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

Civil cover page (NJ) questions

For Item I: I'm filing pro se - shall I leave I(c) empty or say something like Pro Se? Also, what's the county of residence of Michael Chertoff, Secretary of DHS?

For item II, I guess I should use "U. S. Government Defendant"

For item III, should I skip?

For item IV, I guess 890 is the NATURE OF SUIT

For item V, I guess this will be an "Original Proceeding"?

For item VI: CAUSE OF ACTION, what do I choose?

For item VII: I guess sould skip?

Signature of attorney of record - should I sign myself as am filing pro se?

Thanks for any comments you guys can have...
 
See answers below

icare said:
For Item I: I'm filing pro se - shall I leave I(c) empty or say something like Pro Se? Also, what's the county of residence of Michael Chertoff, Secretary of DHS?

State Pro Se

For item II, I guess I should use "U. S. Government Defendant"

Yes typically Gonzales. et. al

For item III, should I skip?
Leave it blank the Pro se office will help you

For item IV, I guess 890 is the NATURE OF SUIT
Yes it is

For item V, I guess this will be an "Original Proceeding"?
Yes

For item VI: CAUSE OF ACTION, what do I choose?
08:1446

For item VII: I guess sould skip?
See the prose office

Signature of attorney of record - should I sign myself as am filing pro se?

Sign your name and put Pro Se

Thanks for any comments you guys can have...
Click to expand...
 
icare said:
For Item I: I'm filing pro se - shall I leave I(c) empty or say something like Pro Se? Also, what's the county of residence of Michael Chertoff, Secretary of DHS?

For item II, I guess I should use "U. S. Government Defendant"

For item III, should I skip?

For item IV, I guess 890 is the NATURE OF SUIT

For item V, I guess this will be an "Original Proceeding"?

For item VI: CAUSE OF ACTION, what do I choose?

For item VII: I guess sould skip?

Signature of attorney of record - should I sign myself as am filing pro se?

Thanks for any comments you guys can have...
Click to expand...


Hi icare,

I (c): put "Pro Se" and your address and phone number
with the county of Michael Chertoff I also didn't know the answer so I put as first defendant, the Detroit District director (that's where my case is pending) and the official county of residence is Wayne County.

II - V correct
VI top line: 8 U.S.C. 1447(b), 8 C.F.R. 335.2
VI bottom line: Petition for Hearing on Naturalization Application (if you are filing for this type, if you are filing for Writ of Mandamus, both lines should be different, ask somebody, who filed WOM)
VII Jury demand: NO
VIII skip
date and sign yourself

BTW, I am filing mine tomorrow.
 
How to make sure my motion to dismiss keeps my rights?

I just hanged up with the assistant US attorney, he said that my name check was cleared, and teh USCIS is now ready to adjudicate my case, however, tehy can't do so because the judge has the sole jurisdiction over my case. He requested that I dismiss my case and ask the judge to remand my case back to the USCIS so that they can adjudicate my case.
I refused to dismiss my case without a guaranteed timeframe, I proposed a 30 days timeframe that should be mentioned in the dismissal form, my US attorney basically agreed to that, but, said he cannot guarantee that the USCIS will agree to that, he said he will return to me this week after he calls them.
Do you guys have any suggestions to what language should the dismissal use inorder to keep my rights? somebody suggested the following form:

The petitioner, by and through pro se, and respondents, by and through

their attorneys of record, hereby stipulate to dismiss the above-entitled action without prejudice

because the United States Citizenship and Immigration Services intends to approve the petitioner’s

application for naturalization within ............. of the filing of this stipulation to dismiss and is scheduling an oath ceremony for the petitioner for ...........

What do you guys think of that??? any better suggestions?
 
My Details

Forgot to tell everybody what my details are:
N400 application: 11/12/2005
N400 receipt date: 11/17/2005
FP: Dec 30, 2005
Interview: 4/21/2006
Was told that my application is recommended for approval, and to expect Oath date to be set soon
Later that day: immigration officer called me and let me know that my name check is still pending
Filed 1447(b): 8/28/2006
Served US attorney: 8/28/2006
Served rest of defendants: between 8/29/06 and 9/13/2006
US attorney's answer due: 10/27/2006
US attorney called me today 10/23 with the news
 
icare said:
I am in AOS stage - case is EB-1A and I-140 was approved in Mar 05. The I-485 case was filed in September 04 and fingier print was taken in April 05.

