Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Screaming_Eagle
Registered Users (C)
Thank you my friend
Bushmatser,
Thank you for for your help. I saved AR 601-210 in my library and will use it for sure. Check this one out (AR 380-67 Personeel Security Program pages 11-12)
http://www.usapa.army.mil/pdffiles/r380_67.pdf
Happy Thanksgiving to you and everyone on this forum.
Eagle
Bushmaster said:
Bushmatser,
Thank you for for your help. I saved AR 601-210 in my library and will use it for sure. Check this one out (AR 380-67 Personeel Security Program pages 11-12)
http://www.usapa.army.mil/pdffiles/r380_67.pdf
Happy Thanksgiving to you and everyone on this forum.
Eagle
info
OK here is the case I filled my N-400 my self in june 2005. I learned about my pending name check in June 2006. Some one refered me this attorney that i called to inquire how he can help me out of this name check. He told me if i retain him he will get me out of name check. I was like ok I am fine. I retained him. He sent just status update to USCIS nothing else.
When I learned about law suit in the forum I contacted him if we can file writ of mandamus. He was not willing to do that and was very unconfortable because I knew so much about writ and how people do that and all that information that I learned from this forum.
That raised my concerns that he is not very professional about my case then I started researching about him on internet and came across few news release about his unprofessional behaviour with other clients.
He is not filling my WOM. I filed WOM personally Pro se. I mailed summons yesterday. He is still listed as attorney on record at my N-400 petition pending with USCIS. I do not trust him and like to remove him from my pending petition with USCIS.
Does any one know how to remove representation from N-400 file with USCIS?
I hope I answered your questions
paz1960 said:
OK here is the case I filled my N-400 my self in june 2005. I learned about my pending name check in June 2006. Some one refered me this attorney that i called to inquire how he can help me out of this name check. He told me if i retain him he will get me out of name check. I was like ok I am fine. I retained him. He sent just status update to USCIS nothing else.
When I learned about law suit in the forum I contacted him if we can file writ of mandamus. He was not willing to do that and was very unconfortable because I knew so much about writ and how people do that and all that information that I learned from this forum.
That raised my concerns that he is not very professional about my case then I started researching about him on internet and came across few news release about his unprofessional behaviour with other clients.
He is not filling my WOM. I filed WOM personally Pro se. I mailed summons yesterday. He is still listed as attorney on record at my N-400 petition pending with USCIS. I do not trust him and like to remove him from my pending petition with USCIS.
Does any one know how to remove representation from N-400 file with USCIS?
I hope I answered your questions
DelightFish
Registered Users (C)
Hi paz1960,
Thank you. You are the next! You will make it!
I saw your post about contacting your AUSA. You will talk to him person to person about three weeks before your 60 days end. If they do help, three weeks is long enough for them resolve your case.
This is the email that I got from my AUSA:
"I corresponded with my immigration liaison in Los Angeles. A request to
expedite the name check was made and, based on experience, it is
anticipated that it would be done within 3 weeks - with a decision made
immediately thereafter on the application.
Another expedited name check recently cleared in less than 2 weeks so I
am cautiously optimistic."
From what he said, you can see they have their own immigration liaison (I learned this word 'liaison' from him). By contacting their immigration liaison, the request to expedite the name check could be made.
So when you talk with your AUSA. Suggest him contact his immigration liaison, and ask the liaison to expedite the name check. Once the request to expedite the name check has been made, you can sit back and wait a little while.
I don't want to over-emphasize the role that AUSA plays. But at least by him, we can know what's going on there.
Good luck to you,
Happy Thanksgiving all!
Thank you. You are the next! You will make it!
I saw your post about contacting your AUSA. You will talk to him person to person about three weeks before your 60 days end. If they do help, three weeks is long enough for them resolve your case.
This is the email that I got from my AUSA:
"I corresponded with my immigration liaison in Los Angeles. A request to
expedite the name check was made and, based on experience, it is
anticipated that it would be done within 3 weeks - with a decision made
immediately thereafter on the application.
