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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Some Hope in S. Tex
Just got off the phone with AUSA and they said I would be sworn in for
oath on Nov 15/06. Incredible b/c I thought this Houston district was going to be a tough jurisdiction to win my 1447 case b/c the previous judges slam 6 cases shut with out a hearing. I told the assigned AUSA I was prepared to
fight this case to the end, no matter what the outcome was.
I thank the people who started this forum who make it happen, and give me the ability and tools to fight. Know matter how tough the situation is you got
to fight for what is right.
filed sept 21/06
served AUSA 9/22/06
Just got off the phone with AUSA and they said I would be sworn in for
oath on Nov 15/06. Incredible b/c I thought this Houston district was going to be a tough jurisdiction to win my 1447 case b/c the previous judges slam 6 cases shut with out a hearing. I told the assigned AUSA I was prepared to
fight this case to the end, no matter what the outcome was.
I thank the people who started this forum who make it happen, and give me the ability and tools to fight. Know matter how tough the situation is you got
to fight for what is right.
filed sept 21/06
served AUSA 9/22/06
Hello DelightFish,
Is an online appointment scheduler at you DO. You can schedule an appointment with your convenience and then go to you DO and ask IO questions you have. Please see the link.
Thank you.
http://infopass.uscis.gov/
Is an online appointment scheduler at you DO. You can schedule an appointment with your convenience and then go to you DO and ask IO questions you have. Please see the link.
Thank you.
http://infopass.uscis.gov/
DelightFish said:Can anybody kindly tell me what the Infopss is? It seems that we can get some information about our case from this, right? How could I access to this? I tried to find out by myself. But I couldn't.
Thanks a lot.
DelightFish
Registered Users (C)
Re: Infopass
Thanks for your help. I see. Knowledge is power!
Thanks for your help. I see. Knowledge is power!
786riz said:Hello DelightFish,
Is an online appointment scheduler at you DO. You can schedule an appointment with your convenience and then go to you DO and ask IO questions you have. Please see the link.
Thank you.
http://infopass.uscis.gov/
milena said:Just got off the phone with AUSA and they said I would be sworn in for
oath on Nov 15/06. Incredible b/c I thought this Houston district was going to be a tough jurisdiction to win my 1447 case b/c the previous judges slam 6 cases shut with out a hearing. I told the assigned AUSA I was prepared to
fight this case to the end, no matter what the outcome was.
I thank the people who started this forum who make it happen, and give me the ability and tools to fight. Know matter how tough the situation is you got
to fight for what is right.
filed sept 21/06
served AUSA 9/22/06
Finally, good news from Southern Texas! This is great! I was very worried that there is a tough District Court and they just don't want to follow similar decisions all across the country. It is still troubling why the previous 6 cases you mentioned, were trown out even without any consideration. Can you comment on that?
Congratulations for your approval. And especially for your determination to fight till the end. That's the spirit we want to see here!
DelightFish said:Thanks for your help. I see. Knowledge is power!
Although 786riz gave you a trully correct explanation about the Infopass, you should not put too high hopes in that. Experience on this forum shows that you can get rarely anything useful from these appointments. But you should try yourself, maybe you will be lucky... Keep us posted about the outcome.
So I come to you for knowledge.
Could anyone tell me or direct me on how to find out the success rate in Baltimore for 1447(b) petition. Also how do you guys see the cases for you district. I remember reading PACER somewhere, where and what is the process? I know very little about this. Through out this thread I found 3 or 4 people from this district who have gone through it but that was few months back and I am not sure if they post here anymore.
Success rate might not stop me from filing but I just want to be prepared for it. Unless there is no success now a days then why waste time and money. Once again your input is greatly appreciated. This forum is very helpful and I thank everyone who contributes. With your help I go forward. Thank you.
Could anyone tell me or direct me on how to find out the success rate in Baltimore for 1447(b) petition. Also how do you guys see the cases for you district. I remember reading PACER somewhere, where and what is the process? I know very little about this. Through out this thread I found 3 or 4 people from this district who have gone through it but that was few months back and I am not sure if they post here anymore.
Success rate might not stop me from filing but I just want to be prepared for it. Unless there is no success now a days then why waste time and money. Once again your input is greatly appreciated. This forum is very helpful and I thank everyone who contributes. With your help I go forward. Thank you.
How to fill out the summon back table?
Help! Urgent!!
