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

fightback Dear buggin said:
Fightback, it sounds to me that you never gave the court clerk a filled out Summons form. They will not do it for you. In the best case, they will just send you a blank form.

I would suggest you download it from the court's web site (look for Civil Summons under Forms). Fill it out as I explained earlier and mail it to the court clerk. She/he will stamp it and return it to you. Only after this, you make copies of the complaint and summons and serve them on the defendants.

Do this if you haven't done it yet. Otherwise, you are loosing time. It doesn't matter when you filed your complaint. The clock will not start ticking until you send a copy of the somplaint and the summons to the US Attorney.

I am glad to help you as much as I can. Yes, you can send me private messages anytime.

------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Defendants' info

fightback said:
I remember I saw someone posted the address for FBI, DHS and USCIS, can someone give me the link if you still remember where it is? Should I also mail to General Attoney? Buggin and all, would you please help me with all the defendants's addresses?

Fightback, here are my defendants' names and addresses (also the U.S. Attorney I served):

Alberto R. Gonzales, United States Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 90258

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

David Still, Director
San Francisco District Office, USCIS
630 Sansome Street
San Francisco, CA 94111

Kevin V. Ryan, U.S. Attorney
Northern District of California
450 Golden Gate Avenue, 11th Floor
San Francisco, CA 94102


Thank you all again for your infomation without your support I will never able to do it. Thanks guys!

Once again, we are here to help each other. You are very welcome!
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
 
Congratulation!!

Femme and tsa3400 congratulations!

Suzy thank you and your score card is out of date :p Add two more.

Amazing how much care and passtionate ppl. in this forum are sharing. Many ppl. out there do not want to help even if requried so little to none effert at at all. Aren't you agree new commers? I , personally didn't know any of you, never the less I know that I can ask for helps. Thank you to every one and every bit of info. When I first write my first post I axcualy PRAY that it will be answer in order of receive! but I was wrong, It was answered RIGHT AWAY.

~C
 
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Proof of Service

Hello all,

Anyone have some information about the "Proof of Service" form?
I filed my 1447(b) case on May 24, 2006, served all defendents "Defendents received copies of the complaint and summons" on May 31, 2006. Now i am stuck with that proof of service form
- Should i fill in this form for each defendant and mail to the court?
If so, what i should attache to it?
Should i return the original summon to the court? it is blanck with respect to the defendant(s)

Thanks,
 
Can somebody post here an example of the motion to dimiss? I've seen it a couple of times before, I just wasn't that far in the process to think about it. AUSA said it's a simple two line motion. I guess I don't care if I submit it with or without prejudice since I'll be dismissing the case AFTER my oath.

Thanks!

K
 
Hold on Everyone, I got a letter in the mail for me and my wife saying that the Permanent Residence has been granted. But at the bottom it says Note: Your Alien Registration Card will be mailed to you within 6 to 8 months. What the fuck is that. 6 to 8 months, it does not say weeks but months. Are they still fucking with me. I'm not going to dismiss my case till i have that piece of shit plastic in my hand. Sorry for abusing so much. I'm really pissed off again. What the fuck is up with these assholes. Screw them all, I'm going to file my Memorandum, this is it. I've had it with these assholes. I told them I want the fucking card not the letter. Assholes, messing with me. I'm taking them to court I don't care. Please everyone else don't follow my footsteps, but handle your case as you see right and fit. I have them by their gonads now and will start squeezing them till I hear a whisper in the form of a yelp.

Let get ready to RUMBLE. I will be USCIS, FBI and DHS nightmare that their mothers warned them about.

After all this they give me a fucking piece of paper and not the actual card. Who the hell do they think they are. Tomorrow they can just clean their backsides with this and it would mean nothing in a court of law. I'm now going to hunt those assholes down. I don't care, if it is the last thing I do. Again let me remind you all. I have nothing to loose. My wife and I don't give a damn about this Green Card and are ready at the drop of a hat to go back to India. Only thing is my cat will have to be quarentined for 6 months and love her to death. Actually I love her more. So for me to take them to court even after the approval is my call and I don't give a rat's ass anymore. So don't do as I do or as I say. You be the best judge for your case. That does not mean, you fear those assholes. A great person once said, "In the presence of a silent crowd even a pin drop can be heard" what that means is that in the crowd(USCIS, DHS and FBI and all those organizations) even a pin drop (you the deprived one) will be heard, if you know what I mean.

