Since this whole Name check mess is funding related (Not enough FBI agents), I don't see this backlog to be over anytime soon. The USCIS should pay FBI more for the namecheck and should take the extra $$ from the applicants. I think we should write to our congressman & senators to implement this in to law.I think all of us are willing take a hit in our pocket rather than take a hit in our sleep for years.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
USCIS already proposed hike to fees, for ex. 485 will cost around 900$.
They call it "Building an Immigration Service for the 21st Century" which
translates from government language as "give me more money"
They call it "Building an Immigration Service for the 21st Century" which
translates from government language as "give me more money"
gcbez said:Since this whole Name check mess is funding related (Not enough FBI agents), I don't see this backlog to be over anytime soon. The USCIS should pay FBI more for the namecheck and should take the extra $$ from the applicants. I think we should write to our congressman & senators to implement this in to law.I think all of us are willing take a hit in our pocket rather than take a hit in our sleep for years.
paz1960 said:Besides your complaint, you need a Civil Cover Sheet and summonses for each defendant + US Attorney's Office in your federal district + US Attorney General (if he is a party, you don't need second set).
thank you, paz960! it sounds the following form are what I need to file WOM, please correct me if I am wrong.
by the way,
1. what's "US Attorney's Office in your federal district + US Attorney General"?
2. when I file this, will this go to the federal court? I found this: ...Required by lawsuit pending in federal court...
Forms are needed if I filed by myself against FBi name check pending
JS 44-Civil Cover Sheet (Revised 11/04) --Fillable PDF Form
AO 440 - Summons in a Civil Action --Fillable PDF Form
please correct me if I am wrong. thank you all!
Last edited by a moderator:
Thank you paz
Hey paz my man,
Can’t tell you how happy I’m to see you are still here in this forum and helping us. Thank you so much for all that you have done and still doing.
I have already down loaded all of the items that you have posted. Please post or send any other important motions and counter motions that you have.
Thank you again and have a wonderful weekend.
Hey paz my man,
Can’t tell you how happy I’m to see you are still here in this forum and helping us. Thank you so much for all that you have done and still doing.
I have already down loaded all of the items that you have posted. Please post or send any other important motions and counter motions that you have.
Thank you again and have a wonderful weekend.
Unless there is some communication problems and I misunderstood you, you didn't do your homework. You really should take this thing seriously and you should read a lot before you are considering filing a lawsuit Pro Se against the government.bobyang3 said:thank you, paz960! it sounds the following form are what I need to file WOM, please correct me if I am wrong.
by the way,
1. what's "US Attorney's Office in your federal district + US Attorney General"?
2. when I file this, will this go to the federal court? I found this: ...Required by lawsuit pending in federal court...
Forms are needed if I filed by myself against FBi name check pending
JS 44-Civil Cover Sheet (Revised 11/04) --Fillable PDF Form
AO 440 - Summons in a Civil Action --Fillable PDF Form
please correct me if I am wrong. thank you all!
Filing a lawsuit is not merely filing out some forms. You will need to write a complaint, which is the main part of your lawsuit, the summonses and civil cover sheet are just the necessary additions.
And yes, the lawsuit is going to a federal court. Because you have to file with the district court where you reside. All the immigration matters are federal cases.
When you file a complaint against the US, besides the defendants, you need to serve a copy of the complaint and a summons to the US Attorney General and one set to the US Attorney's Office in the district where the lawsuit is filed. The US Attorney will be the counsel of the defendants in all cases when you sue the Government. All these things were explained in great details several times in this forum.
thank you, paz1960!
yes, I am still reading and researching about WOM. I try to understand it very well before I start it, but I am not quiet clear on that yet.
here is what I thought
1. go to get pro se package (someone said it is online but I haven't found it it...) (an Notice of Assignment to US Magistrate Judge for Discovery / Notice to Counsel - copies of Summons,one original with seal for my record and one to be copied and sent to defendants - an copy of my complaint with case number assigned)
2. mail summons with certificate mail to the defendents
3. submit the mail certificates to the court
4. Assistant US Attorney will be assigned. (is this the same as General US attoney?)--- this is the part I don't really understand.. will I get a free attoney from the court to help me out?
therefore, those forms are not really related to WOM? I went to the gov website and those are the form I found so far about civil.
thank you again, paz1960!!
yes, I am still reading and researching about WOM. I try to understand it very well before I start it, but I am not quiet clear on that yet.
here is what I thought
1. go to get pro se package (someone said it is online but I haven't found it it...) (an Notice of Assignment to US Magistrate Judge for Discovery / Notice to Counsel - copies of Summons,one original with seal for my record and one to be copied and sent to defendants - an copy of my complaint with case number assigned)
2. mail summons with certificate mail to the defendents
3. submit the mail certificates to the court
4. Assistant US Attorney will be assigned. (is this the same as General US attoney?)--- this is the part I don't really understand.. will I get a free attoney from the court to help me out?
therefore, those forms are not really related to WOM? I went to the gov website and those are the form I found so far about civil.
thank you again, paz1960!!
