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

IreneB said:
Thank you!

I don't see anywhere its saying "copies of all summonses + 2 copies of complain" to Attorney General,

Only a copy of the summons + copy of complain to each of the 5 defendants ..
1- Att Gen.
2- Emilio Gonz
3- Rob Mueller
4- Michael Chertoff
5- USCIS State District Office Director

Maybe NJ is diffferent than MA

good luck anyway..

LovingUSA
 
Bushmaster said:
Not to change the subject or anything, I am kind of upset that one military post's JAG office turned me down today. Simply they didn't know what I was talking about and they told me to deal with it.

Now one of my superiors wants me to prepare the lawsuit myself. That is the problem, I don't want to mess something, I have never done anything like this before, there is so much information, I don't have the time to sift through some 8.000 posts, I am just so frustrated. I have 20 days until the 120-day wait is up.

Hi, Bushmaster

Don't feel frustrated. Don't be scared! I suggest you sit down start read this thread from the first post when you have time. After reading first 20-60 pages, you will have a clear picture about how to deal with. Be prepare to stand up and fight for yourself! Two months ago I also know nothing about the lawsuit.
 
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olegb said:
Mr LA,

Could you please update your lawsuite progress? I am planning to file one myself. Thanks

Hello Olegb, and all

I been calling the U.S Attorney once a week, and still nothing, he is still waiting for the USCIS and the FBI. I have decided to stop calling him and do everything by Emails to have record for it. Now I am doing and preparing my self to meet with the judge on Nov 20th, you may say I am ready for it too.

I wish you all and my self the best….

Ps,
If someone like a criminal, get out of jail yesterday, and walk to FedEx today, or any store that is doing business with the airports, their name get clear between 2-5 days ….. Isn’t that funny ……..
 
Mr LA said:
Hello Olegb, and all

I been calling the U.S Attorney once a week, and still nothing, he is still waiting for the USCIS and the FBI. I have decided to stop calling him and do everything by Emails to have record for it. Now I am doing and preparing my self to meet with the judge on Nov 20th, you may say I am ready for it too.

I wish you all and my self the best….

Ps,
If someone like a criminal, get out of jail yesterday, and walk to FedEx today, or any store that is doing business with the airports, their name get clear between 2-5 days ….. Isn’t that funny ……..

It is funny and radicilous
 
S. Texas District

bashar82 said:
There is a good chance that an appeal would work. There is the 9th circuit decision and several district court decisions that specifically state that the courts have jurisdiction and when the 120-period starts/ends.

However, I would recommend that anyone who appeals hire an attorney. An appeal is not based on the subject matter on the case itself (your naturalization application) but on the legalities on which your judge made his decision in the district court.

Unfortunately in your case, even if you make win the appeal, your case will be sent to the same judge to hear the case. In this case there is the possibility that he will just remand the case to USCIS once again without any specific dates. The only way this could be avoided is if your original petition only requested the judge to determine the application instead of giving him the option of remanding it.

Thanks for the advice and I actually sent it on to my attorney. This was the gist of what he told me:

The district courts in this area are only bound and affected by rulings from the 5th Circuit court of Appeals or the US Supreme Court. There has not been an appeal brought before the 5th Circuit, so the the district courts can basically do what they like at this point. Those districts within the juridisdiction of the 9th Circuit, however, have to fall under their ruling.

Furthermore, each judge in each district is king in his own courtroom. Hence our judge giving these rulings to us and other judges being more favorable. Very often, a judge is not even consistent with his own rulings, and you cannot hold him to anything. Also, the matter of receiving a judge is pretty much the luck of the draw. (Boo hoo for us).

The Immigration and Naturalization Act itself gives the judge the leeway to remand cases back to USCIS if he chooses - it has nothing to do with the way you may or may not have worded your case when you filed it.

Personally, I feel that the US Attorney here is also strongly motivated against these cases, and that plays into the problems we are facing.

It has truly opened my eyes to how uneven the justice system is. We all like to believe that the good guys will win every time, but when you have judges and prosecutors with personal feelings and agendas in cases like this, you are completely at their mercy. If we lived in a different part of the country, we most likely would not be facing this uphill battle. That is a pretty sobering thought. :(
 
Mr LA said:
Hello Olegb, and all

I been calling the U.S Attorney once a week, and still nothing, he is still waiting for the USCIS and the FBI. I have decided to stop calling him and do everything by Emails to have record for it. Now I am doing and preparing my self to meet with the judge on Nov 20th, you may say I am ready for it too.

I wish you all and my self the best….

