parsfalcon
Registered Users (C)
N-400 lawsuit
In CA, Central District
In CA, Central District
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
finger prints
hi guys,
I have a pending I-485 case and my fingerprints expired last month and I still did not receive any letter to go an do new FP...
I called the USCIS and spoke to 2 officers, one told me that I should go in person to the district office and request a FP apointment, and the other told me that this will not work and that I should wait until the namecheck is cleared they will see that my FP expired and schedule another apt. (she also said that on average, NC are taking between 24 and 36 months!)
my question is:
1- should I make an infopass apt. and try to schedule another FP (will they accept to schedule one for me) ? or should I wait?
hi guys,
I have a pending I-485 case and my fingerprints expired last month and I still did not receive any letter to go an do new FP...
I called the USCIS and spoke to 2 officers, one told me that I should go in person to the district office and request a FP apointment, and the other told me that this will not work and that I should wait until the namecheck is cleared they will see that my FP expired and schedule another apt. (she also said that on average, NC are taking between 24 and 36 months!)
my question is:
1- should I make an infopass apt. and try to schedule another FP (will they accept to schedule one for me) ? or should I wait?
parsfalcon
Registered Users (C)
if anyone is interested in Mohamed's case documents, I've downloaded them all from PACER and can zip and email it. There were too many pages. Please send me a private message with your email address. Thanks.
parsfalcon
I don't see much benefit trying to get another FP before your name check is not finished. From many cases (with some exceptions) I saw, receiving the 2nd FP notification was a good indicator that the name check was completed. These were all pending lawsuits.
USCIS can schedule a FP with short notice and clearing the FP is a matter of 1-2 days. This is what you can gain having your FP done before the name check is completed. Many times USCIS will not schedule the new FP if the name check is not complete.
To amend original complaint or to incorporate into arguments in opposition brief?
If there're statutes that I did not cite in the orginal complaint, it is OK to incorporte them into the arguments in the opposition brief against MTD? Or it is better to amend the original complaint?
If there're statutes that I did not cite in the orginal complaint, it is OK to incorporte them into the arguments in the opposition brief against MTD? Or it is better to amend the original complaint?
You can include them in opposition to prove your position, but they will not be considered as part of your original complaint. If you want them to be a part of your complaint, you need to file a motion for leave to file amended complaint.
It is possible, however, to combine opposition with motion for summary judgment. I am not sure how this will work (I am not a lawyer), but all arguments and facts included in motion for summary judgment are considered as part of the complaint.
Last edited by a moderator:
united2007
Registered Users (C)
I filed my Opposition today
Hello All Friends:
I have been working hard in the past two weeks to prepare my Opposition to MTD.
I was thinking about adding cross-montion for summary judgement in my OPP. However, due to two reasons I decided to go without a cross-motion.
(1) I don't think I am capable of preparing the OPP + a cross-montion + proposed order within the 2-3 week I have after the MTD.
(2) I don't want to push the judge. I even don't want to corner AUSA. I know AUSA is simply working his/her job, and they almost have no control on anything. All I want is my GC.
I can be totally wrong. However, each person can make their own decision based on their own particular situation.
I think my OPP is as good as I can do, and I do think it is reasonably good. However, I also know the decision totally depends on the judge's viewpoint, although I do believe we have a better chance to win if the judge is a not unreasonable person.
According to my personal experience, preparing the OPP is really a time- and energy-consuming process. Meanwhile, it is an interesting experience, because it forces you to go one step deeper into the field of "law", and thus understand it better.
Of course, all of these is under the condition that you have 3-5 extra hours each working day and all of the weekends, and are willing to only sleep for 5-6 hours a day, because you have to do a lot things in the 2-3 weeks:
(1) to study every sentence of the MTD to make sure you fully understand Defendants' points
(2) to read enough number (~ 10 at least) of good cases (their Complaint, MTD/Summary Judgement, OPP, and order if there is one). To study the laws, the good cases, as well as their languages.
(3) to read most, if not all, of the cases cited in your MTD, and prepare some counter-arguments against those cases.
(4) to setup your OPP strategy, and the framework of your OPP. This is really critical. If your strategy is wrong, your OPP can be fundamentally weak.
