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

[nobigdeal]

Hi, I am officially in the club of fighting this stupid name check crap. My 485 was filed on March 04, 2004. Name check started a few days later according to FBI and still pending. FBI FOIPA returned no record. Tried everything and no results. Then after reading this thread, on 6/5/2006, filed WOM at the eastern New York district. Local US attorney already served, still waiting for the green things coming back from Washington.

Does anybody know anything about Eastern New York District Court? Any similar cases? Any experience with the local US attorney? Any help is highly appreciated. I think I still have a long way to go. Most likely I will be needing friendly help from you guys since we are in this together. Thanks in advance.

 

[Eastbayer]

You are right

From Nob Hill Masonic Center Calendar, there is a schedule up to September 2006 for oath ceremony. 6/20, 7/11, 7/25, 8/8, 8/22, and 9/5. I look at that calendar everyday and expect there is a slot for me in the coming oath ceremony. But, I am disappointed each time so far. You know, I keep looking at your case, since you are in North CA as me. If you win, I get more chance to win, don't I?

Hi Syt,

I have not received the oath invitation letter yet. But I called the US Att. office. I was told USCIS has scheduled me for the oath ceremony on 7/11!

I should be getting this letter shortly. Thanks for your "advanced" information, and good luck to your fighting !

 

[wimgc]

online message changed after filing WOM

As other members mentioned before, afer filing WOM, the USCIS online message changed to:
"Your I485 Application to Register Permanent Residence or to Adjust Status was received on April 27, 2004. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates."
Is this a good sign?
I also received the 2nd FP notice because my 1st FP will expire this month. I don't know if this is due to the lawsuit or they just do their job as they should do?
Any idea?

 

[syt]

Hi Syt,

I have not received the oath invitation letter yet. But I called the US Att. office. I was told USCIS has scheduled me for the oath ceremony on 7/11!

I should be getting this letter shortly. Thanks for your "advanced" information, and good luck to your fighting !

Eastbayer,

CONTRATULATIONSSSsss...

Could you please let me know the infomation (name, phone number, email address) about DA and AUSA assigned to your case. I think the same 1447(b) case will be assigned to the same DA and AUSA. Such that I can contact with them as soon as possible to avoid delay. Thansk a lot.

syt

 

[sanka]

Hello everyone,

I am new to this forum, but I has been reading it for a while. First of all, I want to say thank you to everyone on this forum for so many valuable posts, which I couldn't find anywhere else.

On 5/31 we also filed a 1447 complaint after one year of waiting. So far, nobody has contacted us from US att office. Today, we turned in returned receipts (small, green card), however, we got only 3 real return receipts out of 6. Other 3 we just printed out of the UPS web site.

I have a question to everyone. Does anybody know about 1447 cases in Austin, TX (Western District of Texas)? I saw that somebody mentioned smth about checking case status (and fidning similar cases) on PACER. Could you pls explain how to do it?

Also, could you please suggest when is the best time to call US att. Their office was served on 6/2?

Thank you so much. I'll keep updating everyone about our case.

 

[ls691035]

Hi guys!

Today I went to the clerk to submit certificates of service. I got all the printouts from usps.com, and only one green card.

1.The clerk refused to accept anything but green return cards. And he almost turned out the only card I have because it doesn't get signature of receiver, but only a stamp (from USCIS TSC).

2.He said he does not need a proof of service for US District attorney, and I did not need to serve him.

My question is - is it possible not to receive some of the green receipts? Like other party is not signing and sending it intentionally, or postman makes sure he gets signature and mails it?

And another question - is clerk right about everything?

Thanks!

 

[maoliz]

Got a letter from US attorney

I filed my case (1447b) at the end of May and served US attorney the same day. Today I was surprised to receive a letter from assitant US attorney who was assigned to my case.

Basically it's a copy of NOTICE OF APPEARANCE:
*************
To the Clerk:

Please enter my appearance in the above-cpationed case as counsel for the Defendant, United States of America.

Respectfuly submitted
XXXXXX
****************
Now I have the phone number and email of this guy. Should I contact him so early or should I wait until one month before the deadline?

kabi24 , I remember you sent email to AUSA. What did you say to him?

Thanks!

 

[backues]

And another question - is clerk right about everything?