Ps,
If someone like a criminal, get out of jail yesterday, and walk to FedEx today, or any store that is doing business with the airports, their name get clear between 2-5 days ….. Isn’t that funny ……..


Hi, Mr. LA:

I wish you best of luck. All the best!
I will file next week,

skyhigh
 
lovingusa said:
I don't see anywhere its saying "copies of all summonses + 2 copies of complain" to Attorney General,

Only a copy of the summons + copy of complain to each of the 5 defendants ..
1- Att Gen.
2- Emilio Gonz
3- Rob Mueller
4- Michael Chertoff
5- USCIS State District Office Director

Maybe NJ is diffferent than MA

good luck anyway..

LovingUSA

The clerk in District Court gave me "Instructions for making service on U.S. Government Agency". It says "Mail TWO COPY (it actually says ONE, crossed and corrected to TWO) of complaint and summons to the Attorney General".
 
Only three weekdays left, no information.

It seems I have a bad luck again. I served summon on Aug 4. I called the state attorney office at the beginning of this month, the attorney said she has 60 days to deal with my case, she did contact CSI and etc, she will let me know if there is any change. Since then, I have not got any information. I plan to call her next week to see what happens.
I am a little stressful right now. I don't know how long I have to fight for my case. I am a full time student and full time new mom. I am not sure how long I can hold on there.

What should I do next if she doesn't answer my case. Thanks.
 
Need Solution!!!

needsolution said:
After filling petition for a hearing under 8 USC 1447b;
Does anyone have any suggestions on how to expedite IBIS check in case of a hit?
Dear NeedSolution,

I have read your question quite many times... though I am not 1447/natz filer... but the knowledge I have gained from this forum and reading other cases is that you can just name the whole thing of IBIS/name check/fingerprints etc as background checks... You can just refer it to as the back ground check to be completed as it is USCIS's responsibility to ask FBI to complete these background checks with or without offering their own (USCIS) help. I would consider this if I was a pro se... but if you are going thru a lawyer, your lawyers should be able to explain or come up with more concrete solution to your question... I am sorry I am not much of help in this case...
 
Please, be patient...

Bushmaster said:
Not to change the subject or anything, I am kind of upset that one military post's JAG office turned me down today. Simply they didn't know what I was talking about and they told me to deal with it.

Now one of my superiors wants me to prepare the lawsuit myself. That is the problem, I don't want to mess something, I have never done anything like this before, there is so much information, I don't have the time to sift through some 8.000 posts, I am just so frustrated. I have 20 days until the 120-day wait is up.
Dear friend Mr. BushMaster,

I would suggest reading the first 15-20 pages of this forum... please don't loose your sleep to be prepared... you will NOT regret it... be prepared and not make any mistakes in front of judge in your complaint and answers to motions gives better impression to the judge... and especially when your case is 1447b... this forum is full of tons of successful cases and almost every one has shared their filed complaints... you can use any one of them according to your needs and requirements... and don't worry... you will get your case faster than anyone here because judge would know that you are risking your lofe for this country and you are mistreated y these sick and slow @#$%^&* people... just prepare yourself... do some home work and prepare your complaint to file with your Federal Court... trust me I am telling you this from my personal experience... just be patient for 2/3 more days and prepare yourself with cases shared on this forum.

and Good Luck...
 
One more victory for WOM (AOS)

Dear all,

I am a new face here but I am already one of the beneficiaries of this forum. Both I and my spouse got the GC ordered email on 09/26, got the approval notice mailed email on 09/27 and received the approved notice on 09/30. We filed WOM together on 08/29.

First of all I would thank this wonderful forum and all the friends around here for sharing the courage, the lawsuit knowledge and the experience. Special thanks to the big heroes in this forum, Publicus, Rahul, Suzy, Mohamedmohamed et al, start and provide the great idea here including the details of each steps to make the happiness for themselves and in the mean time to pass the happiness to more and more peoples and families. Also many thanks to Haddy, Mr. LA, Buggin… for contributing and sharing more information and experience in this forum. Haddy and Mr. LA are probably still on the fighting road, I wish you two all the best to hear your victory news very soon. I pay my highest respect to all of your spirit fighting for your rights! Without all of these, I with my spouse would be still in the indefinitely waiting.