(5) to write up your OPP with solid arguments supported by clear evidence, law, and/or orders. (Those arguments without supporting evidence, law, or court orders may harm your points.)
(6) to format your OPP according your local rules, and to make it to look like a professional legal document.
(7) to prepare a "certificate for service", and then to mail it to AUSA and file it to the Court.
Even with the help of this wonder forum, and a group of wonder people on this forum, during this course, you have to truly learn many things by yourself, and think for yourself, because you know your situation the best. That is, you can't expect to learn all you need from this forum for completing this journey. Your personal hard working is essential.
I was really excited when I finished all of these. Now if you ask me if I want to do it again, I will say I will think about it. ;-)
Now the ball is at AUSA's hand, and I really want to temporally forget about this, and pick up my normal life, at least for a few weeks.
Hello All Friends:
I have been working hard in the past two weeks to prepare my Opposition to MTD.
I was thinking about adding cross-montion for summary judgement in my OPP. However, due to two reasons I decided to go without a cross-motion.
(1) I don't think I am capable of preparing the OPP + a cross-montion + proposed order within the 2-3 week I have after the MTD.
(2) I don't want to push the judge. I even don't want to corner AUSA. I know AUSA is simply working his/her job, and they almost have no control on anything. All I want is my GC.
I can be totally wrong. However, each person can make their own decision based on their own particular situation.
I think my OPP is as good as I can do, and I do think it is reasonably good. However, I also know the decision totally depends on the judge's viewpoint, although I do believe we have a better chance to win if the judge is a not unreasonable person.
According to my personal experience, preparing the OPP is really a time- and energy-consuming process. Meanwhile, it is an interesting experience, because it forces you to go one step deeper into the field of "law", and thus understand it better.
Of course, all of these is under the condition that you have 3-5 extra hours each working day and all of the weekends, and are willing to only sleep for 5-6 hours a day, because you have to do a lot things in the 2-3 weeks:
(1) to study every sentence of the MTD to make sure you fully understand Defendants' points
(2) to read enough number (~ 10 at least) of good cases (their Complaint, MTD/Summary Judgement, OPP, and order if there is one). To study the laws, the good cases, as well as their languages.
(3) to read most, if not all, of the cases cited in your MTD, and prepare some counter-arguments against those cases.
(4) to setup your OPP strategy, and the framework of your OPP. This is really critical. If your strategy is wrong, your OPP can be fundamentally weak.
(5) to write up your OPP with solid arguments supported by clear evidence, law, and/or orders. (Those arguments without supporting evidence, law, or court orders may harm your points.)
(6) to format your OPP according your local rules, and to make it to look like a professional legal document.
(7) to prepare a "certificate for service", and then to mail it to AUSA and file it to the Court.
Even with the help of this wonder forum, and a group of wonder people on this forum, during this course, you have to truly learn many things by yourself, and think for yourself, because you know your situation the best. That is, you can't expect to learn all you need from this forum for completing this journey. Your personal hard working is essential.
I was really excited when I finished all of these. Now if you ask me if I want to do it again, I will say I will think about it. ;-)
Now the ball is at AUSA's hand, and I really want to temporally forget about this, and pick up my normal life, at least for a few weeks.
united2007
Registered Users (C)
one clarification
I am not posting this message to encourage Pro Se. Instead, hiring a *good* attorney really has its unique advantage. At least, AUSA will pay more attention to your case, because they know if they lose their MTD, they will be in a danger of paying your legal fee if they didn't resolve your case ASAP.
Also, it is so easy to make some fatal mistake if you didn't present your case properly in the OPP.
I choose to go with Pro Se for the following reasons:
(1) I already has a legal status, which allows me to work and live in US without limitation. (However, I do need GC for other critical benefits. )
(2) I begin to see my case is moving, and I got my second FP last week.
(3) I have been waiting for over 3.5 years, and waiting has become part of my life. :-(
(4) I don't trust attorneys in general because of my previous bad experience with them. They are not working as hard on my case as I did.
However, I do think, if you cannot devote a lot of time on your case, for the benefit of yourself and others, please do hire a laywer, and the earlier the better.
