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

[Eastbayer]

I did include exhibits as part of my petition

Tomorrow I will drop off my documents with the court. I have a simple question: are the exhibits considered part of the complaint? In other words, I should mail the defendants and US attorney summon+complaint+exhibits? Gurus please comment.

 

[aka808]

I have filed WOM a week ago, but have not received summons yet. I saw some people served US attorney the same day when they filed the lawsuit. Am I missing something here?

Hope

Depends where you file. In SDNY you get the summons the same day stamped, sealed when you file

 

[aka808]

Tomorrow I will drop off my documents with the court. I have a simple question: are the exhibits considered part of the complaint? In other words, I should mail the defendants and US attorney summon+complaint+exhibits? Gurus please comment.

Exhibits are part of the complaint (filing). They should be submitted at the time of filing. In case you need to add /correct information after the filing is done, you can always submit a correction.

You should mail the Defendants everything that has been filed with the Court

 

[RealSuperK]

Today I've got an official answer from Attorney, since 60 days on my 1447(b) cas has expired yesterday. I'm shocked, he was so nice at phone and never experess that he was going to file a negative answer!

The answer is weak. He is using the Danilov defense that has been overturned by numerous courts. Most probably he's trying to buy some time.

Are you required to file an answer? Check out the attached document. It got everything you need to beat this crap.

K

P.S. Keep your head up dude, Northern Cali got it made

 

[moody22]

I just contacted the Attorney now, he asked for $7,000, i will make an appointment with him to see if we can negotiate.

Evrybody is taking advantage on our miserable situation, that caused by theses assholes.

Regards,

Moody

Just a little update on my case.

I received a letter today from my senator office, stating that they’re currently in touch with the FBI for my name check delay.

I took the letter immediately, and I went to the senator’s office. I met with his office regional director, very nice and decent person.

I thanked him, and I explained to him it’s not the FBI problem anymore since the already cleared my name 2 years ago, it’s those lazy bastards at the CIS whose keep laying to me for two years, and blaming the FBI.

He asked me for the FBI letter, and I showed it to him. I also told him about the WOM, and the $7, 000attorny’s fee. He immediately said: you already paid the application fee, and you don’t have to spend any more dime to get the service, if you are qualified for it.

He said also those CIS guys are very inefficient and incompetent, and people are complaining about them all the time. That’s why they took their former director out, and replaced him by the current one.

He asked me to write an official complaint to the office, and attach all the letters from FBI, WH, FOIPA, CIS responses to my INFOPASS, and send it to him tomorrow morning, and he will contact the CIS to see what the fuck exactly they’re doing.

I don’t know if it worth it to wait a little bit before filing the WOM, to see any positive results for the noise I’m making now??

Regards,

Moody

 

[cajack]

Moody22:

You have a good senator who is willing to help. Which state are you currently in? I am in california and I contact my senator this June and got response that my case is assign to someone. But I have not received any new information yet. I am thinking to contact senator office next monday. You are correct, senators know that CIS has a lot problems and there are many people complaining about the name check recently. Keep us posted.

Jack

Just a little update on my case.

I received a letter today from my senator office, stating that they’re currently in touch with the FBI for my name check delay.

I took the letter immediately, and I went to the senator’s office. I met with his office regional director, very nice and decent person.

I thanked him, and I explained to him it’s not the FBI problem anymore since the already cleared my name 2 years ago, it’s those lazy bastards at the CIS whose keep laying to me for two years, and blaming the FBI.

He asked me for the FBI letter, and I showed it to him. I also told him about the WOM, and the $7, 000attorny’s fee. He immediately said: you already paid the application fee, and you don’t have to spend any more dime to get the service, if you are qualified for it.

He said also those CIS guys are very inefficient and incompetent, and people are complaining about them all the time. That’s why they took their former director out, and replaced him by the current one.

He asked me to write an official complaint to the office, and attach all the letters from FBI, WH, FOIPA, CIS responses to my INFOPASS to and send it to him tomorrow morning, and he will contact the CIS to see what the fuck exactly they’re doing.

I don’t know if it worth it to wait a little bit before filing the WOM, to see any positive results for the noise I’m making now??
Regards,

Moody

 

[moody22]

Moody22:

You have a good senator who is willing to help. Which state are you currently in? I am in california and I contact my senator this June and got response that my case is assign to someone. But I have not received any new information yet. I am thinking to contact senator office next monday. You are correct, senators know that CIS has a lot problems and there are many people complaining about the name check recently. Keep us posted.

Jack

Hi Jack,

I’m in Florida,

I advice you to go to the senator office in your city directly, instead of sending letters.

You can fined his office address at your city by visiting: www.ussenate.gov

Regards,

Moody

 

[Oct2003]

district director of USCIS at San Jose?

My I-485 was filed to USCIS San Jose sub Office in 2003 and is still pending on FBI name check. I am preparing to file WOM.

Does anyone know who is the district director of USCIS, who is in charging of USCIS at San Jose office?

Thanks,
Oct2003

 

[opthb]

485 rejection due to WoM law suit?

Maybe I am getting cold feet. Has anyone heard of rejections of I-485 rejections due to WoM law suit? My I-485 is employment-based and I-140 has been approved in March 2005. I am from China and have been a law-abiding person. I don't think they have anything on me. Perhaps my name hits a record with the same name.

 

[dispressmom]

Do I need include summon in my 1447 lawsuit?

Hi, my question might be a little silly? Could anyone who win the case tell me what is include in the pro se package to court house? I thought the following documents are enough:
1. complaint
2. cover sheet
3. check

But after I review the template of some complaints, it seems summons are included in some complaints as well. Could anyone reply to me? Thanks a lot

 

[moody22]

Maybe I am getting cold feet. Has anyone heard of rejections of I-485 rejections due to WoM law suit? My I-485 is employment-based and I-140 has been approved in March 2005. I am from China and have been a law-abiding person. I don't think they have anything on me. Perhaps my name hits a record with the same name.