I am in New Jersey and would like to file a WOM against the following defendants:

1. Michael Chertoff, Secretary, DHS
2. Alberto R. Gonzales, AG, US
3. Robert Divine, Acting director, USCIS
4. Paul Novak, director, VSC, USCIS

Is this about right? I am not sure about 3 still being the acting director of USCIS - can anyone confirm?

Also, trying to fill the cover sheet for now. Will have a few questions. I have written the case and now only thing to worry about is the cover page. Tomorrow morning I'll go to NJ district court in Newark to file the case. Should I expect to have the summons right back from the clerk and then serve via certified mail w/ return receipts to all the defendants + AUSA?

Please offer some suggestions if you see something wrong in this plan. This is such a great forum that without this I'd have never thought about filing a suit against the government...
Click to expand...

ICARE:
Just PMed you,

LOVINGUSA
 
hayyyoot said:
I just hanged up with the assistant US attorney, he said that my name check was cleared, and teh USCIS is now ready to adjudicate my case, however, tehy can't do so because the judge has the sole jurisdiction over my case. He requested that I dismiss my case and ask the judge to remand my case back to the USCIS so that they can adjudicate my case.
I refused to dismiss my case without a guaranteed timeframe, I proposed a 30 days timeframe that should be mentioned in the dismissal form, my US attorney basically agreed to that, but, said he cannot guarantee that the USCIS will agree to that, he said he will return to me this week after he calls them.
Do you guys have any suggestions to what language should the dismissal use inorder to keep my rights? somebody suggested the following form:

The petitioner, by and through pro se, and respondents, by and through

their attorneys of record, hereby stipulate to dismiss the above-entitled action without prejudice

because the United States Citizenship and Immigration Services intends to approve the petitioner’s

application for naturalization within ............. of the filing of this stipulation to dismiss and is scheduling an oath ceremony for the petitioner for ...........

What do you guys think of that??? any better suggestions?
Click to expand...

Hi hayyyoot! If you can negotiate with AUSA (and through him/her with USCIS) to file the motion to dismiss with this wording (30 days, even 60 days), you basically won, and more than you could realistically expect. Strictly speaking, as I stated before, you can hope a deal with USCIS that they promise you to adjudicate your case in certain number of days. Theoretically, the result can be approval or denial... Now in your case they have the background check result and they know that you are clean so it is relatively easy to promise that your case will be approved and the oath administered. So, in my opinion, if they promise (in writing) that you are approved and you will get your oath letter in xx days, take it and run. I don't think that they would change their mind, especially that the lawsuit will be dismissed without prejudice and they would look really bad if this case would go again back to the district court.
 
hayyyoot,

congrats. I think as long as you
stick to your proposed stipulation you
will be fine. I guess in all likelihood
the USCIS will be in agreement with
your stipulation.

rob

hayyyoot said:
I just hanged up with the assistant US attorney, he said that my name check was cleared, and teh USCIS is now ready to adjudicate my case, however, tehy can't do so because the judge has the sole jurisdiction over my case. He requested that I dismiss my case and ask the judge to remand my case back to the USCIS so that they can adjudicate my case.
I refused to dismiss my case without a guaranteed timeframe, I proposed a 30 days timeframe that should be mentioned in the dismissal form, my US attorney basically agreed to that, but, said he cannot guarantee that the USCIS will agree to that, he said he will return to me this week after he calls them.
Do you guys have any suggestions to what language should the dismissal use inorder to keep my rights? somebody suggested the following form:

The petitioner, by and through pro se, and respondents, by and through

their attorneys of record, hereby stipulate to dismiss the above-entitled action without prejudice

because the United States Citizenship and Immigration Services intends to approve the petitioner’s

application for naturalization within ............. of the filing of this stipulation to dismiss and is scheduling an oath ceremony for the petitioner for ...........

What do you guys think of that??? any better suggestions?
Click to expand...
 
How do I prepare the summon for AUSA?

Should I leave the TO: field empty and have the clerk fill that in when filing the case?

A trick for the AO440 forms: the defendants field is too narrow (only allow 2 lines) so I used Avery mailing labels, printed 8 lines in font size 7 on 5160 labels, and then put on the AO440 form - seems to work fine.

Also, how many copies of each of the following do I need to bring tomorrow?

1. Cover sheet
2. Complaint
3. Exhibits
4. Summons

What else do I need to take with me?

Thanks a lot guys!

icare
 
Interesting Articles

Just go through the articles; the problem is coming up in the main stream media finally........

