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

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!
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I agree and I think this is a high time for a joint action...lets do a district/state wise count of people who are willing to participate....I am in Minnesota district and would like to find people who are up for a joint lawsuit in MN state...
 
oacis said:
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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Congratulations oacis! Good to hear positive results.
 
US Attorney Office called me saying my name check is cleared!

US Attorney Office called me saying my name check is cleared! He said USCIS will approve my citizenship immidiately but since they don't have the authority to grant me citizenship as long as the lawsuit exist. They want me to dimiss the case, then they will mail me the oath letter. Should I trust them? I am afraid USCIS break their promise after I dismiss the case. How does this kind of case end? Any suggestion?

Thanks in advance.

Portuch

------------------------------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
Fingerprint notice from USCIS on 09/26/06
Oath letter: ???
Oath date: ??/??/????
 
congrats. just insist on filing a dismissal
w/o prejudice and w/ statute of limitations.



Portuch said:
US Attorney Office called me saying my name check is cleared! He said USCIS will approve my citizenship immidiately but since they don't have the authority to grant me citizenship as long as the lawsuit exist. They want me to dimiss the case, then they will mail me the oath letter. Should I trust them? I am afraid USCIS break their promise after I dismiss the case. How does this kind of case end? Any suggestion?

Thanks in advance.

Portuch

------------------------------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
Fingerprint notice from USCIS on 09/26/06
Oath letter: ???
Oath date: ??/??/????
Click to expand...
 
Portuch said:
US Attorney Office called me saying my name check is cleared! He said USCIS will approve my citizenship immidiately but since they don't have the authority to grant me citizenship as long as the lawsuit exist. They want me to dimiss the case, then they will mail me the oath letter. Should I trust them? I am afraid USCIS break their promise after I dismiss the case. How does this kind of case end? Any suggestion?

Thanks in advance.

Portuch

------------------------------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
Fingerprint notice from USCIS on 09/26/06
Oath letter: ???
Oath date: ??/??/????
Click to expand...


Congratulations Portuch! This is the second good news for today. Great!

Please see attached a draft of a Joint motion to remand for adjudication of a case similar to yours. You can change couple of things ("60 days" to "as soon as possible but not later than 30 days" and "adjudicate" to "approve", because AUSA told you that USCIS will approve your case not just adjudicate. You can include also some deadline for the actual oath ceremony.

AUSA will agree only to the joint motion if USCIS lawyers tell him so. In that case I think that it is save that they will not trick you. Especially that you are asking 'without prejudice'.
 
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Just filed WOM in Newark NJ

The clerk is a very nice lady. She said that in recent months the rate of incoming WOM cases has increased from 1-2/year to 4-5/week. Yes, that's a 100x increase...

For who wants to file in Newark, the federal courthouse building is surprisingly nice... :) Parking is available near by at 5/hr. It is a very new building with a big head sculpture (a head as tall as a human being) in the front.

Now I'll keep my fingers closed. I guess the next step is to wait for the summons to be sent back to me and then serve them.

Will report on this forum when I hear something... Wish me luck guys!

icare
 
I cannot believe how dumb of a mistake I made! When I filed the case I did not know that I have to serve the local US attorney bacuse they were not one of the defendants. So today was the 60th day and I called the AUSA and they told me that they have not been served so the 60 days have not started yet, so I served them today. I am soooo pissed at myself right now, the AUSA now knows what kind of dumb ass is suing the government. :)
 
do not stress over yourself.
you will prevail!

stoyan79 said:
I cannot believe how dumb of a mistake I made! When I filed the case I did not know that I have to serve the local US attorney bacuse they were not one of the defendants. So today was the 60th day and I called the AUSA and they told me that they have not been served so the 60 days have not started yet, so I served them today. I am soooo pissed at myself right now, the AUSA now knows what kind of dumb ass is suing the government. :)
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stoyan79 said:
I cannot believe how dumb of a mistake I made! When I filed the case I did not know that I have to serve the local US attorney bacuse they were not one of the defendants. So today was the 60th day and I called the AUSA and they told me that they have not been served so the 60 days have not started yet, so I served them today. I am soooo pissed at myself right now, the AUSA now knows what kind of dumb ass is suing the government. :)
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Don't be too upset. Yes, you made a dumb mistake, but it is not irreparable. You lost only 2 months, nothing else, not even your filing fee, because the 'lifetime' of the summonses is 4 months. But try to learn from this mistake. Start reading the posts on this forum, take notes, save the relevant files, go and search on PACER for similar cases in your district, etc. Don't make again the same mistake that you are not well prepared. I admit, it is not the most enjoyable activity to go through more than 400 pages (over 6000 posts) but is very educative and useful. You decided to file this case Pro Se, so be it. But you need to be prepared.You don't have to go anywhere just take a cup of coffee, a couple of beers and go slowly but steady through this forum's posts. You will not regret at the end the time you spent in front of the monitor. Maybe you will not need anything else and your case will be solved before the 60 days are up. But what if not? Prepare yourself for the fight because you are right, the law is on your side. Remember, knowledge is power.
 
