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

Just came back from courthouse

a, it's a lot copy work need to do, before u go there. cost alot. such as :4 for defendent, 1 for us attorny, 1 for us attorny general, 1 for file, 1 for judge, 1 for yourself. so, u have to make 8 copy of your complaint and or the exhibit. that's alot. also, u need a big table to sort them out.
b, all the summons sheets need be filled out before u go there. only one defendent per page, need extra 2 page for us attorny,and general

it's done, can not believe it, i did it. thanks to pez1960. from I decieded to do , till i finished, about 40 hours. it's nothing compare 40 monthes waiting NC.
 
takayuki said:
Hi Paz1960,
Thanks for that detail information. One last verification, the "return receipt" is just the certified mail proof of delivery receipt? Will the US Atty of my district issue me another kind of "return receipt"? Once I am clear with this "return receipt" issue, I am really to follow your instruction to file Certificate of Service
Thanks a lot!!!!
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Yes, the proof of delivery is the green slip you receive when you mail your letter + the green card (the return receipt) returned by the defendant (or, in lieu, the USPS tracking web page printout).

If you delivered your complaint + summons to the US attorney in person, I don't know the answer to your question. I mailed to my US Attorney's Office, Civil Process Clerk, the complaint and summons by certified mail, her office is in a different town, not where I live. So the proof of delivery in this case is just like for the Washington based defendants.
 
mgzh said:
a, it's a lot copy work need to do, before u go there. cost alot. such as :4 for defendent, 1 for us attorny, 1 for us attorny general, 1 for file, 1 for judge, 1 for yourself. so, u have to make 8 copy of your complaint and or the exhibit. that's alot. also, u need a big table to sort them out.
b, all the summons sheets need be filled out before u go there. only one defendent per page, need extra 2 page for us attorny,and general

it's done, can not believe it, i did it. thanks to pez1960. from I decieded to do , till i finished, about 40 hours. it's nothing compare 40 monthes waiting NC.
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mzgh, sorry that I answered your question about the number of copies after you probably already left for the court house, see one of my earlier posts today. Look like the rules in your court are very similar to my court, because I needed the same number of copies.
 
Guys pls help

Guys:

I am in southern CA, which is part of 9th circuit court. AUSA sent me joint motion to dismissal. and in it he put "CIS will adjudicate plaintiff's application", instead of "approve or grant plaintiff's application". In other cases he handled in southern distrcit of CA, which has attorney representaion for plaintiffs, AUSA put "CIS will approve plaintiff's application".

AUSA and I have been back and forth, he simply metion he will hold his ground. he will not change to "approve" or "grant" for Pro Se. Dont you guys think it is unfair? cajack and other friends in 9th circuit court, please shed light on this before I sign the dismissal.

Sky
 
Travel abroad after filing WOM

Hi Gurus,

I have a tricky situation. I am thinking to file WOM next week for my I-485. But I will have to travel abroad for several months early next year using my Advanced Parole. What if USCIS denied my I-485 application during my trip abroad? Do I immediately lose the chance entering US and appeal for my law suit?

Thank you very much for sharing your knowledge and experience.
 
way2tired said:
Hi Gurus,

I have a tricky situation. I am thinking to file WOM next week for my I-485. But I will have to travel abroad for several months early next year using my Advanced Parole. What if USCIS denied my I-485 application during my trip abroad? Do I immediately lose the chance entering US and appeal for my law suit?

Thank you very much for sharing your knowledge and experience.
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When I485 is denied it invalidates the Parole so re-entry will not be possible. There is a case out of phonenix AZ where this happened, where the guy sued and name check resulted in some adverse findings. I dont have the exact details but is often quoted in this forum as example of possible retaliation for filing WOM for 485.
 