Ghandi
"If my faith burns bright, as I hope even if I stand alone, I shall be alive in the grave, and what is more, speaking from it"
 
Everyone, thank you for the congrats. I know and feel it deep in my heart that your cases will be approved. Just be lawful and keep the fight alive.
 
tsa3400 said:
Hold on Everyone, I got a letter in the mail for me and my wife saying that the Permanent Residence has been granted. But at the bottom it says Note: Your Alien Registration Card will be mailed to you within 6 to 8 months. What the fuck is that. 6 to 8 months, it does not say weeks but months. Are they still fucking with me. I'm not going to dismiss my case till i have that piece of shit plastic in my hand. Sorry for abusing so much. I'm really pissed off again. What the fuck is up with these assholes. Screw them all, I'm going to file my Memorandum, this is it. I've had it with these assholes. I told them I want the fucking card not the letter. Assholes, messing with me. I'm taking them to court I don't care. Please everyone else don't follow my footsteps, but handle your case as you see right and fit. I have them by their gonads now and will start squeezing them till I hear a whisper in the form of a yelp.

Let get ready to RUMBLE. I will be USCIS, FBI and DHS nightmare that their mothers warned them about.

After all this they give me a fucking piece of paper and not the actual card. Who the hell do they think they are. Tomorrow they can just clean their backsides with this and it would mean nothing in a court of law. I'm now going to hunt those assholes down. I don't care, if it is the last thing I do. Again let me remind you all. I have nothing to loose. My wife and I don't give a damn about this Green Card and are ready at the drop of a hat to go back to India. Only thing is my cat will have to be quarentined for 6 months and love her to death. Actually I love her more. So for me to take them to court even after the approval is my call and I don't give a rat's ass anymore. So don't do as I do or as I say. You be the best judge for your case. That does not mean, you fear those assholes. A great person once said, "In the presence of a silent crowd even a pin drop can be heard" what that means is that in the crowd(USCIS, DHS and FBI and all those organizations) even a pin drop (you the deprived one) will be heard, if you know what I mean.

Ghandi
"If my faith burns bright, as I hope even if I stand alone, I shall be alive in the grave, and what is more, speaking from it"

Actually, the stamp in the passport is as good as the green card itself. When I got my green card it took me 6 months to get the actual plastic card. However, the timeframes they give on those letter are bogus anyway. I'd check with DA to see if they can expidite that crap especially since you have such a heavy schedule.
 
TSA,
best of luck with your battle.I pray to god that you win.
but on another note,brother please do not try to pull in mahatma into a post which is filled with vulgarity(fuck) and threats to uscis as everyone else is going to have a feeling that mahatma was a warrior.
plz have some respect for the great person he was.....
i hope you are not upset....

tsa3400 said:
Hold on Everyone, I got a letter in the mail for me and my wife saying that the Permanent Residence has been granted. But at the bottom it says Note: Your Alien Registration Card will be mailed to you within 6 to 8 months. What the fuck is that. 6 to 8 months, it does not say weeks but months. Are they still fucking with me. I'm not going to dismiss my case till i have that piece of shit plastic in my hand. Sorry for abusing so much. I'm really pissed off again. What the fuck is up with these assholes. Screw them all, I'm going to file my Memorandum, this is it. I've had it with these assholes. I told them I want the fucking card not the letter. Assholes, messing with me. I'm taking them to court I don't care. Please everyone else don't follow my footsteps, but handle your case as you see right and fit. I have them by their gonads now and will start squeezing them till I hear a whisper in the form of a yelp.

Let get ready to RUMBLE. I will be USCIS, FBI and DHS nightmare that their mothers warned them about.

