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

buggin said:
You are very welcome.
Here is a sample of a 1447(b) petition filed in the Norther District of CA. It is prepared by a lawyer, but it is very simple and to the point.
buggin,

Thanks a lot. I have this copy already. It is really a good template for us to file 1447(b) complain. I also got the MS Word template for legal petition as attached. I hope this is helpful for everyone in preparing petition.
 
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Suzy977 said:
Your mom's fears are understandable. Her little girl fighting the almighty, FBI and USCIS :eek:

Don't worry nobody is going to retaliate against you for taking them to the court ;)

In fact you'll gain respect, you'll show them you're not a little mouse who hide under the bad waiting at their mercy.
Is your right, take advantage of it and sue them.

All the above are based on the assumption that you and your mom are clear, FBI or USCIS don't have anything against you in their records
;)

To avoid the same reaction from my parents, I didn't even tell them about the lawsuit. They'll find out about it when I put my US passport in front of them and tell them the story. That's much better for everybody's nervous system :)
 
Suzy977 said:
Any change I'll do is: without prejudice.

I think I'll wait till I take the oath. Then I can dimiss the case whichever way - with prejudice, without prejudice or with juuuuuust a little bit of prejudice :)

Gotta go to the same place to take the oath AND to dimiss the case anyway. 9:30 am - the oath, 10:30 am - case dimissal.
 
RealSuperK said:
To avoid the same reaction from my parents, I didn't even tell them about the lawsuit. They'll find out about it when I put my US passport in front of them and tell them the story. That's much better for everybody's nervous system :)
K,

You can do it very soon. I envy you. I have only n652 with "name check pending" on it.
 
pharmboy said:
The I-485 applications for both my wife and myself were approved yesterday per the email messages from USCIS this morning. After three years of waiting and waiting, we are finally done.

The applications were filed in March 2003 at CSC, and I was in the name check black hole for three years, until this past January I wrote Mrs. Bush on this and the letter was forwarded to DOJ and then FBI for reponse. Later, Mr. Hooton wrote me that my name check got finalized in mid March. Although name check was cleared, I was very angry at USCIS and still I went ahead to file the complaint in NJ district in early April. Within two months, our cases got approved.

My sincere thanks to all of you who had so much input in this thread, and I followed your steps. My feeling is, don't be afraid of suing USCIS, they need their asses kicked badly, if you got a legal reason.

Another name check bites the dust!

Congrats pharmboy!
 
syt said:
K,

You can do it very soon. I envy you. I have only n652 with "name check pending" on it.

Start counting the days. I should have done it way earlier. I gave them full 210 days. Ironically, one of the reasons I filed - they were gonna increase filing fees by $100. Although when I'm dimissing the suit, I'll check and see if it's free like some people her say. If it is, the money will go straight to financing the citizenship bash 2006! :)
 
Appelate Court

Aack! Sorry for the confusion. I was just pointing out that after preparing my lawsuit etc, I was all set to file it with the appelate court, through my own ignorance!!! I am a scientist and I have never paid much attention to the courts system, other than on TV of course.

What I did was I googled 9th circuit court when I first started thinking of a lawsuit, and the first 2 sites that pop up are the 9th circuit appelate court. They had all this information on filing pro se, which they duly sent me.
I called to verify their location yesterday and was met by utter confusion!

The appelate court IS NOT, NOT THE COURT to file with for a 1447(b)!!!

Thank goodness I realized that before I drove over there.

:eek:

I included the notice to parties form and will simply remove it if the clerk tells me it is extraneous. I am counting on something that Publicus mentioned and that is that, we are pro se petitioners, and as hard as we work on our cases, we are not professionals and no one expects us to be.

Mr. LA, I am about an hour away from doing the do and will be in touch with you shortly!!!
 
Question for Kabi24

Kabi24,
Did you find the Western Washington US District court local rules on their website. I swear I have searched the website 10 times and could not find it.
They say the rules are on the website. So I am either blind or they don't know what they are talking about. So, If you find can you direct me to it. and if not let me know for my sanity.
 
femme said:
Aack! What I did was I googled 9th circuit court when I first started thinking of a lawsuit, and the first 2 sites that pop up are the 9th circuit appelate court. They had all this information on filing pro se, which they duly sent me.
I called to verify their location yesterday and was met by utter confusion!
The appelate court IS NOT, NOT THE COURT to file with for a 1447(b)!!!
Thank goodness I realized that before I drove over there.
Good for you. You saved yourself an unnecessary trip to the appellate court. Hopefully, you will never need to go there. :)
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition
 
syt said:
dispressmom,

No fear, no more tear. No risk but victory. Finght not only for your right but also for justice. If USCIS and FBI can do anything unfairly to you because you sue them, then we are not worth to stay here and this is not free land any more. Agree?
i agree 100%
 
Filing Fee in Maryland

I know there has been some discussion regarding this $350 issue for a while. Today I went to the court to file Proof of Service and I asked the clerk. She said as far as she knew, $350 is charged for every civil case in Maryland. I showed her some print out from this forum, and she called her supervisor out, after both of them looked at the print out, they said that it MAY be just for that particular district, since the judge in different district courts CAN make up different local rules regarding a particular issue within that district. So I was out of luck to get my $350 back :( But now I really want to see if there is any other district that waived the filing fee. So far I think it's only the Central District of CA, lucky them!!