Sky:

Actually, I hired an attorney and he handled everything for me. I was not involved. I am sorry I could not help you on this issue. I agree that some AUSA will be a little tough on PRO SE case. I don't know if you have posted information about your background check. Did USCIS finish your background check? If they did I think 'adjustcate' will be fine unless they find something negative during the background check and give them the strong reason to deny you. Hope it helps,

Jack


skyhigh7 said:
Thanks, Paz.

any friend in CA who has actually done it? cajack, and others? Pls input your opinion. it is greatly appreciated. what exact words/sentences you put to protect yourself in joint dismissal motion?

Sky
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skyhigh7 said:
Guys:

I am in southern CA, which is part of 9th circuit court. AUSA sent me joint motion to dismissal. and in it he put "CIS will adjudicate plaintiff's application", instead of "approve or grant plaintiff's application". In other cases he handled in southern distrcit of CA, which has attorney representaion for plaintiffs, AUSA put "CIS will approve plaintiff's application".

AUSA and I have been back and forth, he simply metion he will hold his ground. he will not change to "approve" or "grant" for Pro Se. Dont you guys think it is unfair? cajack and other friends in 9th circuit court, please shed light on this before I sign the dismissal.

Sky
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Hello Sky,
Unfortunately, I am almost sure that AUSA is right if we stick strictly to the language of the statue, and it is not unfair or dependent on the fact that you are Pro Se.

You can ask the court only to determine the matter or to remand the case to the Service with specific instructions to adjudicate your application. The judge can not compel the USCIS to approve your application. Approval or denial are discretionary, adjudication is a non-discretionary duty of the USCIS. If USCIS already decided that they will grant the citizenship, they probably are willing to promise this in the stipulation to dismiss. However, I would not imply that they want to deny your application, but certainly, theoretically this may happen.

In my opinion, there is no way to force AUSA (and USCIS) to change the wording and promise you that your case will be "approved", instead "adjudicated". And this is not specific in the 9th Circuit, look and read the language of 1447(b) universally valid in the whole country.

I would sign that joint motion to dismiss without prejudice, with the wording that USCIS will adjudicate Plaintiff's application as soon as possible but not later that 30 days from the date of the order. I think that you will be fine, and your case will be approved.
 
When to contact US Attoney office after filing?

I filed WOM at the end of the November, and served all the defendants through certified mails. The return receipt from US attorney's office came back within 3 days, however I have not got receipts from two of the 4 defendants so far, including FBI. The USPS website showed all of the mails have been delivered.

I called attorney's office a week after I got the return receipt from them, however was transferred to an attorney's voice mail by the operator. The operator told me that my case had probably not been distributed yet since it was received a week ago. I called the office again a week later, and was told the same thing by the operator and was transferred to a different attorney's voice mail.

My questions are:

(1) What is a good time to contact the office?
(2) Do they have to receive the copies of all the return receipts before starting working on your case?
(3) Is it a good idea to go to the office and talk to them in person?
 
HI, Paz and Jack:

thanks for the input.

I found our founding father Publicus early input where he put this stiuplation in his joint motion for dismissal,

"In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter".

I stipulated similar thing in my joint motion, and waiting to get response from AUSA. will keep you posted.

Thanks
Sky


paz1960 said:
Hello Sky,
Unfortunately, I am almost sure that AUSA is right if we stick strictly to the language of the statue, and it is not unfair or dependent on the fact that you are Pro Se.

You can ask the court only to determine the matter or to remand the case to the Service with specific instructions to adjudicate your application. The judge can not compel the USCIS to approve your application. Approval or denial are discretionary, adjudication is a non-discretionary duty of the USCIS. If USCIS already decided that they will grant the citizenship, they probably are willing to promise this in the stipulation to dismiss. However, I would not imply that they want to deny your application, but certainly, theoretically this may happen.

In my opinion, there is no way to force AUSA (and USCIS) to change the wording and promise you that your case will be "approved", instead "adjudicated". And this is not specific in the 9th Circuit, look and read the language of 1447(b) universally valid in the whole country.

I would sign that joint motion to dismiss without prejudice, with the wording that USCIS will adjudicate Plaintiff's application as soon as possible but not later that 30 days from the date of the order. I think that you will be fine, and your case will be approved.
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Jack:

I forgot to mention that AUSA informed me that FBI background check has been completed on 12/13/06 and sent back to CIS.