I am going to send the summon to defendants, but I don't know how to fill out the back table of the summon (See attachment).
1. I, myself is the Server right?
2. I should check "Served personaly ......" and write defendant address here right?
3. What is the Travel and Services Fee?
4. I should sign and dated at "Declaration section right?
5. Very confued: I have two set summons, one is for defendants and the other set will be return to the District Court after fiiling out the back table. Do I need to send the sommon with filled back table to each defendant or just leave the summon back blank?
Thanking you!!!
Help! Urgent!!
I am going to send the summon to defendants, but I don't know how to fill out the back table of the summon (See attachment).
1. I, myself is the Server right?
2. I should check "Served personaly ......" and write defendant address here right?
3. What is the Travel and Services Fee?
4. I should sign and dated at "Declaration section right?
5. Very confued: I have two set summons, one is for defendants and the other set will be return to the District Court after fiiling out the back table. Do I need to send the sommon with filled back table to each defendant or just leave the summon back blank?
Thanking you!!!
Last edited by a moderator:
DelightFish
Registered Users (C)
Re: Infopass
Once I know what Infopass is, I think it will not help me too much at this point. I did WOM on 10/10 and the summons were also served on 10/10. I am crossing my fingers here. I will keep you guys posted.
Thanks
Once I know what Infopass is, I think it will not help me too much at this point. I did WOM on 10/10 and the summons were also served on 10/10. I am crossing my fingers here. I will keep you guys posted.
Thanks
paz1960 said:Although 786riz gave you a trully correct explanation about the Infopass, you should not put too high hopes in that. Experience on this forum shows that you can get rarely anything useful from these appointments. But you should try yourself, maybe you will be lucky... Keep us posted about the outcome.
DelightFish
Registered Users (C)
Re: How to fill out the summon back table?
HI Moon_g,
Here is the anwers:
(1) you, yourself is the Server.
(2) you should choose: other (specify): Mailed U.S. Certified Mail/Retrun Reciept Requested.
(3) Travel: -0-, Services: $ 8.30 (the money you paid for mailing the summons), Total: $8.30
(4) yes
(5) you can send the sommons with blank summon back (return of service) to each defendant.
This is what I did and hope it helps.
Good luck.
HI Moon_g,
Here is the anwers:
(1) you, yourself is the Server.
(2) you should choose: other (specify): Mailed U.S. Certified Mail/Retrun Reciept Requested.
(3) Travel: -0-, Services: $ 8.30 (the money you paid for mailing the summons), Total: $8.30
(4) yes
(5) you can send the sommons with blank summon back (return of service) to each defendant.
This is what I did and hope it helps.
Good luck.
Moon_g said:Help! Urgent!!
I am going to send the summon to defendants, but I don't know how to fill out the back table of the summon (See attachment).
1. I, myself is the Server right?
2. I should check "Served personaly ......" and write defendant address here right?
3. What is the Travel and Services Fee?
4. I should sign and dated at "Declaration section right?
5. Very confued: I have two set summons, one is for defendants and the other set will be return to the District Court after fiiling out the back table. Do I need to send the sommon with filled back table to each defendant or just leave the summon back blank?
Thanking you!!!
DelightFish
Registered Users (C)
Re: How to fill out the summon back table?
In addition,
You should send the summons with empty 'Return of Service' to all the defendants.
After you served all the defendants, you should fill this Table and return it to your District Court.
Hope it is clear.
In addition,
You should send the summons with empty 'Return of Service' to all the defendants.
After you served all the defendants, you should fill this Table and return it to your District Court.
Hope it is clear.
DelightFish said:HI Moon_g,
Here is the anwers:
(1) you, yourself is the Server.
(2) you should choose: other (specify): Mailed U.S. Certified Mail/Retrun Reciept Requested.
(3) Travel: -0-, Services: $ 8.30 (the money you paid for mailing the summons), Total: $8.30
(4) yes
(5) you can send the sommons with blank summon back (return of service) to each defendant.
This is what I did and hope it helps.
Good luck.
Very kind of you DelightFish, Thanks!
Thanks DelightFish,
I almost have the same situ with you. My Name Check have been pending since April, 2004. I will keep you posted about my lawsuit result. By the way, is your case in Nebraska Service Center?
Thanks again!
DelightFish said:In addition,
You should send the summons with empty 'Return of Service' to all the defendants.
After you served all the defendants, you should fill this Table and return it to your District Court.
Hope it is clear.