Last edited by a moderator:
This is message 1
Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. See below an example of a cover sheet. Make sure you use your district court's cover sheet. You may download it online.
Steps to take to file a lawsuit:
1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. See below an example of a cover sheet. Make sure you use your district court's cover sheet. You may download it online.
bobyang3 said:thank you, paz1960!
yes, I am still reading and researching about WOM. I try to understand it very well before I start it, but I am not quiet clear on that yet.
here is what I thought
1. go to get pro se package (someone said it is online but I haven't found it it...) (an Notice of Assignment to US Magistrate Judge for Discovery / Notice to Counsel - copies of Summons,one original with seal for my record and one to be copied and sent to defendants - an copy of my complaint with case number assigned)
2. mail summons with certificate mail to the defendents
3. submit the mail certificates to the court
4. Assistant US Attorney will be assigned. (is this the same as General US attoney?)--- this is the part I don't really understand.. will I get a free attoney from the court to help me out?
therefore, those forms are not really related to WOM? I went to the gov website and those are the form I found so far about civil.
thank you again, paz1960!!
thank you all. I finally understand the process...
(in chinese) http://immigration.wenxuecity.com/BBSView.php?SubID=cdh&MsgID=164
After file it, the court will contact United States Attorney Office. The United States Attorney Office will contact USCIS and USCIS will contact FBI. Once Name check is done, they will contact Assistant Attorney in the US Attorney Office.
(in chinese) http://immigration.wenxuecity.com/BBSView.php?SubID=cdh&MsgID=164
After file it, the court will contact United States Attorney Office. The United States Attorney Office will contact USCIS and USCIS will contact FBI. Once Name check is done, they will contact Assistant Attorney in the US Attorney Office.
Unfortunately, this is not exactly correct.bobyang3 said:thank you all. I finally understand the process...
(in chinese) http://immigration.wenxuecity.com/BBSView.php?SubID=cdh&MsgID=164
After file it, the court will contact United States Attorney Office. The United States Attorney Office will contact USCIS and USCIS will contact FBI. Once Name check is done, they will contact Assistant Attorney in the US Attorney Office.
The court will not contact the US Attorney's Office. An Assistant US Attorney (AUSA) will be assigned to your case in their office (this is their internal business, who will be assigned to your case). This AUSA's main duty will be to represent the defendants (USCIS, FBI, DHS, DOJ) in the lawsuit, not necessary to help Plaintiff. USCIS and FBI (and the other defendants) will know about your lawsuit, because you have to serve them a copy of your complaint and a summons to each of them. BEFORE Dec. 22, 2006, usually the Office of General Counsel in DHS/USCIS requested an expedited processing of the name check from FBI for applicants who filed a lawsuit against them. In most of the cases, FBI was able to complete the name check and after that USCIS to adjudicate the application before the 60 days (plus eventually one or two 30-day extension) would expire, which means, that the court practically didn't have to intervene. However, there were some cases, when Defendants filed a Motion to Dismiss, this was opposed by the Plaintiffs (in most of such cases, with the notable exception of Danilov v. Aguirre case). The judge may order a hearing or rule based on the papers filed with the court. If defendants filed an Answer (not a motion), usually followed some pre-trial hearing (initial case management conference, or something like this) and eventually a hearing. The judge usually ruled at the end of the hearing, in some cases remanding the matter to the defendants with specific instructions in some other cases without any meaningful instructions. There were couple of courts, which dismissed Plaintiff's complaint, considering defendants' arguments of lack of subject matter jurisdiction.
Now, because USCIS apparently stopped to request automatically an expedited processing of the name check as soon as a complaint is filed (so far nobody posted this memo dated on Dec. 22, 2006), it is very likely that AUSA will fight these cases and Plaintiffs should be prepared that the case will reach the judge either in the form of a Motion to Dismiss and Opposition to this motion, or an actual hearing, where both sides will present orally their arguments.