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/10/14/MNGBU99B1B1.DTL

http://www.dailymail.com/story/News/+/2006100910/Doctor's+immigration+papers+extended/

http://www.dailymail.com/story/Opinion/+/200610053/Editorial:+End+the+backlog+in+immigration/

http://www.signonsandiego.com/news/nation/20061022-9999-1m22delays.html

http://desmoinesregister.com/apps/p...ON01/609250331/1035/OPINION&template=printart

http://www.iht.com/articles/ap/2006/10/06/america/NA_GEN_US_Soldiers_Citizenship.php

http://chronicle.com/news/article/1...gency-imperils-nih-grant-to-harvard-scientist

http://www.tennessean.com/local/archives/04/03/47963792.shtml

http://www.azcentral.com/arizonarepublic/news/articles/0626imam0622.html

Dont know what the solution is ........!!!!
 
Thanks goldspot7 for bringing up these articles. I noticed that the first article (SFGate.com) is dated 2004.
I am just wondering how can we use this to help us. As my understood, this is a so-called "nationwide class-action". Can we just file and join that lawsuit and share the benefits of the settlement, like other "business or commercial" lwasuits?

goldspot7 said:
Just go through the articles; the problem is coming up in the main stream media finally........

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/10/14/MNGBU99B1B1.DTL
Click to expand...
 
I need some help. I talked to the JAG office today and they seem to be dragging their feet also. First they made me wait until the 120 days were over, now the military lawyer I was in contact with is trying to contact some other high ranking lawyer in a different installation for the next step information. What we can do as a next step... There is no next step, it is filing the damn lawsuit.

They made it clear they can not represent me, I am fine with that. I will do it pro se.

I found a good example for 1447(b) and it was filed by a GRIGORIY BARINBERG. I was wondering if I can edit his info out and put my info in on his 1447 petition, it is pretty much the same.

I need someone who is knowledgeable, who is already won a case by filing 1447, to go over the procedures with me.
 
stoyan79 said:
We need to find a lawyer who would do a class action for us and many others! With a fee similar to the court filing fee of $350, with hundreds of plaintiffs thats good deal I think for most lawyers!
Click to expand...


Would be great if it is possible. This would probably be the highest time for that. I am willing to do that. Now question is how do you get this ball rolling? How do we get those people who would be interested in this action?

Lawyer: Do we need different lawyer for different circuit? We need a volunteer to actually take the responsibility to find law year. I am sure the lawyer would want a handsome amount. So more people more money for him. Any thoughts?

When it’s time to make a change, make a change..
 
I can't agree it anymore, but have the same questions as what zenusa has.
I think the bootom line is that we can report our locations here. If we can gather enough people in one district, we can go ahead and talk to some lawyers.
I am in Delaware. I think I will be left behind because of this if all plantiffs in one case have to be in the same district.
Hope this could be done as a REAL nationwide class action.

zenusa said:
Would be great if it is possible. This would probably be the highest time for that. I am willing to do that. Now question is how do you get this ball rolling? How do we get those people who would be interested in this action?

Lawyer: Do we need different lawyer for different circuit? We need a volunteer to actually take the responsibility to find law year. I am sure the lawyer would want a handsome amount. So more people more money for him. Any thoughts?

When it’s time to make a change, make a change..
Click to expand...
 
Iacta alea est

"The die is cast", is what Julius Caesar is reported by Suetonius to have said on January 10, 49 BC as he led his army across the River Rubicon in Northern Italy out of the province assigned to him by the Roman Senate.

I filed today my 1447(b) complaint in the District Court. Everything went smoothly (although the deputy clerk had to call somebody because this was the first such case, and filed Pro Se), except that I had to go back to my car to leave my camera cell phone (it is not allowed to carry such device in a federal building - I didn't know this rule). I got back my summonses + complaints stamped, I mailed them to the Defendants + US Attorney's Office. I'll keep you posted with the events.
 
1447B informatioin for Chicagoens

Just got back form Oath Ceremony in Chicago US Northern Illinois district court where I filed 1447B. Thanks for the information the board gave us.

01/07/06: N400 receipt
05/10/06: IV. Result Pending FBI name check :mad: :mad: :mad:
09/08/06: 1447b Filed, Pro Se, in Chicago, Illinois
09/11/06: US Attorney Served
10/10/06: Got message from US Attorney that my case approved. :)
10/12/06: Received Oath Letter from NSC office
10/24/06: Oath day and USCIS issues Certificate of Naturalization. :)
10/24/06: filed motion for dismiss
 
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