After all this they give me a fucking piece of paper and not the actual card. Who the hell do they think they are. Tomorrow they can just clean their backsides with this and it would mean nothing in a court of law. I'm now going to hunt those assholes down. I don't care, if it is the last thing I do. Again let me remind you all. I have nothing to loose. My wife and I don't give a damn about this Green Card and are ready at the drop of a hat to go back to India. Only thing is my cat will have to be quarentined for 6 months and love her to death. Actually I love her more. So for me to take them to court even after the approval is my call and I don't give a rat's ass anymore. So don't do as I do or as I say. You be the best judge for your case. That does not mean, you fear those assholes. A great person once said, "In the presence of a silent crowd even a pin drop can be heard" what that means is that in the crowd(USCIS, DHS and FBI and all those organizations) even a pin drop (you the deprived one) will be heard, if you know what I mean.

Ghandi
"If my faith burns bright, as I hope even if I stand alone, I shall be alive in the grave, and what is more, speaking from it"
 
Congratulations`

tsa3400 said:
Everyone, thank you for the congrats. I know and feel it deep in my heart that your cases will be approved. Just be lawful and keep the fight alive.

Congratulations on completion of your long journey. It is quite interesting to read your aggressive approach in conjuction with your appreciation of Mahatma's mild but very determined efforts!

It is fairly common to have your permanent residency stamped on your passport (it is completely equivalent) and have the actual physical card within 6 months or so. The card involves biometrics which takes time to process. For all legal purposes, once you get your passport stamped, you can enjoy all the benefits of permanent residency. So do not worry, dismiss your case.
 
RealSuperK said:
Can somebody post here an example of the motion to dimiss? I've seen it a couple of times before, I just wasn't that far in the process to think about it. AUSA said it's a simple two line motion. I guess I don't care if I submit it with or without prejudice since I'll be dismissing the case AFTER my oath.

Thanks!

K

This is what AUSA wrote for me:

Now comes Plaintiff, XXX, and hereby voluntarily dismisses this cause of action, with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure. Plaintiff states that he has become a naturalized citizen of the United States and no longer wishes to pursue his claims as set forth in the compliant.
 
Here is my Memorandum. So what you all are saying don't take this to court and just wait for the GreenCard ? But what if these assholes come back after I dismiss my case and say that was a mistake on our part, then I'm again in the same boat with a big fucking hole and will sink again. I'll tell the DA like you said RealSuperK. Thanks
 
hello all

femme said:
Hi Guys.

So

On April 29th, out of hopeless courtesy, I sent out an intent to sue letter to USCIS, DHS, US Attorney General, and DHS counsel, giving them 30 days, with a draft complaint.

I filed my 1447(b) this past Friday, the 26th, in LA, thinking, no response has been forthcoming and next business day is the 30th.

(Somewhat humorous experience, I thought "bluebacked" meant documents bound in blue folders; I haggled with the Staples people to sell me 3 of the stupid folders instead of a whole box. Also, I drafted a nice cover letter that was so unnecessary it was returned.)

Anyway, I filed in person and the clerk was a cool soothing balm of a civil servant, in contrast to the CIS folks. Filing took about 40 minutes in all. It is correct, there is no fee in LA. Don't know why. Maybe they know we've all already paid useless lawyers etc.

So, Saturday the 27th, I sent copies of the complaint and summons to the defendants.

Today, I had a panic attack because I did not list the local US district attorney as a party of interest, but the local office of the US attorney general!!

So I drafted a makeshift amendment with an original and amended "notice to interested parties", ready to send to all defendants, their counsel, and the court.

I get home and there is my oath letter, for June 16th, dated May 26th, postmarked May 30th.

I cried and made a few toasts with mu husband before the paranoia came back...

?

I am assuming this was the result of my intent to sue letter.

But where does that leave my filed lawsuit?

Can they (USCIS) disinvite me from my oath ceremony?

I considered dismissing my case, but can't find the correct form to do so.

Then, I am wary of dismissing my case, because I do not trust CIS' modus operandi.