Because your case is an Adjustment Of Status, you will be able to file only a Writ of Mandamus lawsuit. There was a very good Practice Advisory posted on this forum (probably several times) written by the American Immigration Law Foundation, entitled: Mandamus actions: avoiding dismissal and proving the case. I would recommend to read this. Here is the link: http://www.ailf.org/lac/lac_pa_081505.pdf
Last edited by a moderator:
wom said:I have filed WOM without having a FOIPA document. Should I request FOIPA and amend complaint, or just not bother. Your opinion?
Thanks!
If your case is based on 1447(b) you should be ok. If it is WOM it might be a good idea to request FOIPA request but do not amend complaint if you already filed at this point. Wait and see how US attorney respond if you get to Motion to opposition stage add your FOIPA at that time.
It is always good idea to get all the documentation together in case of WOM before filing. But if it is 1447(b) you are good you do not have to prove any thing other then 120 days are over after interview.
1447(b) entitles you for hearing after 120 days of interview without any struggle on your part to resolve issue with USCIS. it is good if you have some documented facts but it is not mandatory. It just shows Judge that you tried good faith effort before coming to court.
paz1960 said:Unfortunately, this is not exactly correct.
The court will not contact the US Attorney's Office. An Assistant US Attorney (AUSA)
I concure with Paz. US attorney represent Govt. If you filled against both FBI and USCIS he will contact attorney of both agencies. Usually office of General counsel of both agencies assign attorney to work with your US attorney. They all follow up on your case. You US attorney mostly just follow advice of both agencies general counsel. Both agencies have electronic access to your case in pacer and watch activity as your US attorney proceed with the case.
After you file you can try to reach your US attorney assigned to your case and tell him that you are willing to voluntarily withdraw your complaint if defendents can adjudicate your application as soon as possible. It gives some arguments to your US attorney to go and negotiate with both agencies general cousel offices that we can settle case with out going further if we adjudicate plaintiff's application.
If your US attorney can convince them then they might try to resolve issue or might Plead in opposition. It is completly based on luck some times they fight some times they ask for extensions and settle. Based in Dec 22nd theory they might give you more hard time but they might not. I have seen cases where people got approvals filling after Dec 22nd and got name check expediated.
Bottomline is Hope for the best prepare for the worst.
786riz said:Hey paz my man,
Can’t tell you how happy I’m to see you are still here in this forum and helping us. Thank you so much for all that you have done and still doing.
I have already down loaded all of the items that you have posted. Please post or send any other important motions and counter motions that you have.
Thank you again and have a wonderful weekend.
I agree 100% I am watching this forum for about a year now and trust me I think after Publics I think Paz so far is the most valuable contributor on this forum NOT to undermine others. But Paz definatly took a lot of time and effort to answer other people questions and suggestions.
My whole heart best wishes and prayers go for this great contributor of this forum. Glad to see he is still active member of this forum after his well deserved victory.
Paz my man God bless you
Thanks to every one who contributed and still contributing with valueable information over here.
The second one is probably a magistrate judge. It happened in my case too. All the initial case handling, e.g., granting extension, rule on dispositive motions, will be done by the magistrate judge; the final order will be signed by the district judge (the first you listed). The opinion of the magistrate judge can be appealed at the district judge.786riz said:Hi Folks,
I have filed my case on 2/1/2007. I saw there are two judges name written on my case, could someone tell me what does it mean?
Assigned to: Honorable Victoria A Roberts
Referred to: Honorable Paul J Komives
Thank you.
micahel1008
Registered Users (C)
gmlvsk said:USCIS already proposed hike to fees, for ex. 485 will cost around 900$.
They call it "Building an Immigration Service for the 21st Century" which
translates from government language as "give me more money"
In my personal opinion, it is not just money, it is also due to this stupid name check precedure. It is not just your name, but your name with all possible combination (good luck if you have a very complicated name and go through automatic computer check smoothly). My guess is there are 10~15% of people be caught by common name, non-relevant issue. I do believe some people may have some personal problem, but I doubt 99% of those caught are false alarm which cause unnessary delay. I suppot anti-terriost war, but I dont think this stupid process can catch any terriost but cause a lot of innecent people suffer. It is the time for FBI and USCIS to think, should they be a little smart to against terroist instaed of using some stupid useless criteria?
Thank you for the quick response. I got it, I also saw in the Pro Se handbook of CA.
paz1960 said:The second one is probably a magistrate judge. It happened in my case too. All the initial case handling, e.g., granting extension, rule on dispositive motions, will be done by the magistrate judge; the final order will be signed by the district judge (the first you listed). The opinion of the magistrate judge can be appealed at the district judge.