I am not posting this message to encourage Pro Se. Instead, hiring a *good* attorney really has its unique advantage. At least, AUSA will pay more attention to your case, because they know if they lose their MTD, they will be in a danger of paying your legal fee if they didn't resolve your case ASAP.
Also, it is so easy to make some fatal mistake if you didn't present your case properly in the OPP.
I choose to go with Pro Se for the following reasons:
(1) I already has a legal status, which allows me to work and live in US without limitation. (However, I do need GC for other critical benefits. )
(2) I begin to see my case is moving, and I got my second FP last week.
(3) I have been waiting for over 3.5 years, and waiting has become part of my life. :-(
(4) I don't trust attorneys in general because of my previous bad experience with them. They are not working as hard on my case as I did.
However, I do think, if you cannot devote a lot of time on your case, for the benefit of yourself and others, please do hire a laywer, and the earlier the better.
when shoud I call AUSA?
Hello everybody,
So we finally sued them for the naturalization adjudication, and served them and now the defendants have their 60 days to answer.
When do you think I should call AUSA and inquire about the case?
I know at the beginning of this thread it is suggested to wait till there's two weeks left till the deadline. My thinking is if we inquire about it earlier, maybe, just maybe, AUSA will work on our case more and not just ask for extension at the end of 60 days. That seems to be the trend in our disrict lately.
Does anybody have their oppinion?
Hello everybody,
So we finally sued them for the naturalization adjudication, and served them and now the defendants have their 60 days to answer.
When do you think I should call AUSA and inquire about the case?
I know at the beginning of this thread it is suggested to wait till there's two weeks left till the deadline. My thinking is if we inquire about it earlier, maybe, just maybe, AUSA will work on our case more and not just ask for extension at the end of 60 days. That seems to be the trend in our disrict lately.
Does anybody have their oppinion?
I do not think calling earlier than 2 weeks before deadline will help. Remember, AUSA is not processing your application.
If they ask for extension, you can always oppose but the court will usually grant extension anyway.
Ninyte,
I saw in your earlier posts you had not got your summons yet. Have they come now and have you sent them out ?
swimfitness
Registered Users (C)
please help
hey guys,
I need ur help, I am filing the WOM in Newark, NJ...
I never filed a lawsuite before so any help is appreciated.
1- when i go to NJ federal district court, where do i go in specific to file the law suite?
2- i will have 7 copies of my WOM, but would they provide me with a cover sheet? or should i have it before hand?
3- would they provide me the somons sheets?
I would appreciate ur help (Akram 88 and Paz please help if u read this)
Thanks
hey guys,
I need ur help, I am filing the WOM in Newark, NJ...
I never filed a lawsuite before so any help is appreciated.
1- when i go to NJ federal district court, where do i go in specific to file the law suite?
2- i will have 7 copies of my WOM, but would they provide me with a cover sheet? or should i have it before hand?
3- would they provide me the somons sheets?
I would appreciate ur help (Akram 88 and Paz please help if u read this)
Thanks
It can get confusing atthe court house if you are not prepared! Court Clerks dont help much. Make sure you have 2 civil cover sheets fully filled with any attachments they need as per local rules. also 2 copies of summons for each defendant listing all details. Make sure the defendants box list all defendants but the name address box list only the one that the summons is for. Basically when you go to the courthouse, the clerk will ask you for 2 copies of complaint signed by you + exhibits + 2 sets of summons + e civil coversheets
The clerk may then create a docket, and then stamp all your remaining complaint copies. How many complaint copies you need ? #of defendants + 1 for AUSA + 2 for court + 1 for you. Also make sure all your summons+return of service page = #of defedants * 2 are in order. Clerk will stamp all these summons and give you back the 2 sets. You mail one with the complaint and return the other to the court with the mailing info as proof of service for every summon. PM me if you still have questions. It can get confusing at the court if you are not prepared
Only Through Certified Or Registered Mail
Hye lotechguy and Hello to all!
hope everyone is doing fine here. It is only through certified or registered mail. Someone posted a judge order from a Florida court last month and the judge was mad on attorney because he served summons through Fed ex. regards, dude
Hye lotechguy and Hello to all!
hope everyone is doing fine here. It is only through certified or registered mail. Someone posted a judge order from a Florida court last month and the judge was mad on attorney because he served summons through Fed ex. regards, dude
DUDE is right; you can't use FedEx instead of registered or certified mail.
