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

Hi Saarlaender..
you stated "I served the court with electronic proof of delivery where I did not receive a return receipt (FBI)."

how did you do that ?? I am in the similar boat and didn't receive any return receipt from FBI. Although I took the print out (given by USPS which shows that it was delivered to FBI on such & such date) and filed it with the court with other return receipts. when I check PACER it doesn't show anything related to serving FBI or an answer due date from them. But it does show all the other defendant's with their corresponding due dates. Not sure what to do with the FBI one ???

Paz and other senior folks...could you please comment on the above..

Thanks much.
 
gctarget06 said:
Hi Saarlaender..
you stated "I served the court with electronic proof of delivery where I did not receive a return receipt (FBI)."

how did you do that ?? I am in the similar boat and didn't receive any return receipt from FBI. Although I took the print out (given by USPS which shows that it was delivered to FBI on such & such date) and filed it with the court with other return receipts. when I check PACER it doesn't show anything related to serving FBI or an answer due date from them. But it does show all the other defendant's with their corresponding due dates. Not sure what to do with the FBI one ???

Paz and other senior folks...could you please comment on the above..

Thanks much.
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Unfortunately, this depends on the Local Rules. In my district court they accepted as proof of delivery the USPS receipts I received when I mailed the certified mails + the USPS tracking web site printouts for the delivery dates confirmations, together with the filled affidavits at the bottom section of the summonses.

I heard that there are courts where they insist to file the original green cards (return receipts). If this is the case, you will need to find a workaround, because FBI never returned to me the return receipt (green card) and this is very frequent in most of the other forum members' cases.
 
paz1960 said:
Unfortunately, this depends on the Local Rules. In my district court they accepted as proof of delivery the USPS receipts I received when I mailed the certified mails + the USPS tracking web site printouts for the delivery dates confirmations, together with the filled affidavits at the bottom section of the summonses.

I heard that there are courts where they insist to file the original green cards (return receipts). If this is the case, you will need to find a workaround, because FBI never returned to me the return receipt (green card) and this is very frequent in most of the other forum members' cases.
Click to expand...


Thanks for the prompt response Paz...when I talked to civil clerk in the court she said she doesn't have any idea if Judge will accept the USPS print out or not...you can try sending it to us and see what you get...how do I know if court accepted/rejected this as I haven't heard anything from the court. and nothing (accepted/rejected) is there in the PACER either...aren't they supposed to notify me that they didn't accept this ?? whats the work around for this ???? thanks much in advance.
 
WoM, status hearing set -please ADVISE

Dear Paz,

Thank you very much for the valuable information you have posted here!!!

Can I please get your advice??? After browsing this forum for a while and collecting the information, I finally submitted my WoM lawsuit (I-485, name check pending). Right away after file the suit, I’ve got a note from the court that status hearing is set for 3/8/2007. It will be only 45 days since I filed the case. I ‘m still waiting for the return receipts (green cards) to come back from the defendants, US attorney, and US attorney General.

The questions are:
1) What should I prepare for the hearing besides facts/claims I stated in my WoM?
2) What is the usual procedure for the hearing?
3) Should I contact US Attorney before the hearing date?

I would really appreciate any help and advice,
Thank you,
Alika
 
gctarget06 said:
Thanks Paz. I tried to download/open these exhibits but couldn't do it. it says "errors opening......" any one else is facing the same ???


Thanks.
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It works for me, I just checked. And because around 60 people already viewed them and you are the first complain, I assume that the problem is at your end. I'm using Internet Explorer ver. 6, SP1 and Adobe Acrobat 7.0 Standard.
 
paz1960 said:
It works for me, I just checked. And because around 60 people already viewed them and you are the first complain, I assume that the problem is at your end. I'm using Internet Explorer ver. 6, SP1 and Adobe Acrobat 7.0 Standard.
Click to expand...

Yep...it works for me too now...don't know what the heck was wrong last time...anyways....sorry for the confusion and thanx for your response.
 
When to File - How long to wait?

I have been stuck in this name check - even though I have no hope of this clearing by itself, I am not sure If I should file WOM now or wait "to make my case stronger". Everyone seems to wait around 1 year..

Can experts suggest me anything? I do not want to wait forever. I do not want to wait till my FP expire and then do this again.

Please advise :confused: :confused: :confused:
 
pankajkandhari said:
I have been stuck in this name check - even though I have no hope of this clearing by itself, I am not sure If I should file WOM now or wait "to make my case stronger". Everyone seems to wait around 1 year..

Can experts suggest me anything? I do not want to wait forever. I do not want to wait till my FP expire and then do this again.

Please advise :confused: :confused: :confused:
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Most of the courts who ruled on similar cases in the favor of Plaintiff, considered that waiting 2 or more years is unreasonable. I know that this is not good news for you, I'm just telling you what I saw in other similar cases, which reached the judge.