I would like to share my experience here, just want to give some feelings and signals to anyone who is thinking or preparing lawsuit recently. Here is my timeline and maybe some people are interested in it:

03/04: I-140 filed at USCIS CSC based on Eb1, GC application journey start
12/04: I-140 approved
01/05: I-485 filed at USCIS CSC together with my spouse
03/05: Code 3 FP taken at local USCIS ASC (both I and my spouse)
04/05: USCIS received FP results, I-485 cases online information LUD change (both I and my spouse)
05/06: PD became to the current
08/28/06: Infopass at DO before lawsuit, no any new information as usual. But got confirmed my and my spouse’s name checks are still pending and both cases are still in CSC.
On the same day went to the Court show the prefilled documents to the clerk to get the right format and also ask some questions about the process.

08/29/06: Joint WOM filed in USDC Centr. Distr. of CA together with spouse. After about 20 mins waiting, clerk gave us the stamped summons and complaints.

09/05/06: Compliant & Summons mailed to 5 defendants and DA by priority, certified mail with return receipt.

Here is the detail
Person served----C & S Mailed----C & S Delivered----Return receipt received
US Attorney General----09/05/06----09/10/06----09/15/06
Secretary of the DHS----09/05/06----09/11/06----09/28/06
Director of USCIS, DHS----09/05/06----09/11/06----09/16/06
Director of FBI----09/05/06----09/11/06----not yet
Acting Director of USCIS CSC----09/05/06----09/06/06----09/08/06

DA----09/05/06----09/06/06----09/08/06 (not properly served)
----09/15/06----09/18/06----09/21/06

09/06/06: Got standing order and self-representation order from Judge by email and several days later receive the same thing by mail.

09/14/06: Got a mail from a AUSA in DA office and was informed I have not properly effected service. Here I made the first mistake because I didn’t realize it must name to “Civil Process Clerk” even the address is exactly the same. Notice: the same mistake happened by several persons in this forum ( Page84: Final; Page234: Omda) at USDC Centr. Distr. Of CA . If I read this forum more careful or read more, I won’t make the same mistake. By F.R.C.P. 4(I)(1)(A), the AUSA is right. Maybe she/he was trying to buy some more time to get my matter resolved (waste 10 days), but I would think it in a good way that she try to help solve the case: notice me at the earliest time, told me what is the right name and address, suggest me also send a copy to US attorney general and mailed this by certified with return receipt. Interesting!

09/15/06: Re-mail a copy of the Complaint & the Summons to DA. And send a status inquiry email to CSC-XII.485@dhs.gov

09/18/06: Distr. US Attorney served, clock start click.

09/21/06: A response from CSC-XII.485@dhs.gov: “CSC does not accept inquiries from the general public via email”.

09/22/06: Second FP notice received and ND is 09/13/06 (both I & my spouse).

09/23/06: Proofs of service filed to the court by certified mail.

09/26/06: 8:50am Finish Code 1 FP taken at local ASC (both I & my spouse).

09/26/06: 3:45pm Got 5 emails from USCIS-SSSO and CRIS: “On September 26, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready”. (both I & my spouse)
Here I am so surprise. As I know the FP will go to FBI and then back to USCIS. They can finish it with 6 hours. Impress!

09/27/06: Got 5 emails from USCIS-SSSO and CRIS: “This case has been approved. On September 26, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours”. (both I & my spouse)

09/29/06: Approval notice (I-797) received in mail (both I & my spouse)
After your I-485 approval, your may require to provide your biometric FP (photo/FP/signature for your GC if you didn’t do either code 2 or 3 FP before.
Got a mail from the Court: my proofs of service, which I filed to the Court, returned back to me and stamped “Received but Not filed”. Here I made the second mistake due to forget put extra one copy for Judge. Notice: when you file any documents to the Court, file Original plus a Copy to the Court (depends on your local rule), send a copy to DA and make another copy for yourself.

10/01/06: Got 5 emails from USCIS-SSSO and CRIS: “On October 1, 2006, the card order was completed and we mailed the applicant's new card directly to him or her. If 30 days have passed and you have not received this card, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283”. (both I & my spouse)

10/02/06: GC ( I-551) received in mail. (both I & my spouse)


Till now I have not contact DA yet and also have not hear anything from him/her yet. There are two points I would like to mention here for my case: I feel (1) file the joint WOM help my spouse's name check clearance and got approval at the same time with me; (2) at least there is one complaint I served works, i.e. the one I served to the acting director of USCIS CSC.
Now I have only one thing left, i.e. to dismiss my case.

Maybe there is a little luck in our case and probably our name check almost near to the final stage when i filed WOS. But you still can see from my timeline how fast the USCIS can work with if they have to. Thanks again for all of you who post the introductions, questions, discussions and answering in this forum. I do learn a lot from all the great posts from you guys.