Here is a citation from the Northern District of California Pro Se handbook:
How do I serve the United States, its agencies, corporations, officers, or employees?
The rules for serving the complaint and summons on the United States government or its agencies, corporations, officers, or employees are stated in Rule 4(i) of the Federal Rules of Civil Procedure.
To serve the complaint and summons on the United States, you must:
1. a. Hand deliver the complaint and summons to the United States Attorney for the Northern District of California, or
b. Hand deliver the complaint and summons to an assistant United States Attorney or clerical employee designated by the United States Attorney in a writing filed with the clerk of the court, or
c. Send a copy of the summons and complaint by registered or certified mail addressed to the civil process clerk at the office of the United States Attorney for the Northern District of California;
AND
2. You must also send a copy of the summons and complaint by registered or
certified mail to the Attorney General of the United States in Washington, D.C.;
AND
3. If your lawsuit challenges the validity of an officer or agency of the United States but you have not named that officer or agency as a defendant, you must also send a copy of the summons and complaint by registered or certified mail to the officer or agency.
To serve the summons and complaint on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, you must serve the United States in the manner described above and send a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.
To serve the summons and complaint on an officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States, you must serve the United States in the manner described above and serve the employee or officer personally in the manner set forth by Rule 4(e), (f), or (g) of the Federal Rules of Civil Procedure.
Right, Dude, it's certified mail according to Federal Rules. And do not forget to request return receipt (a small green card
.I'm not sure if contacting my AUSA made any difference, but I want to believe that it did. I requested a meeting with him at his office and it was a good conversation. He understood better my position and the reason for the urgency in my application and he started to make contacts with FBI and USCIS, both with the Office of General Counsel and the District Office. So my recommendation is to try to contact AUSA as soon as you thinkthat your case was assigned to somebody (probably 2-3 weeks after the complaint+summons was served to the US Attorney's office). Try to build a good working relationship with AUSA. Although s/he is the counsel for the Defendants, you can make a friend who eventually can help you. Of course, there is no universally valid rule, AUSAs are also people and they are different. Maybe I was lucky and got one who tried to help. It is not purely humanitarian help; they also have to work less on your case if it is solved in an early stage of the litigation.
thx
thank u so much for ur help lotechguy...
1- where can i get the below from? I am applying in NJ
a) civil cover sheets
b) copies of summons cover sheet
2- do I have to have exhibits? if yes, can u please give examples? all i could think of is using 3 letters mailed out to me by the USCIS in response to my inquiry saying that my case is still pending... i don't even know if that is enough? i am thinking of not including exhibits at all, and just send a generic WOM until the MTD is filed, and then go into details in my opposition... what do you think?
so in summary I need 4 copies for defendants + 1 for AUSA + 1 for court + 1 for me... toal = 7 copies of:
civil cover sheet + summons page customized to each defendent (but listing all defendents) + actual WOM complaint... can u please confirm...
3- and final question, when I go to the court, where should i go exactly? do i just ask for the court clerk where pple file civil law suits ?
Thanks a lot !!!!!!!!!!!!!!!!
thank u so much for ur help lotechguy...
1- where can i get the below from? I am applying in NJ
a) civil cover sheets
b) copies of summons cover sheet
2- do I have to have exhibits? if yes, can u please give examples? all i could think of is using 3 letters mailed out to me by the USCIS in response to my inquiry saying that my case is still pending... i don't even know if that is enough? i am thinking of not including exhibits at all, and just send a generic WOM until the MTD is filed, and then go into details in my opposition... what do you think?
so in summary I need 4 copies for defendants + 1 for AUSA + 1 for court + 1 for me... toal = 7 copies of:
civil cover sheet + summons page customized to each defendent (but listing all defendents) + actual WOM complaint... can u please confirm...
3- and final question, when I go to the court, where should i go exactly? do i just ask for the court clerk where pple file civil law suits ?
Thanks a lot !!!!!!!!!!!!!!!!
Last edited by a moderator: