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

The fact that AUSA is assigned and I hand delivered summons to US Attorney's office, the 60 day clock has already started, right?
Can I file Proof of Service without proof of delivery attached? May be I should with clerk as well?

When you hand deliver it to AUSA, they usually stamp and sign the second page of summons. Just fill the remaining info on the second page and file it with the court. You can file it separately, but it does not really matter as the clock starts from the date you hand delivered the complaint to USAtt Office.
 
Can we get the help with Court Clerks in the processing/delivery matters OR they would not help us at all even if they notice that we are making mistake in the procedure of civil suit; I know they not gonna answer anything regarding the Complaint. Please explain....

The clerks are usually just accept what you file. Some of them are knowledgeable, some of them are not. I found out that their advice is often confusing.
 
I did get the "Received Attorney's on xxx" stamp but on the first summons page and NOT on the second page (titled Proof of Service). I guess it doesn't matter.
When you hand deliver it to AUSA, they usually stamp and sign the second page of summons. Just fill the remaining info on the second page and file it with the court. You can file it separately, but it does not really matter as the clock starts from the date you hand delivered the complaint to USAtt Office.
 
What is your district?

Oklahoma City Field Office;

I belive the District Office is in Dallas :

Angela Barrows
District Director, USCIS
Dallas District Office

I need to know the name of my Field office Director; Please help...
 
Last edited by a moderator:
Oklahoma City Field Office;

I belive the District Office is in Dallas :

Angela Barrows
District Director, USCIS
Dallas District Office

I need to know the name of my Field office Director; Please help...

According to the USCIS info from Jan 2004, Officer-in-Charge is
Barry Royce
4400 Southwest 44th Street, Suite A
Oklahoma City, Oklahoma 73119-2800

http://www.uscis.gov/files/pressrelease/announcement_012904.pdf

I am also attaching document with information about USCIS offices and officers for future use :)
 
Last edited by a moderator:
I spoke with the assistant of AUSA this morning(twice). She said the AUSA would relay my desire of having the interview done within 30 days and having my case adjudicated within 30 days after the interview. She said it's very likely the interview would be conducted within 30 days but they could not promise anything. They are not looking at dismissing my case at this time but they will give the court an update with the latest progress. Also there is a case management conference scheduled for 7/25. So I told them that I would wait after I receive the IL next week then decide what to do(the assistant also told me that I should receive the IL in a week).
 
Last edited by a moderator:
Oklahoma City Field Office;

I need to know the name of my Field office Director; Please help...

AFAIK, Oklahoma City Field Office was working without a director for quite awhile. I am not sure if Barry Royce is still in charge. You can always address it to Field Office Director, if you do not have a name. Have you tried USCIS customer service?
 
Veera Ward used to be Acting Director last year (I got that from a WOM). When I got my InfoPass this Jan 08 I was told that Jose R. Olivares is the Director right now but I don't really trust those folks and may be he was changed since then. I will check with USCIS customer service next week but if I address to the wrong name then I assume it wouldn't affect my suit as we are suing the agency/office NOT the individual? Right Lazycis? Also, do the Head of Field Offices calls Field Office Director OR the Officer-in-Charge?

AFAIK, Oklahoma City Field Office was working without a director for quite awhile. I am not sure if Barry Royce is still in charge. You can always address it to Field Office Director, if you do not have a name. Have you tried USCIS customer service?
 
Last edited by a moderator:
Veera Ward used to be Acting Director last year (I got that from a WOM). When I got my InfoPass this Jan 08 I was told that Jose R. Olivares is the Director right now but I don't really trust those folks and may be he was changed since then. I will check with USCIS customer service next week but if I address to the wrong name then I assume it wouldn't affect my suit as we are suing the agency/office NOT the individual? Right Lazycis? Also, do the Head of Field Offices calls Field Office Director OR the Officer-in-Charge?

Yes, you can just put USCIS Oklahoma City Field Office Director as a defendant.
 
PACER vs. CM/ECF

Hi everyone,

I can log on to the court's ECF with my PACER account and look at documents for most cases. I can't look at my own cases' documents. Apparently they can only be seen by the counsel on record which as a Pro Se is me.
I have also motioned to efile. I'm being told by the ECF support at the court that I will have to wait until the judge rules ony my motion to efile and then I should be able to download my documents (Complaint etc by clicking on the numbered hyper link). I understand that I have to wait for judge to rule for me to be able to efile documents but even to view them, I need ECF login?

