Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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qim said:
It will not make a difference in court in my opinion. Several cases have stated that the interview is the examination and other cases have distinguished the terms investigation and examination. These rulings clearly set a precedant that the namecheck is part of the investigation and not the examination.
Obviously after the change fails to make an impact in court, USCIS will convince congress to pass another bill that makes the investigation part of the examination.
yad1994 said:
"Old members" took the time to research previous lawsuits, write petitions, and learn court procedures; and they have posted their experiences on a step by step basis for others to learn from. If a "new member" takes the time to read this thread from the first post, s/he will find more than enough information regarding lawsuits. Instead a quarter of this thread is filled with redundant posts on which address to send the summons to.
i sent the summons through the tacoma clerk so it took a little longer. filed on 5/15/06 and sent summons with praecipe on 5/16/06 (since i didn't know i had to fill them out myself) got them today directly from seattle's clerk office 5/22/06 they were dated 5/19/06.AL11 said:
One thing is for sure: You Do get your answers Back from the court. (at least someone is doing his job)
.
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I am new to this post myself, it's only been about 4 weeks, i did read through pretty much all of the posts, and the forum did explain how to proceed. on the other hand if you have some specific questions just ask the question, i personnaly will be happy to help you out.yad1994 said:
Do your homework, ask anything you don't understand (twice if need be) and good luck
mohamedmohamed
Registered Users (C)
i personally regret the fact that you feel this way, all of us are practically new here, and no one really know any one, therefore i dont think any one here have any prefferences between new or old memebrs, we alla sk questions, and we all answer them,as we possibly could, it may take some one 24, or 48 hours sometimes to answer, depending on ho they are.yad1994 said:
personally i lg on here, several times each day, and i try to help my best, but the matter of the truth is that this thread have been growing very fast, which is a good thing, i know in that last 24 hours, there must be at least 4-5 pages written here, justreading these 4,5 pages by itself, take a considerable time, let alon tryng to searech and find answers to some of the questions being asked.
i think that this is a collective efforts of all the members togetehr, and we cant afford to llos anyone, because as the thread grew, the new memebers will take on , and start helping the newr one, and keep it going.
i look at your posts i found only a handful of them , and one questions beein asked, and i beleive Suzy directed you to the page numbers where you can find the answers, if we missed something , pleas again, and am sure some one will answer you, like they asnwer everyone else questions, you are no exception
mohamedmohamed
Registered Users (C)
thats is not a bad idea.Screaming_Eagle said:
the truth is that the us attorney wants to get rid of this headeack, but as you it is complex, it need all the party cooperation to finish it, uscis, fbi, and who else involved, so sometime, it may take them a little to get everyone finished, but i think it all work for you, agrreing to the extension, will a good faith in front of the court, and they cant come back, and say he doesnt have a right to have his case adjudicated, because obviously they know that is not gonna fly, so my guess is they are really trying to finish it, or at least, they are afraid to face in the court, because they know they will be the looser, good, you are in control, and the ball is in their court.
mohamedmohamed
Registered Users (C)
yad1994 said:
this from onw of the previous posts
Quote:
Originally Posted by rob waiter
Guys (Mohamed, superK, Suzy, etc.),
some trivial questions after reading
Pub's "how-to-sue-USCIS 101".
1. who should print the summons?
the plaintiff or the court? any template file for summons?
2. after you file your orginal complaint with the court, how soon
would you expect to receive the summons?
3. when does the countdown begin?
(the day you mail the summons to
the defendants?)
4. can the plaintiffs in one case include a husband and a wife? or two persons must file separately?many thanks!
i dont have anything different than what Suzy have said about 1,2,3.
regarding 4, you have to find the relationship between the main beneficiery, and his/her dependents, this providing that one or more are dependent on the main one.
if there is no dependency relationship between the different beneficieries, then each one should have his own suit.
in case this dependency relationship exist, it would be premature to to try to establish a dependent the right for a benefit, before the main benefciery have aquired his own, because that is the principal element on which the depedant/s would even be entitled to such benfit,
in short
the main beneficiery have to aquire the benefit being sough-green card, ornaturalization- before the depedent can be techenically ask for the right of their derivative benefits.
a family memebers filing for teh same benefit, in a completely separate application, each one have to file on his own.
but on another, like we have recently, a bunch of peoples can file a law suit, against uscis, they dont even have to be related, but each plaitiff have to state separatly his/her own condition, and factual aspect of his/her own complaint, exemple is one case that was posted here not too long ago, in which a group of people suing the uscis over the delay, all in one complaint, how ever noe of these people is related to the other, and my guess that the court, will handel eacg case as a different , concidering the unique circumstance, and there for granting one or moe of this cases, doesnt autamically mean that the other is granted.