Regarding the fear of retaliation due to action taken against USCIS, I have to say it's always in the back of my mind, who knows what they would do later on, and how do you know for sure that there won't be any record on your file for the action you took against them? Yet I need this approval and I deserve this approval, so what the heck. I still believe that justice will prevail in this country, though sometimes at a very high cost.

Please call and ask your district court regarding the fee, and share your info here.

Balto
 
syt said:
buggin,

Thanks a lot. I have this copy already. It is really a good template for us to file 1447(b) complain. I also got the MS Word template for legal petition as attached. I hope this is helpful for everyone in preparing petition.

Is it just the cover sheet with the lawsuit?
 
here you go

AL11 said:
Kabi24,
Did you find the Western Washington US District court local rules on their website. I swear I have searched the website 10 times and could not find it.
They say the rules are on the website. So I am either blind or they don't know what they are talking about. So, If you find can you direct me to it. and if not let me know for my sanity.
Hey there!
This your link western district of washington local rules
just make sure you click on the little arrow in front of the titles to expand.

Also this is an update of my case: I am still waiting for the green certifed mail receipts, apparently it takes the usps some time to update their records when it's back. Online it shows that everything is delivered.
I haven't made any contact with AUSA yet, i think if i contact him after i file service receipts with the court it will speed up the process. I believe that even the AUSA will wait till the last minute to pressure the USCIS/FBI.
good luck
 
khalafah2000 said:
Is it just the cover sheet with the lawsuit?
Are you asking about what papers need to be filed with the court?
Usually, you have to file your 1447(b) petition (original and as many copies as required by your court), Civil Cover Sheet, Summons (either one Summons listing all defendants, or a separate Summons for each defendant, depending on your court's rules), and $350 filing fee.
You should carefully check your court's local rules though to be sure about what is required.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition
 
femme said:
Aack! Sorry for the confusion. I was just pointing out that after preparing my lawsuit etc, I was all set to file it with the appelate court, through my own ignorance!!! I am a scientist and I have never paid much attention to the courts system, other than on TV of course.

What I did was I googled 9th circuit court when I first started thinking of a lawsuit, and the first 2 sites that pop up are the 9th circuit appelate court. They had all this information on filing pro se, which they duly sent me.
I called to verify their location yesterday and was met by utter confusion!

The appelate court IS NOT, NOT THE COURT to file with for a 1447(b)!!!

Thank goodness I realized that before I drove over there.

:eek:

I included the notice to parties form and will simply remove it if the clerk tells me it is extraneous. I am counting on something that Publicus mentioned and that is that, we are pro se petitioners, and as hard as we work on our cases, we are not professionals and no one expects us to be.

Mr. LA, I am about an hour away from doing the do and will be in touch with you shortly!!!


HaHaHa :D :D :D

My idiot ex-attorney told me he will file for me the Writ of Mandamus in the 9th Circuit Court for...$20,000

He never heard of 1447(b) and apparently he didn't know much about the proper court to file...so don't feel bad, some immigration lawyers know less than you do :eek: and they have the nerve to ask for astronomic fees :rolleyes:

I've said it before, I believe that I can prepare, file and carry on a litigation with USCIS better that 90% the immigration lawyers...the, so called, "specialists" in immigration
:D :D
 
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kabi24 said:
Hey there!
This your link western district of washington local rules
just make sure you click on the little arrow in front of the titles to expand.

Also this is an update of my case: I am still waiting for the green certifed mail receipts, apparently it takes the usps some time to update their records when it's back. Online it shows that everything is delivered.
I haven't made any contact with AUSA yet, i think if i contact him after i file service receipts with the court it will speed up the process. I believe that even the AUSA will wait till the last minute to pressure the USCIS/FBI.
good luck
when you get your green receipt back, and file the proof of service, make sure you put the date the document s was delivered to the deffendents not the date you filed it the with court, that shhould save you few days.
 
Suzy977 said:
HaHaHa :D :D :D

My idiot ex-attorney told me he will file for me the Writ of Mandamus in the 9th Circuit Court for...$20,000

He never heard of 1447(b) and apparently he didn't know much about the proper court to file...so don't feel bad, some immigration lawyers now less than you do :eek: and they have the nerve to ask for astronomic fees :rolleyes:

I said it before, I believe that I can prepare, file and carry on a litigation with USCIS better that 90% the immigration lawyers...the, so called, "specialists" in immigration
:D :D

By the way, back when I filed my lawsuit, you predicted that I was gonna be a citizen by the end of May. I'm gonna be a citizen on June 2nd. This kind of error is unacceptable! :D
 
khalafah2000 said:
Is it just the cover sheet with the lawsuit?
No. This is MS Word template for 28 line legal pleading. This is the format for all petition/lawsuit. I think this format is required by 1447(b) petition filing in district court also. If you read the Pro Se handbook from north district of CA (http://www.cand.uscourts.gov/CAND/F...14de5a2dfcdaa08c88256ebc0054574f?OpenDocument), you'll find the format requirement. And, I saw all the demos and examples of 1447(b) petition here in this format. So, it is the generic rule for all district. For cover letter, it should different for each district court. In north district of CA, it is a form which can be download from web site. It should be the local rule of each district.
 
RealSuperK said:
By the way, back when I filed my lawsuit, you predicted that I was gonna be a citizen by the end of May. I'm gonna be a citizen on June 2nd. This kind of error is unacceptable! :D
SuperK,
2 days off is not such an unforgivable error. I'd take Suzy's timeline predictions over the ones made by the USCIS. :D
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
6/5/06 – Will file my 1447(b) Petition
 
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