Please help!!!
I just filed a lawsuit against USCIS and FBI for my delayed Name Check. I got the summons, but I don't know what should I do next?
1. I don't know who is my "US of Attormey" ? and how can I find it?
2. Who will be the SERVER? (US Atty or myself?) and how to fill the Back Table of the Summon?
3. Do I have to send a set of copy to US Atty? the court give me 2 sets of the summons, one will be send to the defendants and the other should be return to the court after fill the back table of the summon. Do I have to copy another set of the summons with complain to send to US Atty?
This is my very first to file a civil case, so please help!!! Very appreciated!!!
My name check have been pending for 31 monthes.
Please email to Dr. Ximing Zhou directly : ximingz@uic.edu

Thanking you!!!!
 
Moon_g said:
Please help!!!
I just filed a lawsuit against USCIS and FBI for my delayed Name Check. I got the summons, but I don't know what should I do next?
1. I don't know who is my "US of Attormey" ? and how can I find it?
2. Who will be the SERVER? (US Atty or myself?) and how to fill the Back Table of the Summon?
3. Do I have to send a set of copy to US Atty? the court give me 2 sets of the summons, one will be send to the defendants and the other should be return to the court after fill the back table of the summon. Do I have to copy another set of the summons with complain to send to US Atty?
This is my very first to file a civil case, so please help!!! Very appreciated!!!
My name check have been pending for 31 monthes.
Please email to Dr. Ximing Zhou directly : ximingz@uic.edu

Thanking you!!!!
Click to expand...

Based on my very limited knowledge,

1. It's very easy to find out. Just google "District Attorney" + some information about where you are... However, I think the DA should also be part of the Summons... At least I made one summons for the DA separately when I filed my case today :)

2. You are the server. Make sure to use Certified Mail with Return Receipt and keep the green receipt card provided for each mail. Don't know yet how to fill the back portions of the Summons but I remember having seen something similar...

3. Yes you need to file a set to the US Attorney's office. For that you need to have a Summons directed to the AUSA name and address. I suggest you talk to the court and figure out a way...

icare
 
icare said:
Based on my very limited knowledge,

1. It's very easy to find out. Just google "District Attorney" + some information about where you are... However, I think the DA should also be part of the Summons... At least I made one summons for the DA separately when I filed my case today :)

2. You are the server. Make sure to use Certified Mail with Return Receipt and keep the green receipt card provided for each mail. Don't know yet how to fill the back portions of the Summons but I remember having seen something similar...

3. Yes you need to file a set to the US Attorney's office. For that you need to have a Summons directed to the AUSA name and address. I suggest you talk to the court and figure out a way...

icare
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Thank you very much for your quick reply! Please let me know what is "DA" ? I filed the case today (10/24/2006) in Chicago and paid $350 for this case. The guy clerk in the court don't want to answer too many questions, he just let me read "Rule 4". You know for me, the very first one, Rule 4 is not enough for the case filling.
Thanks again! Please email to me directly: ximingz@uic.edu
Dr. Ximing Zhou, Assistant Professor of Geriatric Medicine, UIC
 
Use this link to locate your AUSA phone and address.

http://www.usdoj.gov/usao/offices/index.html



Moon_g said:
Please help!!!
I just filed a lawsuit against USCIS and FBI for my delayed Name Check. I got the summons, but I don't know what should I do next?
1. I don't know who is my "US of Attormey" ? and how can I find it?
2. Who will be the SERVER? (US Atty or myself?) and how to fill the Back Table of the Summon?
3. Do I have to send a set of copy to US Atty? the court give me 2 sets of the summons, one will be send to the defendants and the other should be return to the court after fill the back table of the summon. Do I have to copy another set of the summons with complain to send to US Atty?
This is my very first to file a civil case, so please help!!! Very appreciated!!!
My name check have been pending for 31 monthes.
Please email to Dr. Ximing Zhou directly : ximingz@uic.edu

Thanking you!!!!
Click to expand...
 
Moon_g said:
Thank you very much for your quick reply! Please let me know what is "DA" ? I filed the case today (10/24/2006) in Chicago and paid $350 for this case. The guy clerk in the court don't want to answer too many questions, he just let me read "Rule 4". You know for me, the very first one, Rule 4 is not enough for the case filling.
Thanks again! Please email to me directly: ximingz@uic.edu
Dr. Ximing Zhou, Assistant Professor of Geriatric Medicine, UIC
Click to expand...


DA is District Attorney, not the best term used in these cases because we are dealing with the US Attorney's Office. You don't have to know at this moment who will be the physical person assigned to your case, this will be known only after certain time. You should address the summons to the US Attorney's office, Civil Process Clerk. You can find the address of your local US Attorney's office on the Internet, just go and follow the link provided by stoyan. And yes, you have to serve these summonses with a copy of the complaint to each defendant by certified mail, return receipt requested. After your mails are delivered, you will need to file a Proof of Delivery with the District Court for each defendant, US Attorney's office and US Attorney General office. Somebody from the local US Attorney's Office, an AUSA (=Assistant to the US Attorney) will represent the defendants (the Government). But you need also to serve a summons+complaint to the US Attorney General, even if you didn't include him in the list of defendants. You are filing a complaint against government agencies, so beside the agency(es) you have to serve the summons+complaint also to the two above mentioned offices.