__________________
Lazerthegreat said:
You send Summons to each defendant (including US Attorney General who should be one of the defendants) and a copy of the complaint to the US District Attorney, who represents the defendants. I'm not sure if you send a Summons to US D. Atty., it doesn't make to much sense to me, since s/he is not a defendant...but maybe the new guys (i.e. MohamendX2) can clarify this.
Also I don't think you need to send copies of the Summons to the US District Attorney.
Anyway, US D. Atty. should get copies of every little detail you file with the court
Screaming_Eagle said:
Yes, give them the 30 days, and I'll suggest that you talk to US Attorney, and try to work thing out with him/her.
You can tell him/her that if you knew that they were working to solve the case and if s/he asked you for an extension you could agree with that without bothering the Judge with his motion.
You're a nice guy, you just want your case solved, you're not there for fight or revenge...but on the other hand they shouldn't try to take you for a ride...nice guy, doesn't mean weak or stupid
Always keep in mind, US Attorney doesn't hate you, doesn't have anything personal against you, most of the time they sympathize with people like you...but his job is to defend the s.o.b.'s who screwed up you case and /she's just doing his/her job. This is why you should try in a diplomatic way to establish a relation with the US Attorney s/he may end up helping you and your case....cause bottom line, even if they don't like you, your case solved means that the Judge is not going to have to give a verdict...which 99% is unfavorable one for them and a black spot on his/her record
mohamedmohamed
Registered Users (C)
all you ned is the civil cover, and you have type your own complaint, and eithe rfil a cervice certificate , and singe it, and file it with your complaint, or wait till you get you receipt back, and file theme.yad1994 said:
am not sure about about the appointment of a counsel, it had to be some lacal in your court, i didnt fil one, and i dont want to, i like to handel my own case.
so, to strat with you have to finsh typinn g your complaint, the civil cover is availble on line, or you can fill one when you go tot he court to file.
after you file, serve the complaint to all the defendent , and you are done.
this is some tip for serving the summons, from an earlier post
Quote:
Originally Posted by mohamedmohamed
one more trick, the attorneys do to shorten thetime between sending the material, and actual delivery time which also acceptable by the court in my district, is attached a service certificate to your complaint , or exhibit, signed, stating that you have served this by USPS mail, therefore , you dont need to send the return receipt and your service date, will be considered the date you filed this with the court. just double check with your court clerk, make sure it is acceptable practice
The appointment of counsel form is also available in washington district court, it basically offers you the option to ask the judge to assign you a Pro Bono lawyer in the case some pro-bono lawyer had offered this option to the court.mohamedmohamed said:
It is just an option. you may want to ask for it, but looking at the stories in this forum it would only be helpful if you actually go to trial.
Also, concerning serving the summons, you may want to double check your local rules and see if a " notice of aknowledgment " is required to be sent to the defendants as well. in my district it is required, but i haven't done it. i think a return USPS receipt and a certficate of service will be enough, since i doubt that DHS or US attorney general will send you that aknowledgment back.
Hello all
Hello all,
I have file today using 1447b, I have learn that there is NO filing fee if your are Using 1447b. My is make mondy order, an don't write anything on it, when you to court clerk, ask her about 1447 and if there is fee for it.
I wish the best to everyone here ....
Ps,
I need Emilio Gonzalez address ASAP,
This address is NOT correct according to the post office,
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528
Hello all,
I have file today using 1447b, I have learn that there is NO filing fee if your are Using 1447b. My is make mondy order, an don't write anything on it, when you to court clerk, ask her about 1447 and if there is fee for it.
I wish the best to everyone here ....
Ps,
I need Emilio Gonzalez address ASAP,
This address is NOT correct according to the post office,
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528
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Check the local rules of your court
It seems to me that courts have slightly different local rules, such as whom to serve and how to serve them, one or all defendants should be listed onto one summon etc. So the most accurate information should be from the pro se handbook of your district court.
Best,
Suzy977 said:You send Summons to each defendant (including US Attorney General who should be one of the defendants) and a copy of the complaint to the US District Attorney, who represents the defendants. I'm not sure if you send a Summons to US D. Atty., it doesn't make to much sense to me, since s/he is not a defendant...but maybe the new guys (i.e. MohamendX2) can clarify this.
Also I don't think you need to send copies of the Summons to the US District Attorney.
Anyway, US D. Atty. should get copies of every little detail you file with the court
It seems to me that courts have slightly different local rules, such as whom to serve and how to serve them, one or all defendants should be listed onto one summon etc. So the most accurate information should be from the pro se handbook of your district court.
Best,
FBI phone number to check FP results
Hi All,
I was instructed to retake my finger prints last week (2nd FP). Is there a FBI phone number out there that I can call to find out the FP result? Do they still take inquiry calls these days, and what ID information do I have to provide in order to get an answer?
Thank you.
Hi All,
I was instructed to retake my finger prints last week (2nd FP). Is there a FBI phone number out there that I can call to find out the FP result? Do they still take inquiry calls these days, and what ID information do I have to provide in order to get an answer?
Thank you.