Good Luck to all the friends! You will be the next! :)
 
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pineyan3 said:
Finally, 5 days before the deadline, the US attorney answered my complaint. Basically he tried to convice the court that the case should be dismissed. I was going to file a response right away, so I called the pro se office to ask about the time line. Then I was told that actually I should not do anything yet at this moment. The judge will review his answer and decide what to do. Now, I have to wait :( . I am so ready for this fight. There is one thing though I am not sure. The attorney listed 11 defenses in his answer, if I file an response to that, what kind of format should I follow? Should I reply to each defense or just write up a summary? Anyone kind enough to share experiences?
BTW, aka808, did you hear anything from the US attorney?
Dear Pineyan3,

I am not a lawyer but you should file an answer "Motion in Repsonse to Dismiss by Defendants". That is my personal idea, your decision is final. You can always post a format of your answer here and have feedbacks from us. One point of view is) I think judge would like to see your response supporting why your case should not be dismissed. Second Point of View is that) Judge does not need your answer as your complaint is filed on the first place because you want this court to decide your case. But my experience on this forum is that when ever a Motion to Dismiss was filed every one has filed response Motion to deny to Dismiss your complaint. Isn't this we are here to prove that USCIS is administratively failing and irresponsibly delaying our cases and processing 98% of cases without unreasonable delays?

I am sure our other friends on this forum will give you more of their point of views... and in the end the decision is yous... but we are with you no matter what you decide...

GOOD LUCK!!!
 
thank you for the advice

Haddy said:
Dear Pineyan3,

I am not a lawyer but you should file an answer "Motion in Repsonse to Dismiss by Defendants". That is my personal idea, your decision is final. You can always post a format of your answer here and have feedbacks from us. One point of view is) I think judge would like to see your response supporting why your case should not be dismissed. Second Point of View is that) Judge does not need your answer as your complaint is filed on the first place because you want this court to decide your case. But my experience on this forum is that when ever a Motion to Dismiss was filed every one has filed response Motion to deny to Dismiss your complaint. Isn't this we are here to prove that USCIS is administratively failing and irresponsibly delaying our cases and processing 98% of cases without unreasonable delays?

I am sure our other friends on this forum will give you more of their point of views... and in the end the decision is yous... but we are with you no matter what you decide...

GOOD LUCK!!!

Thank you so much, Haddy. I am actually writing up the reponse against the attorney's answer. You are right, I am not going to let the people who made me suffer for so long tear this case apart. I have a gut feeling that I probably will need to respond to his answer later on.
Since that is his answer to my complaint, not a motion yet, I have to check with the local court office to make sure that I am following the right procedure to address his answer. If it is not done properly, the court can strike it. I think the reason the attorney filed an answer, not a motion yet, is that the judge asked for an answer, and she does not allow motion to be filed without a meeting first. I am learning all these while I am fighting for my case. Actually, I do not understand one line of defense in the attorney's answer, he stated that "plaintiffs have not effected proper service of process upon defendants". What does that suppose to mean? Did I do something wrong when I served the summons upon the defendants? I mailed the summons by certified mail plus return receipt. I just do not get it.
BTW, anyone in SDNY has similar experience? aka808, is your case resolved or are you still waiting? Good luck to you all.
 
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1447b in Detroit (Eastern District of Michigan)

Hi All, I am new to this forum and was wondering if anybody has filed any 1447b case in Eastern District of Michigan (Detroit). My 120 days are going to be completed on Oct 22 and i am considering filing 1447b on Oct 31. I searched pacer and couldn't find any 1447b case in eastern district of michigan.
 
Congratulations!!!

happyball said:
Hi, All,

As i mentioned in my last post, I with my husband filed a WOM together in U. S. D. C. Centr. Distr. of California at LA.

I did some wrong with the proof of service filed to the Court. Because today the Court return all the proof of service documents back to me and stamped "Received but not filed". There is a Judge's notice inside, it seems the discrepancies exist noted is "No copy provided for judge by Local Rule 11-4.1" and I also need notify DA this document have not been filed with the Court.

I think my problem is that I attached the copies of certified receipt and return receipt not the original one to proof of service. But I cannot 100% make sure about this and need you guys to comfirm me. I mailed the complaint and summons to 5 defendants and District US attorney by certified mail with return receipt. Till now I got 5 return receipts back except the one send to FBI.

