious circle. I mean you file for a hearing then they tell you they will do it within 30 days then they fail then you again file for a hearing etc.