Thanks DelightFish,
I almost have the same situ with you. My Name Check have been pending since April, 2004. I will keep you posted about my lawsuit result. By the way, is your case in Nebraska Service Center?
Thanks again!
DelightFish
Registered Users (C)
Hi Moon_g,
Yes, we are in the same boat. But My case is in California Service Center.
Good luck!
Yes, we are in the same boat. But My case is in California Service Center.
Good luck!
Moon_g said:Thanks DelightFish,
I almost have the same situ with you. My Name Check have been pending since April, 2004. I will keep you posted about my lawsuit result. By the way, is your case in Nebraska Service Center?
Thanks again!
firebird123
Registered Users (C)
Summon Certificate of Service Questions
1) Is "Summon's Certificate of Service" the back page of the Summon sheet
with the title "RETURN OF SERVICE" ?
2) When to send the "Certificate of Service" to the court after filing ? Right after mail
the Summons out ? Or wait until all return receipts come back ? The law seems to
require only registered or certified mail, but not with return confirmation.
So waiting until all return receipts to come back seems a bit unreasonable
as a requirement. I can understand if one opts to wait. But should not be required to wait 'til all the receipts to come back.
Could any one more familiar with the matter than me give me a clue ?
Thanks,
1) Is "Summon's Certificate of Service" the back page of the Summon sheet
with the title "RETURN OF SERVICE" ?
2) When to send the "Certificate of Service" to the court after filing ? Right after mail
the Summons out ? Or wait until all return receipts come back ? The law seems to
require only registered or certified mail, but not with return confirmation.
So waiting until all return receipts to come back seems a bit unreasonable
as a requirement. I can understand if one opts to wait. But should not be required to wait 'til all the receipts to come back.
Could any one more familiar with the matter than me give me a clue ?
Thanks,
Last edited by a moderator:
firebird123 said:1) Is "Summon's Certificate of Service" the back page of the Summon sheet
with the title "RETURN OF SERVICE" ?
2) When to send the "Certificate of Service" to the court after filing ? Right after mail
the Summons out ? Or wait until all return receipts come back ? The law seems to
require only registered or certified mail, but not with return confirmation.
So waiting until all return receipts to come back seems a bit unreasonable
as a requirement. I can understand if one opts to wait. But should not be required to wait 'til all the receipts to come back.
Could any one more familiar with the matter than me give me a clue ?
Thanks,
Several members of this forum reported different practices in different district courts. In one of the California Districts, the summons back page specifies that if you serve the summons with certified or registered mail, you should request return receipt and you should file that too. In many district courts they accept as proof of delivery the printout from the USPS web page showing that your mail was delivered. In this case it is good to attach a copy of your green slip you received at the post office when you mailed your certified mail, because this has the name and address of the defendant and the matching tracking number with the web printout.
Some district courts require signed return receipt. This is the most difficult to provide because some of the Washington based defendants will return the green card (the Return Receipt) only with long delay, sometimes weeks.
The other isssue is when the 60 days clock actually starts. Some courts begin the counting when the summons+complaint was delivered to the US Attorney's office, some require that ALL defendants were served, i.e., the 60 days countdown starts only after the last defendant was served. The former practice is more logical, because the case will be handled anyway by the AUSA, not by the secretary of DHS or other Washington based big guys. But what is logical for me, is not necessary the rule...
Bottom line, you have to check the local rules at your district court.
firebird123
Registered Users (C)
Great thanks for your detailed explanation.
I'm in the Northen CA, San Jose area. And the local rules only state the following (CIV Page 36):
5-6. Certificate of Service
(a) Form. ... it must bear or have attached to it:
(1) An acknowledge of service by the person served; or
(2) Certificate of service stating the date, place and manner of service and the names street address or electronic address of the person served, certified by the person who made service, pursuant to 28 U.S.C. $1746.
where 28 U.S.C $1746 just specifies how to say "I declare ... under penalty of perjury ...".
So no more details on service by mail. And (2) seems to hint that right after mailing out, the "Certificate of Service" could be sent back to court, probably plus the "green slip" you mentioned. Court clerk does not want to say anything. So I guess I can just send back right after mailing out instead of waiting for potentially many weeks for the delivery confirmfation (the green card), unless
you or somebody else can shed more light on this.
Thanks again. I believe once I go through this ordeal, I'll make more contributions to this thread on the process and experience, particularly in the N. CA. district. This has been very helpful for me to start rolling.