No they are not. The clerks here did not even know I have to serve AUSA. One asked me "are you sure you are filing a SSN lawsuit?" What was the SSN about? Later I found out that they thought only SSN lawsuits need to serve AUSA.

 

[Eastbayer]

Check your PM

Eastbayer,

CONTRATULATIONSSSsss...

Could you please let me know the infomation (name, phone number, email address) about DA and AUSA assigned to your case. I think the same 1447(b) case will be assigned to the same DA and AUSA. Such that I can contact with them as soon as possible to avoid delay. Thansk a lot.

syt

 

[Eastbayer]

Check your local rules

Hi guys!

Today I went to the clerk to submit certificates of service. I got all the printouts from usps.com, and only one green card.

1.The clerk refused to accept anything but green return cards. And he almost turned out the only card I have because it doesn't get signature of receiver, but only a stamp (from USCIS TSC).

2.He said he does not need a proof of service for US District attorney, and I did not need to serve him.

My question is - is it possible not to receive some of the green receipts? Like other party is not signing and sending it intentionally, or postman makes sure he gets signature and mails it?

And another question - is clerk right about everything?

Thanks!

You can check your local rules. I remember one has 120 days to serve the defendants, which means you are not in a hurry to file your proof of service. As you may have seen the successful cases here, most of them were dismissed without going to court---no more need of the receipts!

I have never received the green return receipt from FBI, and the one from USCIS in Washington only has a stamp, no signature. I mailed the proof of serive, instead of filing in person. It was entered into the system by the Clerk's office anyway. I suspect not everyone working in the Clerk's office knows exactly about all the rules. The one I talked did not even know which category 1447(b) cases belong to.

Good luck.

 

[milashka]

Hi guys!

Today I went to the clerk to submit certificates of service. I got all the printouts from usps.com, and only one green card.

1.The clerk refused to accept anything but green return cards. And he almost turned out the only card I have because it doesn't get signature of receiver, but only a stamp (from USCIS TSC).

2.He said he does not need a proof of service for US District attorney, and I did not need to serve him.
Did you call a supervisor? In my case when clerk didnt have any ideas what to do with my petition she called her supervisor and after that everything was fine.
My question is - is it possible not to receive some of the green receipts? Like other party is not signing and sending it intentionally, or postman makes sure he gets signature and mails it?

I am still waiting my return green cards and hoping to file USPS confirmation letters as soon as the mail will be delivered. Hopefully the clerk excepts this kind of proof. And another question - is clerk right about everything?
This clerk unfortunately knows little about 1447(b) type of case. You have to file proof of service from US Att. of District Office. I did it and the clerk didnt have any problems with it. On next working day my proof of service was electronicly filed on PACER.
Thanks!

 

[mohamedmohamed]

it is final now

i just got back from work, opned my mailbox, to find a letter fromt the uscis district office saying that, my i 485 have been apporoved and that i have been adimitted as a permenent residence to the United States since JUn 12 2006.
again i would liek to thank everyone for their help and support, without this forume it would have never happened, i wish good luck to the ones thata are still waiting, and am sure they will get through it, if i did, any one else will.

 

[buggin]

Congratulations!!!

i just got back from work, opned my mailbox, to find a letter fromt the uscis district office saying that, my i 485 have been apporoved and that i have been adimitted as a permenent residence to the United States since JUn 12 2006.
again i would liek to thank everyone for their help and support, without this forume it would have never happened, i wish good luck to the ones thata are still waiting, and am sure they will get through it, if i did, any one else will.

Mahamedmohamed, you did it! Wow! Cogratulations with the victory. I know your journey is not over yet (as you mentioned you are going to try to apply for naturalization right away), but you are half-way there. Wish you the best.

 

[mohamedmohamed]

Mahamedmohamed, you did it! Wow! Cogratulations with the victory. I know your journey is not over yet (as you mentioned you are going to try to apply for naturalization right away), but you are half-way there. Wish you the best.

thank you, the worst part is over, at least am a permenent resdent after 3 years wait, thanks again, good luck to you too

 

[buggin]

Hi guys!

Today I went to the clerk to submit certificates of service. I got all the printouts from usps.com, and only one green card.

1.The clerk refused to accept anything but green return cards. And he almost turned out the only card I have because it doesn't get signature of receiver, but only a stamp (from USCIS TSC).

