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

I have a question for you guys..

1) How long should I wait before I file WOM case? Is one year good enough? USCIS has not scheduled an interview for me and I am not even in line for interview.
From my past experience with USCIS, it seems that they won't process my case unless I ask a judge to intervene. I got stuck in the process long time ago when I applied for GC and I had to file WOM case . Now I guess I will have to file WOM again for my N400.
 
nickoxx

I know that Infopass appointments suck, but I always believe it could help. I believe in miracles lol! :D

I guess it's holidays affected mail delivery and processing. I know USPS was extremely busy and behind schedule. We shipped 5 boxes from Delaware to NY and it took them 8 days to deliver that Priority Mail boxes to NY. It's 3 hours when you drive a car from here to NY and 8 days when you send mail in December. I hope that they will get back on track soon.

Yup, it you take a look at my draft that will be great!
 
guys, officer asked me to send it RFE (request for evidence), and I did and then officer said, denied because we asked RFE (request for evidence) from you

doesn't make sense, you asked, I provided, what is wrong with that? It is very frustrating. One year has passed already, waste of time fighting for people that don't care
 
I have a question for you guys..

1) How long should I wait before I file WOM case? Is one year good enough? USCIS has not scheduled an interview for me and I am not even in line for interview.
From my past experience with USCIS, it seems that they won't process my case unless I ask a judge to intervene. I got stuck in the process long time ago when I applied for GC and I had to file WOM case . Now I guess I will have to file WOM again for my N400.
I think I've seen 1 year waiting before people started filing WOMs. You need to check if your N-400 way behind processing times (local office).
 
nickoxx

I know that Infopass appointments suck, but I always believe it could help. I believe in miracles lol! :D

I guess it's holidays affected mail delivery and processing. I know USPS was extremely busy and behind schedule. We shipped 5 boxes from Delaware to NY and it took them 8 days to deliver that Priority Mail boxes to NY. It's 3 hours when you drive a car from here to NY and 8 days when you send mail in December. I hope that they will get back on track soon.

Yup, it you take a look at my draft that will be great!

Check Section IV 1st paragraph: you messed up with the dates.
Section V - is this your local template? Since I didn't have one. Do you need it?
Section VI, line 3 - not clear what is "Grant such other and further relief as may be appropriate"?
Section VII - is this your local template? Do you really need it?

Everything else looks good to me, some minor grammar things though, but I guess it's OK (I've seen errors even in USCIS' mails, so who cares?). I've sent mine with 2 errors as well (although I tried to do the best).

Man, they've really screwed you up: not recommended, no RFE, no updates. Did the officer tell you what was the reason for "not recommendation"? Or he just did it being in the "great mood"?
 
nickoxx

Somehow I missed your message, because I didn't get an email notification(((

Check Section IV 1st paragraph:

I see. Actual date is August 24, 2015. I guess it's copy&paste error.

Section V - is this your local template? Since I didn't have one. Do you need it?
Section VII - is this your local template? Do you really need it?

Yes, my Delaware District Court Template has that sections, so I kept them. Closing section already contains two paragraphs, so all I did was copy&paste.

Section VI, line 3 - not clear what is "Grant such other and further relief as may be appropriate"?

I just copied it from some random case. Actually I'm not sure what that means either lol! :D

Please could you tell how you did in your case?

I see only this in Prayer section (I guess Prayer is same as Relief):

WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order adjudicating the naturalization application. In the alternative, the Court may remand requiring Defendants to immediately adjudicate Plaintiff's naturalization application.

You can find it here: http://ilcm.org/documents/natz/litigation/061114_Sample_336.pdf

Everything else looks good to me, some minor grammar things though, but I guess it's OK (I've seen errors even in USCIS' mails, so who cares?). I've sent mine with 2 errors as well (although I tried to do the best).

Yup, I agree - I think small errors are OK. It shouldn't be a problem, because our cases are not about grammar.

The officer was not a young guy. He learned that I moved from FL to DE, he learned that I am self-employed, maybe he couldn't process such amount of information. And the system failed.

BTW couple days ago I received a letter from USCIS. I was so happy that I didn't take a close look at it. I thought that finally they sent me something. I thought that maybe it was at least an RFE. So I opened it and suddenly realized that it wasn't intended for me. I checked address portion and I found that address was very very similar to my home address, even the house number and the zip code was the same, but street name was wrong and recipient was different. I even tried to Google that address, but Google maps can't find it. Google even can't find a street name. I just returned it.

You can imagine how I went from 100% happiness and anticipation to 100% frustration. It's like they were trolling me lol.
 
nickoxx

Somehow I missed your message, because I didn't get an email notification(((



I see. Actual date is August 24, 2015. I guess it's copy&paste error.




Yes, my Delaware District Court Template has that sections, so I kept them. Closing section already contains two paragraphs, so all I did was copy&paste.



I just copied it from some random case. Actually I'm not sure what that means either lol! :D

Please could you tell how you did in your case?

I see only this in Prayer section (I guess Prayer is same as Relief):

WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order adjudicating the naturalization application. In the alternative, the Court may remand requiring Defendants to immediately adjudicate Plaintiff's naturalization application.

