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

How many copies of Return of Service?

Since in most of our cases number of defendants is 4 to 5, I was just wondering if I have to submit one return of service for each of the defendant? In the format as provided by court, there is no way to make a distinction as to which applies to which defendant. So, they will be mere copies of each other unless I have served the defendants on different dates.

Here is what I plan to do. Pls let me know if that will be acceptable:

1. Submit the certificate of service - This will state factual information in legal format

2. Attach the return of service (single sheet)

3. Attach the delivery confirmation from usps.com; one for each defendant and one for US attorney

4. Attach the respective copy of the certified mail receipts to above delivery confirmations

Pretty much same as the attached document except multiple return of service.
 
dear boston-case,

can you educatemy what are the mailing addresses
for the Boston court and US attorney.

I guess I need mail the return-service to them.

regards and congrats!

boston_case said:
Hi Rob,
After you file the case in the Boston Federal court, you can serve US attorney the same day by hand (9th floor)
Then send the copy of summons+ complaint+exhibits to defs via certified mail return receipt. After you get the return receipt (I got only from Boston district office and Attorney General's office) but you can use printouts from tracking page from usps.com and once all the defs are served file the return of service with the court and send a copy to us attorney.

Hope this helps
Click to expand...
 
Just filed 1447 b

Hi I am new and this forum has lots of info.
I just filed my compliant in District court in S. Texas
but instead of charging me $350 for a civil suit they
categorized it as a miscellaneous case which cost only $39
and was told I
did not have to serve a summon to the defendants?
The procedure has changed for naturalization suits.
I will serve the US Attorney but can I skip the rest?
Any one have with same info would be helpful.

thanks
 
Congratulations!!!

Congratulations Boston Case and Apply in Denver...

Great Success... We are very proud of you...
 
Got Notice of Appearance

Hi
Just keeping updates on my case, in case somebody wants to see how the process go. Please see signature for exact days.
Any suggestins on how to respond or establish contact with AUSA after getting Notice of Appearance?
 
Last edited by a moderator:
Question

I have a question for those people who have their cases stuck in green card delays due to name check process... whether you have filed the writ of mandamus or whether not or whether have been granted the adjustment of status already...

Please, this is very important so really need you help...

Do you know any case or cases where a plaintiff (with or without a lawyer) filed a Writ of Mandamus Complaint with court againt USCIS delay in adjustment of status due to name check delays... and the judge granted the order in his/her judgement in favor of the Plaintiff? I mean the real judgment we all see USCIS processing the name chacks and green cards before the judge's judgement... I am not talking about thee cases...

I am talking about cases where Judges really granted the Plaintiffs the order in favor of their complaint... Can you please give me 3 examples like cases numbers district courts where they were filed or the names...

I like to know in these three cases what was the wait of each Plaintiff... Meaning I am really looking for cases where Plaintiffs were waiting for 2 years after filing their applications and they had to file a Mandamus complaint with the court and they got real judgment from a JUDGE granting judgment in these Plaintiffs' favor...

I will really appreciate you help !!!

A Frind in Need... :eek:
 
rob waiter said:
I filed my case in Boston today. The clerks were very friendly and helpful.
Served the USD attorney the same day.

Will mail out the summons to 5 parties tomorrow.
Click to expand...


Hi Rob,

I am considering to file a case too since I have been stuck in FBI name check for I-485 for 3 years.

But I almost know nothing and need a lot of information. Please share your experience, thank you very much!

May I ask you two questions:

1.You filled your case in Boston. Did you file the case by mail or by person?

2. You said "The clerks were very friendly and helpful." How did you contact the clerk? You called him/her or meet him/her in person?

Thank you!

Ann
 
I wil be happy to answer your question since I have benefitted so much
from this thread.

first, I am filing the suit for the N-400 naturalization, which is very straightforward as the 120 statutory days were set by the law.
But if you believe your 485 is a very strong case, you just go for it!

regarding your 2 qs,
1. I went to the court in person.
2. I met the clerks through the wondow. But she was very nice to
a naive pro se filer like I am.

best of luck


ann2006 said:
Hi Rob,

I am considering to file a case too since I have been stuck in FBI name check for I-485 for 3 years.

But I almost know nothing and need a lot of information. Please share your experience, thank you very much!

May I ask you two questions:

1.You filled your case in Boston. Did you file the case by mail or by person?

2. You said "The clerks were very friendly and helpful." How did you contact the clerk? You called him/her or meet him/her in person?

Thank you!

Ann
Click to expand...
 
Thank you all for the support, hope this is it!

annat said:
Hi
Just keeping updates on my case, in case somebody wants to see how the process go. Please see signature for exact days.
Any suggestins on how to respond or establish contact with AUSA after getting Notice of Appearance?
Click to expand...

The AUSA also filed a Notice of Appearance in my case. It has all the contact information and I called her one day before the hearing, and basically introduced myself to her and then talked about the case briefly, she even told me how she is going to respond to the court. We also chatted about 10 - 15 min before the hearing in the court room. I think the 2 parties suppose to exchange information before the hearing.

Good Luck.
 
ApplyInDenver said:
Congradulations Emta, you deserve it :p

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled :)

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!
Click to expand...

OH MY GOD
This is awesome. congratulations. I wish the text of this conversation can be broadcasted on TV and sent to every immigration and FBI officer to reminde them that just because we are immigrants does not mean we have no rights or that we are stupid and helpless. I am sure everyone on this forum is proud of you, way to go.
 
denver, you did it. The best court ruling I have ever seen.

ApplyInDenver said:
Congradulations Emta, you deserve it :p

On a second note, just update my status with my hearing this morning.
I got to the court early, and chatted with the AUSA, and she was really nice.

