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

hello everyone,
I dismissed my case on May 18th, district attorney asked me to give CIS two weeks for the adjudication of my petition. nothing yet. any advise
 
SyedNaqvi said:
hello everyone,
I dismissed my case on May 18th, district attorney asked me to give CIS two weeks for the adjudication of my petition. nothing yet. any advise
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Call the US Attorney and ask what's going on.
 
PendingN400 said:
I am curious as to previous precedents in this issue pertaining to "deny naturalization due to pending name check". The reason why I am saying this is due to to two visits I made using Infopass, whereby the immigration officer (including officer-in-charge) threatened me with denying my naturalization application because I pointed out the 120 day rule from the date of examination. They said "if you force a decision, we will have to deny your application" or "if you want a decision now, we will have to deny your application".

I am also grappling with this worry that if I do file a lawsuit under 1447(b), can they just go ahead and deny my application without worrying about legal consequences? In other words, your case can get quite muddled up, since an appeal would then have to be made against their decision prior to pursuing judicial determination. I am perfectly aware of this sole jurisdiction (with the court, not a concurrent judicial and USCIS jurisdiction) issue under 1447(b), but you now have a muddled up judicial case that will require different set of arguements for resolutions. Any thoughts or previous known experience of this kind?
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As soon as you file your complaint under 1447(b) they can't deny your Application for the simple fact that they don't have jurisdiction over your case anymore.

So, don't tell them ahead that you're going to sue them, JUST DO IT.
 
tsa3400 said:
Thus is the nature of my Job, was in 15 countries over the period of 2 months.
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Shit, you just made me loose a bet...I've said the other day that you were jailed for animal cruelty after you strangled your cat :D :D :D

Nice to see you among us again...but you owe me for the bet :D
 
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I got my I-485 AoS (Green Card) approved in 4 weeks!

then I got the **physical** Green Card mailed to me just 2 days later!

What a great success! I do expect the lawsuit to work, but really did not
expect it worked in just 4 weeks, plus the Green Card is ready (without any
further appiontments or blah/blah) two days after the 485 approval!

Thanks to all the people on this board who encouraged and educated me to file this lawsuit. I think the best thank-you letter is to post my experience here to encourage others.

Here is my story.
1. Filed 485 in 10/2003 with California Center.
2. Tried many ways to inquire but none of them work.
3. Filed lawsuit on 4/4/2006 in Northern CA District Court (San Jose).
4. On 5/2/2006, exactly 4 weeks later, the US Attorney (in SF) called me,
telling me the case was approved on that day, and ask me to dismiss.
I really got surpprised that it works so fast!!! But I keep my voice cool and
told them I would wait for the formal approval letter before dismiss.
They said fine and then faxed me a copy of approval (which was faxed
to them by CIS on the same day).
5. In the afternoon, I received email confirmation from CIS about the
approval. It seems that CIS informed US Attorney immediately after the
approval -- even before the email reaches me! They acted so promptly to
US Attorney!
6. In the following days, I received 5 copies of approval letter from CIS!
They sent to me, my company law office, and even my previous address!
Man, they just want to make sure I receive the approval! Usually, it was so
hard to get any kind of response from them, and now I was overwhelmed by
so many letters!
7. On 5/4/2006, I received an email saying my Green Card is ready and mailed
out. I could not believe this at first, but 3 days later, I receive the physical card in the mail!
8. A week after the phone call from US Attorney, I dismiss the case.


Several points.
1. This thread is good enough -- I found everything I need here. Just read it
and you can do it.
2. I did not wait for all the return receipt for serving the defendants. I just
showed the receipt of Certified Mail and Email confirmation from USPS.
By the way, one receipt from Washington DC came after I got my approval!
3. I guess the Ninth Circuit Court are very liberal, so the US Attorney in
CA acts really fast -- just my guess :)
4. The entire process is easier that what you think at the beginning. Don't be
scared.

Again, many many many thanks to all the contributors in this thread, special
thanks to Publicus who initiated this!
 
zoromark said:
then I got the **physical** Green Card mailed to me just 2 days later!

What a great success! I do expect the lawsuit to work, but really did not
expect it worked in just 4 weeks, plus the Green Card is ready (without any
further appiontments or blah/blah) two days after the 485 approval!
Click to expand...

Congrats! Sounds like the USCIS is becoming more and more efficient at cleaning up their messes.

With the flood of lost cases lately, I don't know why the USCIS or the AUSA would even bother anymore. Just give the citizenship or the green card right there on the spot as soon as the person files the complaint! :D

K
 
zoromark, namecheck_limbo

CONGRATULATIONS!!!!

Great inspiration for the day! Hope to follow soon your example. Mailed my wom to the defendants yesterday.
 
Dead line is up, how to proceed?

Hello all,

Thank you to all for helping and caring so much, and congret. to everyone whose case have been approved.

I got a big fat concern (again!) Today is the deadline for the 60 days peroid with the WOM. Yet, no one call about dismissing the case. I call the court on the date that I received the approval latter and left the message for the Us. Att. asistant. As of today she had yet replied.

Could my Att. dismiss the case with out me?

Thank you and good luck to all,
~C
 
cuties said:
Hello all,

Thank you to all for helping and caring so much, and congret. to everyone whose case have been approved.

I got a big fat concern (again!) Today is the deadline for the 60 days peroid with the WOM. Yet, no one call about dismissing the case. I call the court on the date that I received the approval latter and left the message for the Us. Att. asistant. As of today she had yet replied.

Could my Att. dismiss the case with out me?

Thank you and good luck to all,
~C
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As far as I know, since you filed the complaint, you should be the one to dismiss it.