You can find it here: http://ilcm.org/documents/natz/litigation/061114_Sample_336.pdf



Yup, I agree - I think small errors are OK. It shouldn't be a problem, because our cases are not about grammar.

The officer was not a young guy. He learned that I moved from FL to DE, he learned that I am self-employed, maybe he couldn't process such amount of information. And the system failed.

BTW couple days ago I received a letter from USCIS. I was so happy that I didn't take a close look at it. I thought that finally they sent me something. I thought that maybe it was at least an RFE. So I opened it and suddenly realized that it wasn't intended for me. I checked address portion and I found that address was very very similar to my home address, even the house number and the zip code was the same, but street name was wrong and recipient was different. I even tried to Google that address, but Google maps can't find it. Google even can't find a street name. I just returned it.

You can imagine how I went from 100% happiness and anticipation to 100% frustration. It's like they were trolling me lol.
I've just used Prayer: "

24. WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order adjudicating Plaintiff’s application for naturalization, and if the Court finds Plaintiff eligible for naturalization, to administer the Oath of Allegiance to Plaintiff. In the alternative, the Court may remand requiring Defendants to immediately adjudicate, and preferably approve Plaintiff’s naturalization application."
 
nickoxx

Any news regarding missing return receipts or did anyone from defendants contact you?

I plan to visit District Court this week and finalize creating my complaint.
 
nickoxx

Any news regarding missing return receipts or did anyone from defendants contact you?

I plan to visit District Court this week and finalize creating my complaint.
Thank God, I have Green Card (receipt) from Attorney General's office.
Local post office is trying to locate these missing Green Cards and I'll call them back on Friday.
If not, I'll just submit those remaining .pdf versions of return receipts, although, it doesn't display the full name and address of each remaining defendant.

Nop, nobody has contacted my wife either via e-mail or phone call yet. Didn't really surprise me.
Based on the past info from this forum they might (but no guarantee) to contact even during the 1st court hearing. It's rarely , but possible.

No matter what happens, we're both getting ready for the court.
I was told at DO, that prior to court hearing, the judge meets with the plaintiff. So, that way we'll have all my wife's N-400 docs ready and submit to him.
 
Got it. BTW how many hearing can be there? So the first should be in 60 days after you file a complaint, right?
You meant in total or prior the actual court hearing?
To be honest, I only know that defendants are supposed to reply withing 60 days.
I think, the sooner we submit our Green Receipts, sooner we get case being moved forward.
 
Update on my wife's case: she got a voicemail left from local USCIS officer about another interview scheduled for 2/4/16 with me.
Also, the local USA rep e-mailed her asking about 30 day extension (don't know what it is), since the due date is 2/12/16 and she has the interview scheduled on 2/4/16.
I've spent some time today searching through this forum either going to the 2nd interview or not. People's opinions differ: some do go, others say no (because of another possible new 120 day clock from the USCIS).

So, I have no clue at this point yet. I've already e-mailed back to local attorney's office expressing all these concerns, but no reply back yet.
 
Update on my wife's case: she got a voicemail left from local USCIS officer about another interview scheduled for 2/4/16 with me.
Also, the local USA rep e-mailed her asking about 30 day extension (don't know what it is), since the due date is 2/12/16 and she has the interview scheduled on 2/4/16.
I've spent some time today searching through this forum either going to the 2nd interview or not. People's opinions differ: some do go, others say no (because of another possible new 120 day clock from the USCIS).

So, I have no clue at this point yet. I've already e-mailed back to local attorney's office expressing all these concerns, but no reply back yet.

At least it's something. Better than nothing. I hope you are close to your goal.

I have couple a questions:

1) Can you refuse to go to the 2/4/2016 interview without any consequences? It's a difficult decision. On one hand it may greatly speed things, but on the other you never know what they will produce out of their hat.
2) What should happen on 2/12/2016 considering USCIS alredy lost it's jurisdiction in your case? Let's say today is 2/12/2016. What should happen?
3) How is that possible they will take another 120 days? They ALREADY had an interview last year and they had 120 days to make a decision. Another interview should not be a reason to postpone a decision for another 120 days. Clock is already ticking and I believe another interview should not reset the counter.
 
At least it's something. Better than nothing. I hope you are close to your goal.

I have couple a questions:
1) Can you refuse to go to the 2/4/2016 interview without any consequences? It's a difficult decision. On one hand it may greatly speed things, but on the other you never know what they will produce out of their hat.
This is really a tough one. I'm kinda leaning towards going to.

2) What should happen on 2/12/2016 considering USCIS alredy lost it's jurisdiction in your case? Let's say today is 2/12/2016. What should happen?
Attorney needs to reply back to the DC by that date with something.

3) How is that possible they will take another 120 days? They ALREADY had an interview last year and they had 120 days to make a decision. Another interview should not be a reason to postpone a decision for another 120 days. Clock is already ticking and I believe another interview should not reset the counter.
Well, they may use it.
I'll try to email attorney's office on this and see what they can promise or say something.
 
I'd go too.