I would be less worried about a 2nd FP, they don't charge you for that and usually it is cleared in 24 hours.
 
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zevs said:
Dear Paz,

Thank you very much for the valuable information you have posted here!!!

Can I please get your advice??? After browsing this forum for a while and collecting the information, I finally submitted my WoM lawsuit (I-485, name check pending). Right away after file the suit, I’ve got a note from the court that status hearing is set for 3/8/2007. It will be only 45 days since I filed the case. I ‘m still waiting for the return receipts (green cards) to come back from the defendants, US attorney, and US attorney General.

The questions are:
1) What should I prepare for the hearing besides facts/claims I stated in my WoM?
2) What is the usual procedure for the hearing?
3) Should I contact US Attorney before the hearing date?

I would really appreciate any help and advice,
Thank you,
Alika
Click to expand...
Hello Alika,
I don't have personal experience with this, I saw my judge only during the Oath Ceremony. But what I read on this forum and in the Pro Se handbook and other regulations, I believe that you don't need anything else besides to be really familiar with your complaint. I remember a member of this forum, who stated that the judge dismissed all cases where the Pro Se Plaintiff was not able to present his/her case briefly during a hearing.

I think that the hearing will go similar to the following scenario:
-you present briefly your case, the facts (have your exhibits with you) and the reason why you believe that you are entitled to the relief sought.
-after that AUSA will present the defendants' arguments, why they think that you should not get what you are asking, or (s)he will present simply what steps were taken to solve your case and what is their estimate, how much time they need
-after that the judge will instruct the parties about the further steps.

These are just guesses, somebody who actually went through this can give you a better idea.

Because the hearing date is only 2 weeks before the 60 day deadline to answer the complaint, I certainly would contact AUSA before the hearing and try to build a good working relationship with him/her.
 
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OK guys here is update in my case I went for my third FP appointment and its was crowded there. Any ways finally after 2 hours of getting in line when that guy started taking my finger print he said that your FP are current why you are here again.

I told him I got this third FP notice and he was like ya I know but it looks like error at TSC part. They should have looked the system before sending FP notice. He said that he can not take another FP set because current one are valid. He just stamped the FP notice that I appeared for FP then gave me back.

Then he looked and said that your file is it interview queue now and I was like I know that from about a year now tell me some thing new. He was not able to see name check.

I am going to call my US attorney now and check with him what is the deal with it.
 
gctarget06 said:
Thanks for the prompt response Paz...when I talked to civil clerk in the court she said she doesn't have any idea if Judge will accept the USPS print out or not...you can try sending it to us and see what you get...how do I know if court accepted/rejected this as I haven't heard anything from the court. and nothing (accepted/rejected) is there in the PACER either...aren't they supposed to notify me that they didn't accept this ?? whats the work around for this ???? thanks much in advance.
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Again, I don't know for sure the answer to your question. In my case they accepted the web printouts and didn't ask for the green cards. I used the printouts even in the cases where I had the green cards (I got all of them back minus FBI).

Some people suggested the following workarounds:
- you can go to the local post office and ask them to print out a delivery confirmation to replace the missing green card and file this as a proof of delivery (with the receipt you received when you mailed the letters)
- you can hire a company who will do the serving and get a signature when they deliver your complaint+summons
- you can simply ignore that FBI didn't return the green card. You did your best, you filed proof which is acceptable in many courts and anyway the case will be mainly handled by the local AUSA. This is the weakest, and it is just a guess, that ultimately this may work also. I think that it is not very likely that the court would dismiss your lawsuit based on this technicality, especially that you have some sort of proof that you served all of the defendants and you filed also a Certificate of Service with your affidavit (declaration under perjury that you did the servings)
 
wenlock said:
OK guys here is update in my case I went for my third FP appointment and its was crowded there. Any ways finally after 2 hours of getting in line when that guy started taking my finger print he said that your FP are current why you are here again.

I told him I got this third FP notice and he was like ya I know but it looks like error at TSC part. They should have looked the system before sending FP notice. He said that he can not take another FP set because current one are valid. He just stamped the FP notice that I appeared for FP then gave me back.

Then he looked and said that your file is it interview queue now and I was like I know that from about a year now tell me some thing new. He was not able to see name check.

I am going to call my US attorney now and check with him what is the deal with it.
Click to expand...
Tell him also the story with this 3rd FP, just to show him how competently are working his clients...
 
paz1960 said:
Tell him also the story with this 3rd FP, just to show him how competently are working his clients...
Click to expand...


I am planning to use this in Motion to dismiss if I needed to through that route.
 
Paz, THANK YOU a lot for your reply.