Another expedited name check recently cleared in less than 2 weeks so I
am cautiously optimistic."
From what he said, you can see they have their own immigration liaison (I learned this word 'liaison' from him). By contacting their immigration liaison, the request to expedite the name check could be made.
So when you talk with your AUSA. Suggest him contact his immigration liaison, and ask the liaison to expedite the name check. Once the request to expedite the name check has been made, you can sit back and wait a little while.
I don't want to over-emphasize the role that AUSA plays. But at least by him, we can know what's going on there.
Good luck to you,
Happy Thanksgiving all!
paz1960 said:Hello DelightFish, I am delightedto hear the good news! Congratulations! You did it! Good job! I took your advice and contacted AUSA next day. Hope that mine is as helpful like yours was.
Hello wenlock, OK, now I understand. There are two separate things here: 1. the lawsuit 2. who is representing you in relation with USCIS. The lawsuit is clear (can you give us the reason why you decided to file a WOM and not a Petition for hearing based on 1447(b)?) here you don't have to do anything because you filed Pro Se, so the court is dealing only with you, your lawyer (who is not for long yours, looks like) is out of the loop. With USCIS, I don't have info or experience, but I assume that sending an affidavit to them in which you state your parameters and the statement that you decided to renounce to the representation of Mr. XY as your counsel and "please direct all the communications related to my pending immigration petition to my address" (something like this), should do it. Mail it certified, with return receipt requested.wenlock said:
The other thing what you can do, request an Infopass and when you are talking to the information officer, ask him/her to remove your attorney as your counsel and direct all the communications to you. Better, do both, mail them an affidavit and after you received the return receipt ask an Infopass and verify that they really made the change in their record.
Maybe some other member had this experience already and can give you a more precise way how to proceed.
Last edited by a moderator:
paz1960 said:
Hmm that sounds reasonable.
I am not eligible for 1447b because I have not completed my interview yet. My interview turn came after May 26th and they stopped scheduling interview after that with out security clearances. My application is pending more then 17 months so I filled WOM.
I will send some thing in written to remove my attorney from there records.
congrats
Hi DelightFish,
Congratulations on your victory! I am so happy for you. I remembered your warm encouragement when I got frustrated by the "Answers to Complaints". I talked to AUSA and she said I don't have to reply her "Answer". But I am still preparing something just in case. I don't know how much longer I have to fight about this. I am so happy for you. Now you can relax and have a good holiday!
Jing
Hi DelightFish,
Congratulations on your victory! I am so happy for you. I remembered your warm encouragement when I got frustrated by the "Answers to Complaints". I talked to AUSA and she said I don't have to reply her "Answer". But I am still preparing something just in case. I don't know how much longer I have to fight about this. I am so happy for you. Now you can relax and have a good holiday!
Jing
DelightFish said:
DelightFish
Registered Users (C)
Dear Jing,
Keep up your courages! Hanging in there! You will get what you want!
Did you ask your AUSA if the request to expedite the NC has been made? Sometimes, if he is difficult to catch by call, try to email him.
Good luck and happy thanksgiving!
Keep up your courages! Hanging in there! You will get what you want!
Did you ask your AUSA if the request to expedite the NC has been made? Sometimes, if he is difficult to catch by call, try to email him.
Good luck and happy thanksgiving!
jzdc said:
My AUSA requested the "expedite name check" long time ago. She told me that on our first talk on the phone, like 2 weeks after I filed my case. But she told me it's not done yet on our last conversation last Friday. Then she mentioned there was an "Oder" from the court but I never got it. She sent me a copy of that oder yesterday. It is called:
Order regarding Initial Disclosures, Joint Status Report, and Early Settlement
I have no idea what that is. I realized I always get weird stuff on my case. I went to the courthouse this morning asked the clerk what that is. She doesn't know anything about it.