I'm in the Northen CA, San Jose area. And the local rules only state the following (CIV Page 36):
5-6. Certificate of Service
(a) Form. ... it must bear or have attached to it:
(1) An acknowledge of service by the person served; or
(2) Certificate of service stating the date, place and manner of service and the names street address or electronic address of the person served, certified by the person who made service, pursuant to 28 U.S.C. $1746.
where 28 U.S.C $1746 just specifies how to say "I declare ... under penalty of perjury ...".
So no more details on service by mail. And (2) seems to hint that right after mailing out, the "Certificate of Service" could be sent back to court, probably plus the "green slip" you mentioned. Court clerk does not want to say anything. So I guess I can just send back right after mailing out instead of waiting for potentially many weeks for the delivery confirmfation (the green card), unless
you or somebody else can shed more light on this.
Thanks again. I believe once I go through this ordeal, I'll make more contributions to this thread on the process and experience, particularly in the N. CA. district. This has been very helpful for me to start rolling.
DelightFish
Registered Users (C)
Certificate of Service
Please see the attchment. Basically, it is the format of Certificate of Service. That is: You need to make the statement that on which day, you served Summons and Complain to all the defendants via certified mail......
then you need to fill the return of service.
In my district court, it is fine to file the return of service by the "green slip" + the track results from internet. But it is better you wait until the track results show that the mail has been delivered.
For me, I waited one week and see all the mails were delivered, then I filed the Return of Service. At that time, I got two green confimation card back. Then I just used these two for the two defendants and all the left I used the "green slip" + the track results from internet.
hope it helps.
Please see the attchment. Basically, it is the format of Certificate of Service. That is: You need to make the statement that on which day, you served Summons and Complain to all the defendants via certified mail......
then you need to fill the return of service.
In my district court, it is fine to file the return of service by the "green slip" + the track results from internet. But it is better you wait until the track results show that the mail has been delivered.
For me, I waited one week and see all the mails were delivered, then I filed the Return of Service. At that time, I got two green confimation card back. Then I just used these two for the two defendants and all the left I used the "green slip" + the track results from internet.
hope it helps.
firebird123 said:Great thanks for your detailed explanation.
I'm in the Northen CA, San Jose area. And the local rules only state the following (CIV Page 36):
5-6. Certificate of Service
(a) Form. ... it must bear or have attached to it:
(1) An acknowledge of service by the person served; or
(2) Certificate of service stating the date, place and manner of service and the names street address or electronic address of the person served, certified by the person who made service, pursuant to 28 U.S.C. $1746.
where 28 U.S.C $1746 just specifies how to say "I declare ... under penalty of perjury ...".
So no more details on service by mail. And (2) seems to hint that right after mailing out, the "Certificate of Service" could be sent back to court, probably plus the "green slip" you mentioned. Court clerk does not want to say anything. So I guess I can just send back right after mailing out instead of waiting for potentially many weeks for the delivery confirmfation (the green card), unless
you or somebody else can shed more light on this.
Thanks again. I believe once I go through this ordeal, I'll make more contributions to this thread on the process and experience, particularly in the N. CA. district. This has been very helpful for me to start rolling.
DelightFish
Registered Users (C)
Sorry, It took too long to upload the attachment. Could you give me your email address? I will send you the sample.
DelightFish said:Please see the attchment. Basically, it is the format of Certificate of Service. That is: You need to make the statement that on which day, you served Summons and Complain to all the defendants via certified mail......
then you need to fill the return of service.
In my district court, it is fine to file the return of service by the "green slip" + the track results from internet. But it is better you wait until the track results show that the mail has been delivered.
For me, I waited one week and see all the mails were delivered, then I filed the Return of Service. At that time, I got two green confimation card back. Then I just used these two for the two defendants and all the left I used the "green slip" + the track results from internet.
hope it helps.
firebird123
Registered Users (C)
Summon's Certificate of Service
I sent my email address to yours.
This damned "certificate of service" just turns out to be more delicate
than thought. But I will keep your steps in mind to see if to wait another week or not. My fear is that there are rumors the law might be modified next year, and any delay now might mean difference in the future.
Thanks for advice.
I sent my email address to yours.
This damned "certificate of service" just turns out to be more delicate
than thought. But I will keep your steps in mind to see if to wait another week or not. My fear is that there are rumors the law might be modified next year, and any delay now might mean difference in the future.
Thanks for advice.