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

[paz1960]

I wonder if this can be used as help to file WOM.
For Family based application of UCS DHS promisses to finish in 6 months
http://www.dhs.gov/xlibrary/assets/...igrant_Processing_USCIS_Response-04-27-06.pdf

The document what you are referring is a recomendation of the CIS Ombudsman, it is not a statue or regulation and not a promise of DHS to finish in 6 months the Family based applications. You can certainly use it, but I don't think that has any mandatory legal consequence.

 

[paz1960]

Is reference 8 C.F.R. Sec. 1103(a) correct reference for
"authorities and functions of the Department of Homeland Security to administer and enforce the immigration laws.”
I could not find online.
Thanks

This was the quotation before the DHS was created. For the present legal quotation see the part from the Federal Register attached to this post.

 

[gmlvsk]

This was the quotation before the DHS was created. For the present legal quotation see the part from the Federal Register attached to this post.

Isn't this updated link? Look for 1103
http://uscode.house.gov/pdf/2004/2004usc08.pdf

 

[stucknamecheck]

wenlock, I sent you a PM.

If you sent him info about response to motion to dismiss on WOM, can you PM me that too? i am doing mine right now. thanks a lot!!!

 

[gmlvsk]

I am confused about how to serve summons + complaint.
It is governed by federal rule of civil procedure 4.
It says service cannot be made by plaintiff.
I want to send by certified mail.
What i don't understand is: Can I send myself or must I ask somebody else?

 

[paz1960]

I am confused about how to serve summons + complaint.
It is governed by federal rule of civil procedure 4.
It says service cannot be made by plaintiff.
I want to send by certified mail.
What i don't understand is: Can I send myself or must I ask somebody else?

You can send all the summonses+copies of complaint by certified mail, by yourself. The reason why the rules don't allow serving the defendants in person is (I think) to avoid possible altercations when the sued person becomes upset and would start a fight with the Plaintiff. Obviously, this can't happen when you simply mail at the post office the complaint+summons.

 

[sfdurrani]

USA served 12/1/2006

Hello guys,
I filed my WOM law suit on 11/22/2006 and sent summons same day to all the denfendents and also the USA. Summons by all the defendents were received on 11/30/2006. The USA sent my complaint back as I had not mentioned the " Civil Process Clerk". I sent it back next day and it was received the next day 12/1/2006.
I assume that my 60 day count starts from 12/1/2006 when USA was served. I am waiting for my green slips ( Delivery COnfirmation) from all defendents from Washington DC. I shall file proof of service with the court once I receive these slips back.I am filing here in New Mexico. Would it be ok if I call AUSA by 12/15/2006 before the holidays to find out the progress?
Appreciate the input.

sfdurrani
I-485 stuck in name check since Oct 2004

 

[Southhuntington]

Hello guys,
I filed my WOM law suit on 11/22/2006 and sent summons same day to all the denfendents and also the DA. Summons by all the defendents were received on 11/30/2006. The DA sent my complaint back as I had not mentioned the " Civil Process Clerk". I sent it back next day and it was received the next day 12/1/2006.
I assume that my 60 day count starts from 12/1/2006 when DA was served. I am waiting for my green slips ( Delivery COnfirmation) from all defendents from Washington DC. I shall file proof of service with the court once I receive these slips back.I am filing here in New Mexico. Would it be ok if I call AUSA by 12/15/2006 before the holidays to find out the progress?
Appreciate the input.

sfdurrani
I-485 stuck in name check since Oct 2004

Did you send to DA or USA? DA does not work for WOM, USA does.

 

[junzhe]

Cover sheet question

On the cover sheet, item I (c), do I put my name and address in the box or put 'n/a' or simplely leave it blank? Thanks in advance.

 

[lenscrafterslen]

what to say when calling AUSA?

I am planning to call to find out which AUSA is on my case. if i get to talk to him/her, what should I say?

I wanted to find out the status of my case?

anything else?
thanks!

 

[netmn]

I485 finally approved

Here is my update. I was reqiuired to go to San Jose local office for
fingerprint appointment. It turned out that it was an interview. The questions
were simple. Finally my case was approved on Dec 4, 2005.

I really appreciate a lot of people's help and encouragement. Thank you all.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
WOM Lawsuit filed: September 26, 2006
30 days extension filed: Nov 27, 2006
Inteview & Fingerprint: Dec 4, 2006
I485 Approved: Dec 4, 2006

 

[skyhigh7]

update on my case

Hi, Gurus:

here is my update. Today AUSA filed doc to defendents' defense. I think it is pretty common here in southern district of California, they basically states that court cannot take over case before FBI name checking is done.
and AUSA didnt ask for 30 day extension either.

what is your guys take on this? where shall I go from here?

Shall I file for discovery meeting at court?
or file my reponse citing the historic case won at 9th circuit court where the court ineed should take over? sorry I forget the plaintiff's name.

Thanks
Skyhigh

 

[wenlock]

Congratulations

Here is my update. I was reqiuired to go to San Jose local office for

Great WIN. Stories like these keep us all motivated who are fighting these cases.