Alika

paz1960 said:
Hello Alika,
I don't have personal experience with this, I saw my judge only during the Oath Ceremony. But what I read on this forum and in the Pro Se handbook and other regulations, I believe that you don't need anything else besides to be really familiar with your complaint. I remember a member of this forum, who stated that the judge dismissed all cases where the Pro Se Plaintiff was not able to present his/her case briefly during a hearing.

I think that the hearing will go similar to the following scenario:
-you present briefly your case, the facts (have your exhibits with you) and the reason why you believe that you are entitled to the relief sought.
-after that AUSA will present the defendants' arguments, why they think that you should not get what you are asking, or (s)he will present simply what steps were taken to solve your case and what is their estimate, how much time they need
-after that the judge will instruct the parties about the further steps.

These are just guesses, somebody who actually went through this can give you a better idea.

Because the hearing date is only 2 weeks before the 60 day deadline to answer the complaint, I certainly would contact AUSA before the hearing and try to build a good working relationship with him/her.
Click to expand...
 
paz1960 said:
Again, I don't know for sure the answer to your question. In my case they accepted the web printouts and didn't ask for the green cards. I used the printouts even in the cases where I had the green cards (I got all of them back minus FBI).

Some people suggested the following workarounds:
- you can go to the local post office and ask them to print out a delivery confirmation to replace the missing green card and file this as a proof of delivery (with the receipt you received when you mailed the letters)
- you can hire a company who will do the serving and get a signature when they deliver your complaint+summons
- you can simply ignore that FBI didn't return the green card. You did your best, you filed proof which is acceptable in many courts and anyway the case will be mainly handled by the local AUSA. This is the weakest, and it is just a guess, that ultimately this may work also. I think that it is not very likely that the court would dismiss your lawsuit based on this technicality, especially that you have some sort of proof that you served all of the defendants and you filed also a Certificate of Service with your affidavit (declaration under perjury that you did the servings)
Click to expand...

Just want add one more thing to your suggestions:
I went to Local Post Office, if you tell them your green cards missing, they will acturally print out a cofirmation copy with receiever's signature on it, also it includes data, address, and mail number. I think it should do it.
 
"- you can go to the local post office and ask them to print out a delivery confirmation to replace the missing green card and file this as a proof of delivery (with the receipt you received when you mailed the letters)" ----Thats exactly what I did while filing it it with other green return receipts...this receipt from USPS had a signature and date printed on it....My fingers are crossed now....lets see how it goes...I am planning to call Civil Clerk to see if she has a clue...

Thanks a lot Paz...
 
paz1960 said:
Tell him also the story with this 3rd FP, just to show him how competently are working his clients...
Click to expand...

I just talked to my US attorney and he assured me that do not worry about third finger printing he understands that his clients screwed up again. He also understood that this whole thing is going against them and assured me he is pressuring the authorities to resolve it as soon as possible.

I am hoping for best lets see what happens next.
 
Filed Today in Michigan Eastern district

O.K. folks, after 8 months of coming to this forum and reading all the posts, today I filed my suit in Michigan Eastern district court. In court it took hardly 10 minutes for summons and complaint to get ready. Gave 9 complaints (one original signature, rest copies), 2 civil cover sheet (1 original signature other copy), two set of summons and two copies of exhibits. Clerk kept both civil cover sheets, 2 complaints and 2 copies of exhibits and returned to me 7 complaints with labels, two set of original summons. Clerk used labels instead of stamp for case number and judge name. Served summon to AUSA right after filing. I will be mailing the other summons tomorrow. Court clerk was not cooperative at all. For all of my questions she said, “If you’re filing you must know that”.
Thank you.
 
paz1960 said:
I respectfully disagree with some parts of your post. It is more likely now than in the past that "all you have to do is copy past (change to your personal info), take to court, mail summons and you are set" will not be enough, considering that the lawsuit will not necessary automatically trigger the expedited name check processing. It will take a lot more preparation to be able to Oppose a Motion to Dismiss or to go to a hearing in front of the judge and defend your case orally. One should consider going Pro Se only if you are willing to get well prepared and determined to fight till the end.

However, by no means I want to discourage anybody to file a complaint Pro Se. Contrary, I would encourage anybody who is willing to dedicate enough time and effort to educate him/herself with these issues associated to a full fledged lawsuit to not just sit and wait. I wasted two years and tried everything but filing the lawsuit and nothing else worked.
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I agree with u paz1960 that it is not as easy as "copy and paste" :) actually I was trying to say that after reading this blog and learning from pros like yourself it is fairly easy to go pro se. I have second interview next week which will be video taped and will last 2 hours. Even though I have not heard any thing back from the judge yet which court told me last month my case after US Attorney filed a rebuttal was reffered to judge.
 
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