I think that Attorney may reply that they can need schedule another appointment to make a decision. Probably in your case they already did this (scheduled an appointment).

I hope they won't delay it again. There is no sense in making an appointment and then again delay it. I think another delay may create a legal precedent, so nobody will trust USCIS again. Or they will have to guarantee they will make a decision during another appointment.

As for me I was lazy, busy, but mostly lazy. I hope to visit DC tomorrow or on Friday. I hope I'd visit them last week. I just need to be more persistent.
 
Went to District Court today. Every time I go there I feel a little dumb, because all that stuff is "foreign" to me. I had to ask some questions several times just to clarify things.

Now I have a few answers regarding my particular case:

1) They don't require to put numbers in the beginning of each paragraph. They told me this "As long as they can read it you are fine. There are no numbers in the template, so you don't have to use numbers".
2) They don't use Appearance form.
3) I have to make a copy or each Summon and a copy of each Complaint and serve each defendant.
4) There are several ways to serve a defendant. When defendant is a government I can use a "green receipts". That means use USPS to deliver my letter to a defendant. There are other ways, but I won't describe it here, because I believe that USPS Green Receipts are more than fine in this case.
5) Besides 8 defendants I have also serve Attorney General of Delaware.
6) If I won't get all 8 receipts that will be a problem. Typically they should provide me a Green Receipt within a few days. If not I can try to resubmit my letter.
7) Then after each defendant is served they will have 60 days to reply.

Now I have to:

1) Fix some items in Cover Sheet
2) Double check addresses of each defendant
3) Create a summon for each defendant
4) Make a copy of complaint for each defendant
5) Make a copy of complaint for District Court
6) Make a copy of summon and complaint for Attorney General of Delaware
7) Print all copies of summons and complaints and go to the District Court.
8) Pay fee, get everything stamped and then go to USPS to send all that stuff to all defendants and Attorney General or Delaware.
9) Get all green receipts and return to the District Court.
10) Then probably wait another 60 days. After that I don't know yet.

I have two question:

1) That addresses listed in addresses_law_suit.doc file - are they absolutely correct?
2) In the cover sheet there is a section "VI. Cause of action". Unfortunately I don't know how to fill it out. In District Court they told me there should be some particular U.S.C., but I don't know how exactly to fill both fields of that section: "Cite the US Civil Statute under which you are filing" and "Brief description of cause".

Guys, please help me with these 2 questions. I attached a template of a Cover Sheet.
 

Attachments

  • JS_044 Civil Cover Sheet.pdf
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Went to District Court today. Every time I go there I feel a little dumb, because all that stuff is "foreign" to me. I had to ask some questions several times just to clarify things.

Now I have a few answers regarding my particular case:

1) They don't require to put numbers in the beginning of each paragraph. They told me this "As long as they can read it you are fine. There are no numbers in the template, so you don't have to use numbers".
2) They don't use Appearance form.
3) I have to make a copy or each Summon and a copy of each Complaint and serve each defendant.
4) There are several ways to serve a defendant. When defendant is a government I can use a "green receipts". That means use USPS to deliver my letter to a defendant. There are other ways, but I won't describe it here, because I believe that USPS Green Receipts are more than fine in this case.
5) Besides 8 defendants I have also serve Attorney General of Delaware.
6) If I won't get all 8 receipts that will be a problem. Typically they should provide me a Green Receipt within a few days. If not I can try to resubmit my letter.
7) Then after each defendant is served they will have 60 days to reply.

Now I have to:

1) Fix some items in Cover Sheet
2) Double check addresses of each defendant
3) Create a summon for each defendant
4) Make a copy of complaint for each defendant
5) Make a copy of complaint for District Court
6) Make a copy of summon and complaint for Attorney General of Delaware
7) Print all copies of summons and complaints and go to the District Court.
8) Pay fee, get everything stamped and then go to USPS to send all that stuff to all defendants and Attorney General or Delaware.
9) Get all green receipts and return to the District Court.
10) Then probably wait another 60 days. After that I don't know yet.

I have two question:
1) That addresses listed in addresses_law_suit.doc file - are they absolutely correct?
Yes (since all my defendants received it :cool:).
But you can still Google to double check, dude.

2) In the cover sheet there is a section "VI. Cause of action". Unfortunately I don't know how to fill it out. In District Court they told me there should be some particular U.S.C., but I don't know how exactly to fill both fields of that section: "Cite the US Civil Statute under which you are filing" and "Brief description of cause".
Check "462"
Cause of action: "U.S.C. 1447(b)"
Brief description: "No decision made after 120 days since the initial N-400 interview"
 
nickoxx

Thank you!

Alright, I'll make all changes today and I hope to file a complaint today (it's a bit hard) or on Monday.
 
I underestimated Monday. So I hope to visit DC tomorrow on Tuesday.

And my current lease ends in 2 months. I was thinking to move close to work. I heard that if you move while your case is pending it may delay everything. Now I have to stick to my current home. Why should I do this? Just because USCIS couldn't make their decision.

nickoxx, do you have any news or replies from AG of Illinois? I see that Feb 4 is really around the corner.
 
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