When the court session starts, we first introduced ourselfs to the judge.
Then the judge ask the AUSA if she has new status to report.

AUSA : "yes, USCIS has sent an expedite request on 09/13, and it's right now in the hands of FBI, and the FBI has to do all the name check because ... "
JUDGE: "I am tired of these goverment agencies making excuses, isn't there a statutory requirement to get this finished in 120 days?"
AUSA : " yes, but there is another statue requiring USCIS finish the security check first."
JUDGE: "Why should I resolve the conflicting laws here, go back have the congress fix the law."
JUDGE: "The USCIS need to finish their process by Oct. 15th!"
AUSA : (in supprise) "Is this an order?"
JUDGE: "Yes."
AUSA : "FBI process or the naturalization process."
JUDGE: "Naturalization process, isn't it this law suit all about?"
AUSA : "Do you want me to prepare the order."
JUDGE: "Yes, since you can see, he is a Pro Se"

Then the judge talk to me,
JUDGE: "I do have one question for you. Looks like you had some legal help with this, did you do this yourself."
ME : " Yes, their is a Forum on the internet and we shared all the formation and getting advice from each other."
JUDGE smiled :)

So the hearing last about 15 mins, and after we left the court room, the AUSA congradulated me, and told me this is the first time judge actually ruled, and she will go back tell the defendants. She also mention that the defendants might appeal.

I filed my law suit on 09/01, and served AUSA on 09/05.
The AUSA has till 11/06 to answer BUT the judge ruled to finish by 10/15!
Click to expand...
 
Thanks

Haddy said:
Congratulations Boston Case and Apply in Denver...

Great Success... We are very proud of you...
Click to expand...

thank you Haddy,

I am not a WOM filer but 1447b one, but maybe you can research some of the cases here if you have not done so already.
http://www.ailf.org/lac/lac_pa_081505.pdf

I was using their advice for the 1447(b) cases and seems they have something for every step of the way.

Good luck.

P.S

your private message is over the limit :)
 
case judge ordered

Hope this helps and best of luck!
Haddy said:
I have a question for those people who have their cases stuck in green card delays due to name check process... whether you have filed the writ of mandamus or whether not or whether have been granted the adjustment of status already...

:eek:
Click to expand...
 
rob waiter said:
b-case,

you are a great person. I went for info pass the other day. The officer
sincerely hinted that the only way to solve the issue is "thru a legal route".
so I try to go to waterfront today.
Click to expand...

Same thing happened to me rob. I spoke with a nice lady when I called the USCIS 800 number. She says to think about the 120 day post-interview (she adds you know what I mean....). She was clearly giving me a hint about law suit. I was really depressed when I called. Nothing was going well that day (family, work, Natz delay....). I think I was almost crying on the phone. She felt bad and that's the advice she gave.
 
filing return-service

rob waiter said:
dear boston-case,

can you educatemy what are the mailing addresses
for the Boston court and US attorney.

I guess I need mail the return-service to them.

regards and congrats!
Click to expand...

Rob,
If you see your case number, it should be ending with 3 (may be 4) alphabets. Those 3 alphabets stand for the name of the judge to whom your case has been assigned. You can get the name of the judge from the Boston District court's directory (link http://www.mad.uscourts.gov/Common/phonelistpublic.PDF)

Send return-service directly to the judge
address: U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, MA 02210

In the meanwhile call Boston's US attorney office (ph# (617) 748-3100)
Tell them your case number as ask which Assistant US attorney has been assigned to your case. Ask his name, ph# and email.
Send a copy directly to that assistant US attorney.
address: United States Courthouse, Suite 9200
1 Courthouse Way
Boston, MA 02210

Hope this helps.

All the best. I still have some faith left in the judicial system of this country.

I would also like to thank everybody who congratulated on my approval.
 
Should I keep calling the DA?

I filed my case at the end of July, and the Judge ordered on Aug 17 that he defendants should respond within 45 calendar days, which is coming up next week. I left the DA two msgs, and he never called me back. I won't be surprised if they ask for an extension, but I am not sure when they will start contact me. To those with similar experiences, when does the DA usually let you know they want the extension, like a couple weeks or just days before the deadline? Thank you so much.
 
b-c,

Thanks so much!
I am now going to the post-office to mail out the summons.
will keep my exp posted!

I truly felt lucky that I knew this forum (actually this thread) with so
many kindhearted people like you.

rob

[
QUOTE=boston_case]Rob,
If you see your case number, it should be ending with 3 (may be 4) alphabets. Those 3 alphabets stand for the name of the judge to whom your case has been assigned. You can get the name of the judge from the Boston District court's directory (link http://www.mad.uscourts.gov/Common/phonelistpublic.PDF)

Send return-service directly to the judge
address: U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, MA 02210

In the meanwhile call Boston's US attorney office (ph# (617) 748-3100)
Tell them your case number as ask which Assistant US attorney has been assigned to your case. Ask his name, ph# and email.
Send a copy directly to that assistant US attorney.
address: United States Courthouse, Suite 9200
1 Courthouse Way
Boston, MA 02210

Hope this helps.

All the best. I still have some faith left in the judicial system of this country.

I would also like to thank everybody who congratulated on my approval.[/QUOTE]
 
skyhigh7 said:
Hi, my 120 day is up on Oct 9th, but I have planned vacation beforehand from Oct 21 to Nov. 7th. What do you guys think I should file on Oct 9th? or wait till come back from vacation and file on Nov 8th? I dont want to give USCIS any more time, in the meantime however, I am afraid the 20 day or so days while I am on vacation, something may happen. What is your guys experience/advice? Usually government is given 60days. Looks like to me I can file on Oct 9th. Please share. Thanks.

Skyhigh
Click to expand...

Hello sky
Everyday u file late is account against you that is what I think

Wish you the best.
 
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