Sky

skyhigh7 said:
HI, Paz and Jack:

thanks for the input.

I found our founding father Publicus early input where he put this stiuplation in his joint motion for dismissal,

"In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter".

I stipulated similar thing in my joint motion, and waiting to get response from AUSA. will keep you posted.

Thanks
Sky
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Jack and Paz:

AUSA sent me email that he was informed by CIS that my case is approvable and there is no negative information in background check. so is this a good sign? shall I trust him and just sign the joint motion without protection clause such as Publicus's? my AUSA seems wont budge.

Sky

skyhigh7 said:
Jack:

I forgot to mention that AUSA informed me that FBI background check has been completed on 12/13/06 and sent back to CIS.

Sky
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Guys:

In 9th circuit court, court assumes jurisdiction once you filed your 1447b. I have early neutural conference in court on 1/12/2007. Shall I wait then to
have court approve my case potentially or shall I just take a chance sign the joint motion and remand case back to CIS and have them adjudicate.

Another thing is court may simply remand case back to CIS so I will waste my time. just cannot be too sure about AUSA. they are bigotory. I am very uneasy now :(

Sky
 
I think it is a very good sign. You should be able to finish your journey very soon. I agree with Paz and please make sure to include the time limit for USCIS to adjusticate your case, such as 30 days, in your joint motion.

Congradulations!!!

Jack

skyhigh7 said:
Jack and Paz:

AUSA sent me email that he was informed by CIS that my case is approvable and there is no negative information in background check. so is this a good sign? shall I trust him and just sign the joint motion without protection clause such as Publicus's? my AUSA seems wont budge.

Sky
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Jack, Paz:

I put in stipulation in joint motion such as: In case CIS haven't adjudicated by 12/31/06, the case will revert back to this court and assume jurisdiction over this case".

My AUSA haven't responded to it. not taking my calls. why is he so bigotry.
I am so frustrated. This is our bottom line.

Sky

cajack said:
I think it is a very good sign. You should be able to finish your journey very soon. I agree with Paz and please make sure to include the time limit for USCIS to adjusticate your case, such as 30 days, in your joint motion.

Congradulations!!!

Jack
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Great thanks to all of you out there

Thanks again for the valuable information. I beleive that my case would be dismissed if was submitted as it is. Thanks for all your comments and feel free to add more suggestions to benefit all of us.

Thank you.
 
paz1960 said:
If this lawyer is YOUR lawyer, you should trust him. A lawyer (a good one) typically knows more about these immigration issues than anybody here on this forum (remember we are all amateurs, not professionals).

I think that WOM should work also. One of the criteria for WOM is that the agency delayed to adjudicate your application with an unreasonable amount of time. Now, what is unreasonable? Fortunately, in a naturalization application the statue specifies the timeline and provides a consequence if USCIS doesn't adjudicate your case in 120 days after the examination. So everything over 120 days is a violation of the statue and it is unreasonable.

If USCIS allege that the delay is reasonable in light of the backlog that exists with FBI name/background checks, you can use the argument I read in RealsuperK's Opposition to Motion to Dismiss: "However, the defendants failed to provide a statue or a regulation that would define and/or quantify “a reasonable delay”. Alternatively, the defendants failed to provide a statue or a regulation that would define and/or quantify “an unreasonable delay”. The only definition in the statue for the reasonable processing time is the 120 day limit.

In this aspect a WOM filed in a naturalization case where the applicant already had his/her interview is different from an AOS case or naturalization case without the interview. In these two latter cases there is no mandatory timeline specified by the statue.

I also saw cases when the Plaintiff filed a complaint based both on 1447(b) and WOM.
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Hi Paz!
Can you guide me to this "RealsuperK's Opposition to Motion to Dismiss:" or post it here or guide me to the thread? I have submitted the WOM for green card and want to prepare for this motion in advance.
 
todundmaiden said:
I filed WOM at the end of the November, and served all the defendants through certified mails. The return receipt from US attorney's office came back within 3 days, however I have not got receipts from two of the 4 defendants so far, including FBI. The USPS website showed all of the mails have been delivered.