In my case, I mailed printouts from the USPS web site, and they were accepted by the clerk. In N CA district, the local rules say that you can serve by "registered or certified mail". It doesn't say "certified mail with return receipts." Check your court's local rules or Pro Se Handbook.
I just mailed the packages to defendants by certified mail, I didn't request signature receipts (I didn't want to pay additional $3.50 for each of them).

2.He said he does not need a proof of service for US District attorney, and I did not need to serve him.

He is wrong. This is the most important proof of service you need to get your case going. Again, in my district, the rule says that the 60-day period (for the defendants to file their answer to my complaint) starts the next day after the US Atty is served. Once again check the rules for your court.

My question is - is it possible not to receive some of the green receipts? Like other party is not signing and sending it intentionally, or postman makes sure he gets signature and mails it?

This is not only possible but happens all the time. A lot of people post here that they never get all green signature cards.

And another question - is clerk right about everything?

My experience is the seasoned/experienced clerks are very good at what they do. However, there is always someone who has no clue (like USCIS employees, for example). So, don't let them get you confused. Study the court rules and point them to the clerk or see if you can speak to a different clerk.

 

[xu111]

A bunch of congrats

Wonderful and encouraging news! You are the man!

i just got back from work, opned my mailbox, to find a letter fromt the uscis district office saying that, my i 485 have been apporoved and that i have been adimitted as a permenent residence to the United States since JUn 12 2006.
again i would liek to thank everyone for their help and support, without this forume it would have never happened, i wish good luck to the ones thata are still waiting, and am sure they will get through it, if i did, any one else will.

 

[cajack]

Hello:

I am from china as well. I stuck the name check since my citizenship interview on 4/20. Keep us posted for you case. I am considering to sue them as well. It is just wrong to make us waiting endlessly. As I know some popular chinese name takes a long time to get cleared. But I have a friend her last name is wu, which is a very popular chinese last name. She got the whole process done within 4 months. So who knows what they are doing on the name check issue.

Wonderful and encouraging news! You are the man!

 

[Balto]

gzmbk1, here is what I did.

Have a quick questions
Today I found out that all the defendants have been served.
I've got 2 green slips on the mail still waiting for 4.
Now I've noticed that some of you didn't wait for the green slips and sent out a print out of the tracking number from the usps.

My question is the print out acceptable in all states? In the MD return of service instructions, it tells you to send out that green slips and form to the district court.

I've also noticed some people sending a copy of the return of service to the US attorney. Is that necessary?
I cannot see any reference in the instructions that you have to send out to the US attorney a copy of the return of service.

Thanks alot

I went to the post office and asked for the print out from their intranet, the difference is your own print out from USPS website only shows the status of the mail, but post office print out also contain the name of the person who received the mail as well as the date and time it was delivered. By the time I file proof of service I too only had 2 green cards, the other 4 were from USPS print out. I did hand deliver a copy of the proof with the court stamped date and time to the USA's office while I was in Baltimore, I figured whay the heck, they are steps away from the court and I want the USA to know that all defendents are served, not just from PACER or whatever, but also from the plaintiff. Ralphy posted his experience a while ago, it seems MD cases are moving slow

Hope this helps. Keep up posted.

Balto

 

[Balto]

MohamedX2, congratz,

and you still owe me info for Maryland cases that you promised me to find (Kidding)

Good luck on your new fight with the USCIS for the lost 3 years due to their diligent work on processing your I-485.

Once again, congratz! I was away for 30 hours and this thread grow 8 pages longer!

Balto

 

[gzmbk1]

I went to the post office and asked for the print out from their intranet, the difference is your own print out from USPS website only shows the status of the mail, but post office print out also contain the name of the person who received the mail as well as the date and time it was delivered. By the time I file proof of service I too only had 2 green cards, the other 4 were from USPS print out. I did hand deliver a copy of the proof with the court stamped date and time to the USA's office while I was in Baltimore, I figured whay the heck, they are steps away from the court and I want the USA to know that all defendents are served, not just from PACER or whatever, but also from the plaintiff. Ralphy posted his experience a while ago, it seems MD cases are moving slow

Hope this helps. Keep up posted.

Balto

I hope not too slow. At least is good to know that they have to answer within 60 days. unlike the INS just telling to wait unlimited time.