Looks like ECF login is separate from PACER login id?

Did you run into similar issues?
 
ECF account is different from your PACER account. If you link your ECF account with your PACER account, then you will be able to view cases and efile via your ECF login.
 
I should say if you link you PACER account with your ECF account.

After you login in your ECF account, go to 'Utility', then select 'Change Your PACER login', check the check box 'Make this my default PACER login' and put in your PACER login information. Then you are ready to go.
 
Thanks, so I need to wait for the judge to rule on Motion to efile, if granted, I would be given ECF account id/password and then I should be able to do what you suggested.
I should say if you link you PACER account with your ECF account.

After you login in your ECF account, go to 'Utility', then select 'Change Your PACER login', check the check box 'Make this my default PACER login' and put in your PACER login information. Then you are ready to go.
 
Proof of Service

I served complaint+exhibits+Motion to EFile on defendants.
"I caused the summons and a copy of COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR A WRIT IN THE NATURE OF MANDAMUS"

Should I modify it to read?

"I caused the summons and a copy of COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR A WRIT IN THE NATURE OF MANDAMUS and Motion to EFile"

And there's no need to mention Exhibits because they would be considered part of the Complaint. Right?
 
Thanks, so I need to wait for the judge to rule on Motion to efile, if granted, I would be given ECF account id/password and then I should be able to do what you suggested.

Yeah, you will need to get(apply?) your ECF account after the court approves your efiling request, then you can start efiling.

You mentioned that you cannot look at your case via PACER. I am afraid that's because the document for your case hasn't been scanned into the system yet since you filed your case by person.
 
I served complaint+exhibits+Motion to EFile on defendants.
"I caused the summons and a copy of COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR A WRIT IN THE NATURE OF MANDAMUS"

Should I modify it to read?

"I caused the summons and a copy of COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR A WRIT IN THE NATURE OF MANDAMUS and Motion to EFile"

And there's no need to mention Exhibits because they would be considered part of the Complaint. Right?

For my district, the court gave me bunch of documents when I filed my complaint and motion to efile initially, and I had to serve the defendants with those document as well. So instead of trying to include everything in one sentence, I just listed all the documents I served on the proof of service.
 
I called the court clerk and he was able to see my documents. I'm assuming he was seeing the scanned copy. When I click on the numbered link, it give me "Not authorized to view".
Yeah, you will need to get(apply?) your ECF account after the court approves your efiling request, then you can start efiling.

You mentioned that you cannot look at your case via PACER. I am afraid that's because the document for your case hasn't been scanned into the system yet since you filed your case by person.
 
I called the court clerk and he was able to see my documents. I'm assuming he was seeing the scanned copy. When I click on the numbered link, it give me "Not authorized to view".

I think if you use your PACER account, then it's no difference if you view your own case or any other cases unless you linked your PACER account with your ECF account.
 
I don't have an ECF account yet because the court hasn't ruled on my Motion to efile and only after it's granted, a new ECF account will be created. Apparently there are cases in which you can't view documents and you will get "you don't have permission ..." error. I think another user in the forum was having issues but lazycis was able to view them.
I called PACER customer service and they referred me to my court's ECF or PACER customer service. The court's customer service told me that my case was in the category of Immigration and Social security so it can only be viewed by counsel on record. I need to follow up on the issue more and find out what's the problem.

When I get ECF account, will it charge me to file documents as well as view them like regular PACER does?

I think if you use your PACER account, then it's no difference if you view your own case or any other cases unless you linked your PACER account with your ECF account.
 
Does it really matter how we file the case (manually or e-filing) OR some districts have only e-filing. What I'm trying to get is to get to know that e-filing is optional as is much more efficient....

OK-Boy
I don't have an ECF account yet because the court hasn't ruled on my Motion to efile and only after it's granted, a new ECF account will be created. Apparently there are cases in which you can't view documents and you will get "you don't have permission ..." error. I think another user in the forum was having issues but lazycis was able to view them.
I called PACER customer service and they referred me to my court's ECF or PACER customer service. The court's customer service told me that my case was in the category of Immigration and Social security so it can only be viewed by counsel on record. I need to follow up on the issue more and find out what's the problem.

When I get ECF account, will it charge me to file documents as well as view them like regular PACER does?
 
Top