So, right now, I have decided to leave my complaint as is, not update anything, etc. and wait.

Can a plaintiff make a motion to dimiss his/her case? If so, is there a specific form?

The other thing that genuinely bothers me is that I do not want to clog up the court system with an extraneous complaint.

I am looking at the following course: going to work, preparing for my wedding on June 17th (!), going to my oath ceremony on June 16th, and then personally going back to the pro se unit at the court house to ask how I can dismiss my case.

Comments? Thoughts? Suggestions?

And...thanks so much to all.

Gosh, I wish I could celebrate already!!!

Hello guys,

Do we need to list the local US district attorney as a party of interest?

I did list:
Alberto R. Gonzales, Attorney General of the United States;
Michael Chertoff, Secretary of DHS;
Emilio T. Gonzalez, Director of USCIS;
Jane Arellano, Los Angeles District Director of USCIS.

This is new to me, any suggestions ?
 
Congratulations

Congratulations Femme, Tsa3400, and everyone here start his lawsuit. :)
 
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Yup You are right, sorry to use Ghandi in the same note. Take care my friend
 
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Here are the two letters I sent 2 weeks ago. I think it really helped. Oh and guess what I just called USCIS about my case and they said that my Case is Pending Name Check Clearance, bunch of assholes. Don't know shit. Their systems are flawed and so much money is spent. Why don't they just hire monkeys to do their jobs and work with this crappy flawed system.
 
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mohamedmohamed said:
good luck man, we all know what you have been through , more thanyone else.
Yup but I see eveyone has their own issues that amount to the same as mine, so keep that light on and fight fight fight not physically but mentally. And everyone reading this post try to get a bird to poop on your shoulder before going to USCIS offices. It worked for me. Also get evidence some way or the other that your FBI name check is done and file that as an exhibit and take it to USCIS and prove it to them that their system needs to be updated. And like Suzy97 write a letter to Laura Bush about your case and Ombudsman. For Laura Bush attach the letter I gave and the FBI Name Check Clearance and for Ombudsman attach as much as you can with the Case you filed Exhibits so that they can fuck USCIS up royally. Ombudsman is not part of USCIS at all and people have had great success
 
Mr LA said:
Hello guys,

Do we need to list the local US district attorney as a party of interest?

I did list:
Alberto R. Gonzales, Attorney General of the United States;
Michael Chertoff, Secretary of DHS;
Emilio T. Gonzalez, Director of USCIS;
Jane Arellano, Los Angeles District Director of USCIS.

This is new to me, any suggestions ?
Femme & Mr LA,
Do you mean "defendants" when you say "party of interest"?
These are two different parties in the court of law. "Defendants" are the ones you sue. "Parties of interest" are any third party (not a party to the lawsuit, i.e. Plaintiff & Defendants) who has any interest (financial or other) in the outcome of the lawsuit.
As I understand, in our kind of lawsuit, there are no "parties of interest."
Usually, courts need this information, so that judges could recuse themselves if there is any conflict of interests. For example, if you have a party of interest and the judge dates that person's relative, or something like that. In this case, the judge would be biased and must recuse himself from your case.
Am I right?
 
buggin said:
Femme & Mr LA,
Do you mean "defendants" when you say "party of interest"?
These are two different parties in the court of law. "Defendants" are the ones you sue. "Parties of interest" are any third party (not a party to the lawsuit, i.e. Plaintiff & Defendants) who has any interest (financial or other) in the outcome of the lawsuit.
As I understand, in our kind of lawsuit, there are no "parties of interest."
Usually, courts need this information, so that judges could recuse themselves if there is any conflict of interests. For example, if you have a party of interest and the judge dates that person's relative, or something like that. In this case, the judge would be biased and must recuse himself from your case.
Am I right?

I think you are right, they have returned the origin copy of “ Certification and Notice of Interested Parties” yesterday, so if they need it, they should kept it. :)
Do u see when you are stress what can stress do to you, you don’t think !!!!! :eek:
 
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