Order regarding Initial Disclosures, Joint Status Report, and Early Settlement
I have no idea what that is. I realized I always get weird stuff on my case. I went to the courthouse this morning asked the clerk what that is. She doesn't know anything about it.
DelightFish said:
DelightFish
Registered Users (C)
Dear Jing,
You may provide us the content of this Order. Maybe some of the friends here could give you some hints.
Good luck.
You may provide us the content of this Order. Maybe some of the friends here could give you some hints.
Good luck.
jzdc said:
Order from Court
I will take DelightFish's advise to post the "order" here, see who knows what that is.
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT
I. INITIAL SCHEDULING DATES
Pursuant to the December1, 2000 revisions to the Federal Rules of Civil Procedure, the Court sets the following dates for initial disclosure and submission of the Joint Status Report and Discoery Plan:
Deadline for FRCP 26(f) Conference: 11/29/2006
Initial Disclosures Pursuant to FRCP 26(a)(1): 12/06/2006
Combined Joint Status Report and Discovery
Plan as Required by FRCP26(f) and Local Rule CR 16: 12/13/2006
If this case involves claims which are exempt from the requirements of FRCP 26(a) and (f), please notify Lowell Williams or Laurie Cuaresma by Telephone at XXXXXX
I think the above it the most important part, there are 4 pages, too long to post. Who has any idea what it is?
Thanks!
I will take DelightFish's advise to post the "order" here, see who knows what that is.
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT
I. INITIAL SCHEDULING DATES
Pursuant to the December1, 2000 revisions to the Federal Rules of Civil Procedure, the Court sets the following dates for initial disclosure and submission of the Joint Status Report and Discoery Plan:
Deadline for FRCP 26(f) Conference: 11/29/2006
Initial Disclosures Pursuant to FRCP 26(a)(1): 12/06/2006
Combined Joint Status Report and Discovery
Plan as Required by FRCP26(f) and Local Rule CR 16: 12/13/2006
If this case involves claims which are exempt from the requirements of FRCP 26(a) and (f), please notify Lowell Williams or Laurie Cuaresma by Telephone at XXXXXX
I think the above it the most important part, there are 4 pages, too long to post. Who has any idea what it is?
Thanks!
uniqueengine
Registered Users (C)
A question about process server
Do I have to hire process server to handle deliver summons to LOCAL district director and LOCAL US attorney? or can I just use certified mail to them?
Many thanks
Do I have to hire process server to handle deliver summons to LOCAL district director and LOCAL US attorney? or can I just use certified mail to them?
Many thanks
Process server fees
I paid $90 for teh process server to serve documents to US attorney, took me a lot of time to explain to him what I am doing, and after he promised to file the proof of service in court, I left town, and found later he never filed teh proof of service, if I had to do it again, I will use certified mail.
I paid $90 for teh process server to serve documents to US attorney, took me a lot of time to explain to him what I am doing, and after he promised to file the proof of service in court, I left town, and found later he never filed teh proof of service, if I had to do it again, I will use certified mail.
paz1960 said:
uniqueengine
Registered Users (C)
hayyyoot said:
Can process server be used to delivering documents to remote site, say from Boston to DC?
What I am worry about certified mail is that some defendants won't sign return receipt and then I can't file certificate of service. At least process server can provide proof for delivery, is that right?
I believe there must be an answer in this great thread. But....I just finish reading page 33 of 462
. I feel every post is valuable and don't want to skip any I would appreciate if anyone can give me a quick answer or point me to the answer
servinf defendants
Well, most governmental offices don't sign the green card, they stamp it, some even don't sign or stamp, they just fill in the date they received the mail, I filed those receipt cards, and they were acceptable, also, on some other occasions, I never got teh green cards back, so, I went online, tracked the mail through the confirmation number, and printed out the delivery confirmation from teh Internet and filed it with the original receipt that you get when you send the mail, nobody told me that this is wrong.