To file the right proof of service document to the USDC Centr. Disrt. of CA, I need fill 6 proofs of service and I can sign my name at person serving (due to sereved by certified with return receipt). And each proof of service need attach the orginal certified receipt and the orginal return receipt or the print out delivery information from USPS. That's all, am I right?

Two more questions here:
1. I with my husband got "On September 27, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready" emails on 09/27. I want to know when we should recieve the green cards after this notice. If it wil be long time waiting, whether we can request USCIS mail the GC to us before we dismissing the case?

2. Because today I and my husband recieved the approval notice, whether it is necessary to refile the proof of service to the Court?


Thanks in advance!
Cingratulations HappyBall,

I would suggest to make 2 copies of your receipts and file 2 sets of your paperwork... I never filed any originals for the judge. I know we are suppose to file one extra copy for the honorable judge. One copy is used for court filing and records and the other one is used for judge's record and view. you can still file these receipts and in the mean while wait for the original green card... again choice is yours... or you can dismiss the complaint on bases of receiving approval notice... and if you don't receive the physical green card (I-151) you can file again... like I always say I am not a lawyer... but I will like many others will support you in your decision...

And thank you for mentioning my name in your post here... I think you meant Haddy not Hardy... May I am feeling good on behalf of someone else (Hardy)... :D

Good Luck and keep us posted.

PS: Please check your 'private' message. ;)
 
happyball said:
I think my problem is that I attached the copies of certified receipt and return receipt not the original one to proof of service. But I cannot 100% make sure about this and need you guys to comfirm me. I mailed the complaint and summons to 5 defendants and District US attorney by certified mail with return receipt. Till now I got 5 return receipts back except the one send to FBI.

To file the right proof of service document to the USDC Centr. Disrt. of CA, I need fill 6 proofs of service and I can sign my name at person serving (due to sereved by certified with return receipt). And each proof of service need attach the orginal certified receipt and the orginal return receipt or the print out delivery information from USPS. That's all, am I right?

Hi, all! I am also in the middle of filing my proof of service. Do I need to wait for the return receipts? I though certified mail receipts were enough.
Does anyone have an example of how to fill out that RETURN OF SERVICE form? Especially someone in MA?

Also, do I need to send the copies of Return of Service to U.S. Attorney?

Thanks!
 
Again small update:

I e-mailed AUSA, just a small e-mail introducing myself and letting her know that I'll be glad to asnwer any questions and hope for any info on my case.
She e-mailed me back , reminded that goverment has 60 days for response and told that she should check on the status of my application and have more info before the end of 60 days period.

I rec-ve 3 letters today:
1) Finaly letter on my FOIPA request - No records, I do not know if I should just hold it for now, or add it to the list of evidence
2) Show Cause order - Order from judge that orders defendants to show cause within 30 days why the ct should not grant me application of naturalization by the autorization of INA
Defendants should respond to this order with a written pleading that states:
1) all reason that Planfitt's naturalization application has not been approved
2) all reasons that the ct should not approve the application immediately
3) a proposed plan for promptly deciding Plaitiff's naturalization application

3) letter from USCIA asking to come for 2nd fingerprints on 10/17/06

I'm glad that things start moving, will see what will happen next.
Again thank you all for help and support, I'm glad I found this forum!
 
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Hi

Please bear with me

My husband recently passed away. My husband was the petitioner for my son and in Oct 05 we heard son had aged out of cspa

We were about to challenge the decision when husband became terminal and died withing less than 2 weeks

I am being told different things by attornies, some say case dies with husband, some say I can take over the petition and sue the USCIS/DOS

The 1-800 number told me both eg, technically case died with husband but that does not stop anyone sueing us , so sue !

But who to sue??

My current attorney say USCIS because they denied (in error) the first I 824 for son and so indirectly we would be suing the dos. Attorney said neither son or myself can sue the DOS

I am confused, does the above sound correct ??

The VO said son aged out but other attorneys say he has not, now husband died, in such a mess

Does anyone know about the other CSPA cases, eg who was sued, ???

I hope someone understands what I am saying and not confused by what I have said

Have set up help group before husband died www.expatsvoice.org to try and help others as there is no commpassionate visa for my son to extend a visa waiver and stay longer


Son had to leave US otherwise would be illegal, congressmand said go and get B visa He sent e-mail of support to American consulate in home country.

Even though son took death certificate, doctors letter about my health and also stating once son had helped me with probate Son and myself would need to return to home country for probate there also. ( Proof of return to home country) Letter of employment proof of paying all utilitiy bills, this visa was denied as son could not #Show strong family ties to home country#


Please advise if you can, I am so depressed
Regards
 
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