K
 
Thanks K!

RealSuperK said:
As far as I know, since you filed the complaint, you should be the one to dismiss it.

K
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Bunchs of thank. By the way I really don't understand this whole ordeal. My I-130 never approved. It's pretty much like this I sbmitted application, FP,Interview, NC pending, filed the WOM, approval notice. Not that I complain, but seemed odd to me!

~C
 
Any lawsuit in chicago area?

I cannot find any 1447(b) lawsuits in Chicago mentioned here. Is there any link? I can file 7/9/06, and hopefully the new bill won't pass by then.

I plan to file pro se, but any info on lawyers in the chicago area will be appreciated as well

drgeorge
 
1447(b) how and sample?

RealSuperK , can you send everyone or attach copy of your lawsuit (feel free to erase personal information) so we can do same. Also please write us detail steps u have taken and how u filled your lawsuit?


Looking forward to hear back from you soon.
 
buggin said:
Today, however, I was able to take the afternoon off and go to the District Court (Northern District of CA) in San Francisco. I filed my petition and my husband served a copy of it together with the Summons on the US Attorney right away. However, I couldn't file the proof of service with the clerk right after, while we were still in the same building, because my case was assigned to a judge in the Oakland sub-division (which is even farther away from my house than San Francisco). From now on, I need to send all documents to Oakland.
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Buggin and others,

Question for you. How do you know the address of local US Attorney? When your husband served a copy of your petition and summon to local US Attorney in person, did he get the proof of service from local US Attorney Office? And, do we need to file the proof of servicing local US Attorney? One more question, for the local rule of northern California, how do we file proof of servicing defendants? Is there a form like cover sheet? Thanks a lot for your help.

syt
 
syt said:
Buggin and others,

Question for you. How do you know the address of local US Attorney? When your husband served a copy of your petition and summon to local US Attorney in person, did he get the proof of service from local US Attorney Office? And, do we need to file the proof of servicing local US Attorney? One more question, for the local rule of northern California, how do we file proof of servicing defendants? Is there a form like cover sheet? Thanks a lot for your help.

syt
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In some smaller districts, the court and the DA's office are in the same building. So, they don't stick with small rules (e.g. you can't serve a defendant yourself) too much. In my case (Eastern MO), I filed the lawsuit on the 3rd floor of the building and dropped off the paperwork at the DA's office myself on the 6th floor. Of course if the clerk told me I couldn't do it, well, I guess I would have mailed it. Anyway, the only thing I didn't do (and was afraid it was gonna bite me in the a$$) was get some sort of proof of serving the DA. Not sure what I could get, but just to make sure, if they let you serve the DA yourself, see if the DA's office can give you some sort of proof of serving them. I don't think that the DA would ever act like he/she never got anything but do that any way, just to make sure.

K
 
TheRock20148 said:
RealSuperK , can you send everyone or attach copy of your lawsuit (feel free to erase personal information) so we can do same. Also please write us detail steps u have taken and how u filled your lawsuit?


Looking forward to hear back from you soon.
Click to expand...

I'll post everything tonight, but seriously, all I did was follow the "how to" guide posted by Publicus on the first a couple of pages of this thread. As I mentioned before though, the only thing I'd do different is call the DA's office 4 weeks after filing the lawsuit instead of 6. I think in my case I called too late (with about 2 weeks left before their 60 days were up) and they weren't doing a damn thing about my case till then. So, they were forced to file an answer that was just a bunch of crap because if they missed the 60 day deadline, they'd look like a bunch of morons. Other than that, Publicus spelled everything out.

K
 
US Att. address

syt said:
Buggin and others,

Question for you. How do you know the address of local US Attorney? When your husband served a copy of your petition and summon to local US Attorney in person, did he get the proof of service from local US Attorney Office? And, do we need to file the proof of servicing local US Attorney? One more question, for the local rule of northern California, how do we file proof of servicing defendants? Is there a form like cover sheet? Thanks a lot for your help.

syt
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I filed in Oakland, and the clerk there gave me this address:

Dr. Kevin Ryan
US Attorney, Civil Div/Tort Branch
450 Golden Gate Ave., #7-5395
P.O. Box 36028
San Francisco, CA 94102-3463

Good luck :)
 
Eastbayer said:
I filed in Oakland, and the clerk there gave me this address:

Dr. Kevin Ryan
US Attorney, Civil Div/Tort Branch
450 Golden Gate Ave., #7-5395
P.O. Box 36028
San Francisco, CA 94102-3463

Good luck :)
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Eastbayer,

I am going to file in Oakland too. Did you send petition and summon to District Attorney by certified/registered mail or submit in person? Did you call AUSA to inquire the status of your petition already?

Thanks,
syt
 
syt said:
Buggin and others,

Question for you. How do you know the address of local US Attorney? When your husband served a copy of your petition and summon to local US Attorney in person, did he get the proof of service from local US Attorney Office? And, do we need to file the proof of servicing local US Attorney? One more question, for the local rule of northern California, how do we file proof of servicing defendants? Is there a form like cover sheet? Thanks a lot for your help.

syt
Click to expand...


Hello Syt,

I hope this is help

http://www.usdoj.gov/usao/offices/index.html
 
WOM file by mail or go in person?

I'm planning to file WOM for I-485 pending on namecheck - the court is about 60 miles away. Is it worthwhile to go there physically and file in court, or filing by mail is good enough? It seems majority of cases are filed by physically going there.

On the pro se package, there is a line like "I request the Court's assistance in serving process on the defendant(s)." Does this mean the court and send the summons to defandants, and I don't have to send out myself? Is it OK to just leave the serving to the court?

Thanks!
 
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