Anyways, to answer you question, yes, you can hire a process server to serve defendants in DC area, just find a local process server, and see if s/he belongs to a national process serving agency, most do, he can send the documents to the serving office in DC and they can serve your documents in person, they usually charge about $60-100 per document.
Most of us here on this forum used the US certified mail, I haven't heard of anyone who encoutered problems with that
Well, most governmental offices don't sign the green card, they stamp it, some even don't sign or stamp, they just fill in the date they received the mail, I filed those receipt cards, and they were acceptable, also, on some other occasions, I never got teh green cards back, so, I went online, tracked the mail through the confirmation number, and printed out the delivery confirmation from teh Internet and filed it with the original receipt that you get when you send the mail, nobody told me that this is wrong.
Anyways, to answer you question, yes, you can hire a process server to serve defendants in DC area, just find a local process server, and see if s/he belongs to a national process serving agency, most do, he can send the documents to the serving office in DC and they can serve your documents in person, they usually charge about $60-100 per document.
Most of us here on this forum used the US certified mail, I haven't heard of anyone who encoutered problems with that
uniqueengine said:Can process server be used to delivering documents to remote site, say from Boston to DC?
What I am worry about certified mail is that some defendants won't sign return receipt and then I can't file certificate of service. At least process server can provide proof for delivery, is that right?
I believe there must be an answer in this great thread. But....I just finish reading page 33 of 462
I would appreciate if anyone can give me a quick answer or point me to the answer
Screaming_Eagle
Registered Users (C)
dhua said:
CONGRATULATIONS MY FRIEND discovery
If you read this it will give you idea of above order
http://www.law.cornell.edu/rules/frcp/Rule26.htm
I am not sure what you have to do on this part. Above link gives u all description.
jzdc said:
If you read this it will give you idea of above order
http://www.law.cornell.edu/rules/frcp/Rule26.htm
I am not sure what you have to do on this part. Above link gives u all description.
discovery
I think you are in discovery phase here is the information that I found from my district court Pro se litigation guide.
Discovery
Discovery is the process of obtaining information and evidence relevant to your case.19 A
scheduling order may contain a deadline for the completion of discovery. There are many
different ways to obtain discovery. The most common are: interrogatories (written questions),
requests for production of documents, and depositions.20 Most discovery requests are directed to
the parties in the case, although under certain circumstances, discovery can be obtained from
non-parties. Conduct of discovery is governed by FRCP Rules 26-37 and Local Rules 26.01-
37.02.
When conducting discovery, be sure to make your requests promptly so that the party responding
has sufficient time before the discovery deadline to answer or object. It is also important to
respond to any discovery requests you receive by the deadline indicated unless the other party
agrees, in writing, that you may have additional time. See Local Rules 29.01 and 37.01.
*A party who does not respond to a discovery request may be subject to sanctions, which
may include dismissal of your action if you are the plaintiff, or a judgment against you if
you are the defendant.
Do not send copies of discovery requests or responses to the court for filing or for information
unless: (1) you are directed by the court to do so or (2) you are filing the discovery document in
support of or in opposition to a motion. See Local Rules 5.01 and 7.04. Send a copy of the
request to the party expected to respond and keep the original. Send the original of any
responses you provide to the party requesting discovery and keep a copy for your records.
jzdc said:
I think you are in discovery phase here is the information that I found from my district court Pro se litigation guide.
Discovery
Discovery is the process of obtaining information and evidence relevant to your case.19 A
scheduling order may contain a deadline for the completion of discovery. There are many
different ways to obtain discovery. The most common are: interrogatories (written questions),
requests for production of documents, and depositions.20 Most discovery requests are directed to
the parties in the case, although under certain circumstances, discovery can be obtained from
non-parties. Conduct of discovery is governed by FRCP Rules 26-37 and Local Rules 26.01-
37.02.
When conducting discovery, be sure to make your requests promptly so that the party responding
has sufficient time before the discovery deadline to answer or object. It is also important to
respond to any discovery requests you receive by the deadline indicated unless the other party
agrees, in writing, that you may have additional time. See Local Rules 29.01 and 37.01.