 

[Madison04]

On the cover sheet, item I (c), do I put my name and address in the box or put 'n/a' or simplely leave it blank? Thanks in advance.

I don't know what is item I(c), but I assume it's the attorney's address. In that case, you should fill in your own information since you're representing yourself.

 

[moody22]

On the cover sheet, item I (c), do I put my name and address in the box or put 'n/a' or simplely leave it blank? Thanks in advance.

I would put N/A (Pro se), or you may leave it blank, and the clerck will tell you what to write down when you go to the court to drop your complaint.

Best of luck

Moody

 

[Madison04]

Madison04! This is fantastic! You made my day. This gives me a little glimmer that the system still works and ultimately the truth and justice prevails. I know that we all can cite plenty of counter-examples, but let's enjoy at least tonight and let's hope that ultimately all of our cases will have such a happy ending. Congratulations to your wife!

Thanks everyone for your kind words! Especially, thank you paz1960! You've been really helpful in this thread and I've learned plenty from you.

Yes, even though we all suffered a great deal during our struggle with USCIS, but I think the system still works (to my big surprise). My wife's interview officer could definitely just sit back and enjoy her life after receiving our letter, and choose to let us miserablly work our way back through the MTR process; instead, she corrected her own mistake right away and ended our suffering...

In the end, through the entire GC process, I've learned the lesson of never giving up. My own 485 was transferred to local on 9/19/05 and the infamous retrogression would start on 10/1/05, which means if I didn't get approved by then, I would have to wait for potentially 4-5 years for a visa number. Though I knew there was little hope left and my files were probably still on the way to the local office given the timeline, I decided to give it a try. So I went to the local office on 9/29 and talked to a junior officer, who didn't help much. She was unwilling to find me a supervisor to talk to and only asked me to write down my situation, and then turned me away. At the time, I had lost any hope and accepted the fate. To my big surprise, the next morning I got a phone call at work from an officer at USCIS local office asking me to go down there for an interview. I don't even know how he found out my work phone number! Just like this, I got my 485 approved on 9/30/05--only 11 days after the transfer and the last day before retrogression started.

So, guys, please keep up the fighting and never lose your hope. Eventually, you'll win!

 

[paz1960]

Hi, Gurus:

here is my update. Today AUSA filed doc to defendents' defense. I think it is pretty common here in southern district of California, they basically states that court cannot take over case before FBI name checking is done.
and AUSA didnt ask for 30 day extension either.

what is your guys take on this? where shall I go from here?

Shall I file for discovery meeting at court?
or file my reponse citing the historic case won at 9th circuit court where the court ineed should take over? sorry I forget the plaintiff's name.

Thanks
Skyhigh

Because Defendants didn't file a motion, they just answered your complaint, here is what I found in the Northern District of California Pro Se Handbook (one of my favorite resources for info):

"Once the answer is filed, does the plaintiff have to file a response to it?

There is no such thing under the Federal Rules of Civil Procedure as a “Response to an Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8 (d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit."

Actually, I saw a case in the W. District of Washington, when Plaintiff filed a response to the answer of defendants and the judge trew out that response based on the argument mentioned above.

I think that now will follow an Initial Case Management conference, which will be ordered by the judge. Chapter 9 of the above mentioned Pro Se Handbook describes what this is all about.

 

[paz1960]

On the cover sheet, item I (c), do I put my name and address in the box or put 'n/a' or simplely leave it blank? Thanks in advance.

I put my name, address, phone no. and "Pro Se". Because I represent myself, I'm my own "attorney".

 

[paz1960]

Hello guys,
I filed my WOM law suit on 11/22/2006 and sent summons same day to all the denfendents and also the DA. Summons by all the defendents were received on 11/30/2006. The DA sent my complaint back as I had not mentioned the " Civil Process Clerk". I sent it back next day and it was received the next day 12/1/2006.
I assume that my 60 day count starts from 12/1/2006 when DA was served. I am waiting for my green slips ( Delivery COnfirmation) from all defendents from Washington DC. I shall file proof of service with the court once I receive these slips back.I am filing here in New Mexico. Would it be ok if I call AUSA by 12/15/2006 before the holidays to find out the progress?
Appreciate the input.

sfdurrani
I-485 stuck in name check since Oct 2004

You can call the US Attorney's Office any time, there is no specific rule. Earlier is better, because leaves more time to act. Of course, it may happen that there is nobody assigned yet to your case, but you lose in this case only one phone call.

 

[paz1960]

Here is my update. I was reqiuired to go to San Jose local office for
fingerprint appointment. It turned out that it was an interview. The questions
were simple. Finally my case was approved on Dec 4, 2005.

I really appreciate a lot of people's help and encouragement. Thank you all.

netmn

EB1-b, CSC
I-140 RD: Apr 2005. Approved in Aug 2005.
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
WOM Lawsuit filed: September 26, 2006
30 days extension filed: Nov 27, 2006
Inteview & Fingerprint: Dec 4, 2006
I485 Approved: Dec 4, 2006

Congratulation! One more x in the winning column.