Your local District Court probably has a Pro Se handbook where these details are described in very simple language. Most likely, you can download this handbook from their website. I recommend to read this first, before you file a complaint Pro Se (oops, too late!).

Beside Rule 4, you have to remember Rule #1: study, study, study. Read the postings on this forum, especially the early pages. You probably expect from your students to be well prepared when you examine them. Well, consider this as an exam. But the judge is the professor and you will be the student. Knowledge is power.
 
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I've got a simple question about the summons. Is it a document that the court will create and give me? Or is it something I have to type? If it's something the court gives me, when do they give it to me?
Thanks,
Chris
 
Chrismartin76 said:
I've got a simple question about the summons. Is it a document that the court will create and give me? Or is it something I have to type? If it's something the court gives me, when do they give it to me?
Thanks,
Chris
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Chris,

I think that this depends on your local court rules. In most of the cases (like in my district) you have to fill out the summonses (2 copies per defendant) and the court clerk will sign/stamp them and gives back to you. You will need to serve them (only one copy per defendant) to the defendants+US Attorney's office in your district (+ US Attorney General, even if he is not a defendant). After you got the return receipts or printed out from the usps web page the proofs of delivery, you fill out the back (or bottom, like in my case) of the summonses and file them with the court as Proof of Service. In some courts you have to fill only one summons with the name and address of all defendants, after it is signed and stamped, you will make copies and send these copies to each defendant. I'm not completely sure, what youu file with the court in this case, in my district court you send one summons per defendant and file one summons per defendant with the court after you got proof of delivery from the USPS. So check your local rules. On the website of my court I found the Pro Se handbook (only 12 pages) and all of these were described there in very simple plain language. I could download both the Civil Cover Sheet and the Summonses from their web site.

In some courts you will get back immediately the signed/stamped summonses if you file your complaint in person. In some other courts, they will not process them immediately, even if you file in person. In such cases the clerk's office will mail them to you in couple of days.
 
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Chrismartin76 said:
I've got a simple question about the summons. Is it a document that the court will create and give me? Or is it something I have to type? If it's something the court gives me, when do they give it to me?
Thanks,
Chris
Click to expand...

You can get the summons sheet in the district court. You need to fill it in the court. Maybe you can download from internet but I didn't try. I just filed the lawsuit this morning.
Good luck!
 
Mailing address of the USCIS director?

paz1960 said:
DA is District Attorney, not the best term used in these cases because we are dealing with the US Attorney's Office. You don't have to know at this moment who will be the physical person assigned to your case, this will be known only after certain time. You should address the summons to the US Attorney's office, Civil Process Clerk. You can find the address of your local US Attorney's office on the Internet, just go and follow the link provided by stoyan. And yes, you have to serve these summonses with a copy of the complaint to each defendant by certified mail, return receipt requested. After your mails are delivered, you will need to file a Proof of Delivery with the District Court for each defendant, US Attorney's office and US Attorney General office. Somebody from the local US Attorney's Office, an AUSA (=Assistant to the US Attorney) will represent the defendants (the Government). But you need also to serve a summons+complaint to the US Attorney General, even if you didn't include him in the list of defendants. You are filing a complaint against government agencies, so beside the agency(es) you have to serve the summons+complaint also to the two above mentioned offices.

Your local District Court probably has a Pro Se handbook where these details are described in very simple language. Most likely, you can download this handbook from their website. I recommend to read this first, before you file a complaint Pro Se (oops, too late!).

Beside Rule 4, you have to remember Rule #1: study, study, study. Read the postings on this forum, especially the early pages. You probably expect from your students to be well prepared when you examine them. Well, consider this as an exam. But the judge is the professor and you will be the student. Knowledge is power.
Click to expand...

Thanks for your helps! I did have learn a lot here.
Another question:
One of defendant in the lawsuit is USCIS Director Emilio Gonzalez.
But I cannot find his Mailing address in internet. Please post here if you know it. and other defendant's Mailling address.
Very appreciated!
Ximing
 
Need opinion guys,

Thanks for the website, I found out who my AUSA would be when I file my petition. But here is my question... I am planning to call a ... you may say "bluff" I would like to prepare a draft and then I would like to send a letter asking AUSA office's help.

I am not planning to enclose the draft of the 1447 petition not to get them ready and working on a defense, I would just mention that petition is ready, and if there is anything they can do before I file.

Do you think they would respond to me? Without filing the actual petition in the court? So what I basically want to do is to tell them "hey man, look I am going to file this, your office is going to have to deal with it, can you find something out before we go through that?"

What do you think?
 
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