*A party who does not respond to a discovery request may be subject to sanctions, which
may include dismissal of your action if you are the plaintiff, or a judgment against you if
you are the defendant.
Do not send copies of discovery requests or responses to the court for filing or for information
unless: (1) you are directed by the court to do so or (2) you are filing the discovery document in
support of or in opposition to a motion. See Local Rules 5.01 and 7.04. Send a copy of the
request to the party expected to respond and keep the original. Send the original of any
responses you provide to the party requesting discovery and keep a copy for your records.
More on Discovery
The Deposition
In most civil actions, both parties have the right to engage in "discovery" to gather facts from the other party, and sometimes from third-party witnesses. A deposition is a type of discovery in which the lawyer for a party takes your testimony. The proper purpose of a deposition is to gather background and evidence and lock in the stories of the parties and the witness.
At the deposition you will be put under oath, just as you would be in a court, and a lawyer, can ask you a wide range of questions relating to the case. The lawyer's questions, and your answers, will be taken down by a court reporter, and possibly be tape recorded and/or video-taped.
Your deposition, when properly handled, can go a long way in assisting your lawyer in the litigation either by way of settlement or at the trial. What you do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance, as well as the facts and skill of the other side's lawyer.
Deposition Tips
You have the right to have your lawyer present at the deposition, and you definitely should. Your lawyer will help you protect your interests.
Your lawyer should spend time reviewing the facts with you and preparing you to give a deposition.
Listen carefully to each question and then answer it.
Do not volunteer anything or raise other issues.
If you do not understand the question, ask for a clarification. Your lawyer may object to questions that are vague, improper, misleading, or irrelevant in that they do not relate to the specific case.
Your lawyer will prevent the other side from using the deposition to harass you, or turning it into a fishing expedition.
At the end of the questioning by the other side, your lawyer can ask you questions that may bring out, clarify or better present your side of the story.
After the deposition is over, the court reporter will type out the transcript of the questions and answers, and all parties will receive copies. You will have the opportunity to review the record and make corrections, but generally the reporter's word will prevail. (In major cases, where cost is not an object, both sides may have their own court reporters present.) The original may be filed with the court, and become publicly available, depending on the rules of the court or state.
The Deposition
In most civil actions, both parties have the right to engage in "discovery" to gather facts from the other party, and sometimes from third-party witnesses. A deposition is a type of discovery in which the lawyer for a party takes your testimony. The proper purpose of a deposition is to gather background and evidence and lock in the stories of the parties and the witness.
At the deposition you will be put under oath, just as you would be in a court, and a lawyer, can ask you a wide range of questions relating to the case. The lawyer's questions, and your answers, will be taken down by a court reporter, and possibly be tape recorded and/or video-taped.
Your deposition, when properly handled, can go a long way in assisting your lawyer in the litigation either by way of settlement or at the trial. What you do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance, as well as the facts and skill of the other side's lawyer.
Deposition Tips
You have the right to have your lawyer present at the deposition, and you definitely should. Your lawyer will help you protect your interests.
Your lawyer should spend time reviewing the facts with you and preparing you to give a deposition.
Listen carefully to each question and then answer it.
Do not volunteer anything or raise other issues.
If you do not understand the question, ask for a clarification. Your lawyer may object to questions that are vague, improper, misleading, or irrelevant in that they do not relate to the specific case.
Your lawyer will prevent the other side from using the deposition to harass you, or turning it into a fishing expedition.
At the end of the questioning by the other side, your lawyer can ask you questions that may bring out, clarify or better present your side of the story.
After the deposition is over, the court reporter will type out the transcript of the questions and answers, and all parties will receive copies. You will have the opportunity to review the record and make corrections, but generally the reporter's word will prevail. (In major cases, where cost is not an object, both sides may have their own court reporters present.) The original may be filed with the court, and become publicly available, depending on the rules of the court or state.