Did they already dinied your I-485 as a result for the WOM, or you just afraid they'll do so??

 

[cajack]

Moody:

Thank you very much. I found out my senator office is located at San Francisco. It is about 2 hours away from where I live. Therefore, I will call them, because I know who is working on my case and I have talked to her few weeks ago. She was not surprise that I am complaining about the name check, because she sounds like that she is fimilar with the term 'Name Check'. You can imagine how many calls she gets every day regarding name check. Good luck on your case and hope you hear good news soon.

Jack

Hi Jack,

I’m in Florida,

I advice you to go to the senator office in your city directly, instead of sending letters.

You can fined his office address at your city by visiting: www.ussenate.gov

Regards,

Moody

 

[cajack]

Dude:

You are not the only one here. I am from china and I have a popular last name. I know if you have popluar name, there are many chance to get a hit while FBI runs the name check. I got result of FOPIA from FBI last month and there is 'no record'. Well, FBI states that FOPIA and name check is different. But I know I am a lawful resident in China and U.S. and my fingerprint and FOPIA proves it.

Good luck,

jack

Maybe I am getting cold feet. Has anyone heard of rejections of I-485 rejections due to WoM law suit? My I-485 is employment-based and I-140 has been approved in March 2005. I am from China and have been a law-abiding person. I don't think they have anything on me. Perhaps my name hits a record with the same name.

 

[opthb]

it is just my worries

moody22,

It's just my worries. I guess I am still worried about that even if I win my WoM case, it may anger the USCIS and causes a backlash.

Did they already dinied your I-485 as a result for the WOM, or you just afraid they'll do so??

 

[opthb]

cajack,

are you filing WoM? It seems you are working with your senator's office to deal with this problem? I have tried both senators in the state, but the case workers in both senators' offices tried very hard to convince me that the delayed name check is normal and the best thing to do is to wait. I think they got that from a workshop organized by the USCIS or DHS.

Dude:

You are not the only one here. I am from china and I have a popular last name. I know if you have popluar name, there are many chance to get a hit while FBI runs the name check. I got result of FOPIA from FBI last month and there is 'no record'. Well, FBI states that FOPIA and name check is different. But I know I am a lawful resident in China and U.S. and my fingerprint and FOPIA proves it.

Good luck,

jack

 

[Oct2003]

District Director of USCIS in North CA

I am in North CA and preparing to file a WOM.
Could you please tell me if you put a District Director of USCIS in your Defendant list and what is the Director's name? Thanks
Oct2003

I filed WOM today in Nor Cal. Along with the summons they gave me a lot of documents, these are the docs i got -
1. Civil cover sheet with case # and ADR written on top.
2. Summons.
3. Order setting initial case management conference and ADR deadlines. (2 copies)
4. Standing order Regarding Pretrial preparation (2 copies)
5. Standing order Regarding Case Management in Civil Cases (2 copies)
6. Filing Process Guidelines
7. Hearing schedules.
8. Fee schedule summary.
9. Prohibition of Bias.
10. ECF Registration Information
11. Pro se hand book.


What do I need to send AUSA and all defendants?

Has anyone gone through the process of Alternative dispute resolution?

Thanks.

 

[moody22]

moody22,

It's just my worries. I guess I am still worried about that even if I win my WoM case, it may anger the USCIS and causes a backlash.

Actually, I don’t blame you. But they can’t just deny your application because you filled a WOM. They have to think about good reason for denial, because they know you will appeal their revenge action.

You sued them because they are stupid, they will not make such a dump action to look more stupid in front of the judge.

Regards,

Moody

 

[cajack]

opthb:

Good point. Probably DHS or CIS offered free cookie during those workshop session as well. I got the same feeling after talking to people working for Senator Feinstein. Since I heard Boxer is evey worse, I have not even bother to contact her. If I become a citizen, none of them will get my vote. Well, I am preparing 1447b lawsuit for my citizenship application. my 120 days is coming up this month. Filing 1447b does not require me to contact Senator, get infopass or get a FOPIA. However, the reason that I am doing all of these is to prove that I am willing to resolve this issue outside the court. If I have no other choice I have to seek help from district court. I just don't want to wait forever. Yeah, I agree with you I feel a little big nervous when I am thinking of taking legal action against the government agency. But if I don't want to wait forever, I have to do something. Sounds like that you have filed your wom already, right?

Good luck to you and keep us posted,

Jack

cajack,

are you filing WoM? It seems you are working with your senator's office to deal with this problem? I have tried both senators in the state, but the case workers in both senators' offices tried very hard to convince me that the delayed name check is normal and the best thing to do is to wait. I think they got that from a workshop organized by the USCIS or DHS.

 

[Emta]

Where did you file. Oak, SF or San jose? Did you list FBI as your defendant as well?

San Jose. Attorney Edward Olson. FBI is a defendant. Pretty standart complaint.

 

[Emta]

The answer is weak. He is using the Danilov defense that has been overturned by numerous courts. Most probably he's trying to buy some time.

Are you required to file an answer? Check out the attached document. It got everything you need to beat this crap.

K

P.S. Keep your head up dude, Northern Cali got it made

Thanks a lot for the doc and encouragement. Will research it. As fas as I understand I'm not required to file an answer.

Will see when I will be back after my vacation (we are going on backpacking trip, so no access to mail, phone and internet).

There is some hope NC will be cleared in coming weeks. And I will research everything to find out what can I do.

Thanks for your support.