I called attorney's office a week after I got the return receipt from them, however was transferred to an attorney's voice mail by the operator. The operator told me that my case had probably not been distributed yet since it was received a week ago. I called the office again a week later, and was told the same thing by the operator and was transferred to a different attorney's voice mail.

My questions are:

(1) What is a good time to contact the office?
(2) Do they have to receive the copies of all the return receipts before starting working on your case?
(3) Is it a good idea to go to the office and talk to them in person?
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Hello todundmaiden, welcome to this forum!
(1) there is no definite answer to this question; as you already experienced, if you call too early, your case may not be assigned to an AUSA. However, in my opinion, it is good to establish a contact as early as possible with the AUSA, because (s)he can push FBI and USCIS to start working on your case. Keep calling them once a week, ultimately you will find out who was assigned to your case. Depending on the district, they may be busy or not so.
(2) I don't know the answer to this, I'm just guessing that they need only to have their own copy of your complaint. But certainly not much will happen before the DHS nad USCIS office of general counsel is served, because typically they initiate the expedited name check with FBI
(3) I talked first to AUSA on the phone and managed to set up a personal appointment because I think that I am more effective establishing contacts in personal conversations than on the phone. This really depends on your personality, comfort zone...
 
skyhigh7 said:
HI, Paz and Jack:

thanks for the input.

I found our founding father Publicus early input where he put this stiuplation in his joint motion for dismissal,

"In Case Plaintiff is not naturalized by January 31, 2006, the case will revert back to the Court who will then have jurisdiction over the matter".

I stipulated similar thing in my joint motion, and waiting to get response from AUSA. will keep you posted.

Thanks
Sky
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As I remember, in the case of Publicus, USCIS and AUSA signaled him, that his case will be approved after dismissal, so they didn't object to include the word "approved" in the joint stipulation.

In your case, because AUSA is firm about the term "adjudicate", I don't think that insisting in the stipulation to include the word "approve", will fly. You can't revert back your case to the court if they adjudicate your case till the deadline set by the court but this decision is denial (I'm talking about the theoretically possible decision; in your case it is clear, that you will get approval, see below). If the case is remanded to the USCIS, they regain full jurisdiction and they have to comply to the court order to adjudicate your application. Approving it or denying it is a discretionary act. Of course, they can't simply deny it, without any reason, it is not SO discretionary, they would have a strong reason.

If your application would be denied, you can't reopen the present case. First you would have to file an administrative appeal with USCIS(I think in 30 days after the denial) and USCIS would have to schedule a review of your case in 180 days by a senior officer. If the denial is maintained you would be able to file an another complaint with the court, this time based on 8 U.S.C. 1421(c).

But as you stated in one of your later posts, AUSA told you that USCIS let him know that your background check didn't produce any negative info and your case is approvable. AUSA would not lie to you, I never saw a single case when AUSA intentionally deceived with a lie the Plaintiff to trick him/her to dismiss the case and after that the application was denied.

Bottom line: congratulations, your case will be approved very soon after you sign the joint motion to dismiss. I think that the risk doing so is next to zero.
 
Since i last posted when i had my first Pre-Trial conference, i just received a letter from the USCIS requesting a "Follow-up" Interview next week. They have asked for tons of documentation from years 2000 to present.
A little history, i was married and my GC was marriage based...but filed for a divorce in 2005 before the N-400 application. THe marriage was is good-faith but did not work out..Nevertheless the n-400 was based on 5 years residency.
Not sure why the DO has asked for all of this documentation...but i have all old records so lets see. Not sure what to expect...but this Followup interview is after the AUSA told me the Pre-Trail last week that he would get the whole process wrapped up in 2 weeks or so....
Any thoughts? Maybe wish good luck ?
 
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