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

wom_ri said:
I have an update in my online status today. Hopefully it is true( I don't want to be April Fool'ed by USCIS).

Current Status: Card production ordered.
On April 1, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
-------------------------------
My lawsuit will still be active bcos Iam asking for backdated GC as relief
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Congrats!!! I do not think they have a sense of humor so I do think it's for real.
How about amending complaint one more time to add me as another plaintiff?
 
Iam fine with another motion for leave(4th time ) to add plaintiff. We should definitely try it. I'd like to see Judge Lisi's reaction if we win estoppel in R.I. itself. AUSA was mentioning something about me amending my complaint.. I joked to him that he might then ask for 60 more days to respond... :)
lazycis said:
Congrats!!! I do not think they have a sense of humor so I do think it's for real.
How about amending complaint one more time to add me as another plaintiff?
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When file WOM case, do I need to include US Attorney as a defendant? If not, after I mail the copy of complaint and summons to them, how do I tell the court that I sent the complaint and summons to US Attorney? Do I just list it in the Certificate of Service form?
 
congratulations, wom_ri

wom_ri said:
I have an update in my online status today. Hopefully it is true( I don't want to be April Fool'ed by USCIS).

Current Status: Card production ordered.
On April 1, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
-------------------------------
My lawsuit will still be active bcos Iam asking for backdated GC as relief
Click to expand...

That is great news, indeed! I thought you are affected by retrogression though. If that is true, that means they can find a visa number for you although your priority date is not current. This is very significant!!
 
My priority date(april 2000) is current for April(EB2 India has PD Dec 1, 2003 ).
But I still think PD needs to be current only at the time of filing complaint.
wommei said:
That is great news, indeed! I thought you are affected by retrogression though. If that is true, that means they can find a visa number for you although your priority date is not current. This is very significant!!
Click to expand...
 
meteor8 said:
When file WOM case, do I need to include US Attorney as a defendant? If not, after I mail the copy of complaint and summons to them, how do I tell the court that I sent the complaint and summons to US Attorney? Do I just list it in the Certificate of Service form?
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It's better to include US AG as a defendant. As for your district US Attorney, you just file proof of service (return receipt) with the court.
 
Civil cover sheet for ND CA

Lazycis and other gurus,

the Civil cover sheet for northern district of California is a little bit different from the samples I have seen. Under nature of suit, it has a section for Immigration. Under which it has one for Naturalization Application(462). It still has 890 which is Other Statutory Actions. So do I need to check both 462 and 890 or just 462?

Also, if I hand deliver the complaint/exhibits/summons to the US Attorney's office, do I need to obtain a signature from their civil processing clerk? Otherwise how can I prove it?

Thanks a lot!
 
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thanks, lazycis! I already include US AG as a defendant.

Hopefully I can file the lawsuit tomorrow if I can get all the document ready today.

lazycis said:
It's better to include US AG as a defendant. As for your district US Attorney, you just file proof of service (return receipt) with the court.
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Do not hand deliver it. You can ask a cop to deliver the summons. I'd prefer a simple certified mail with return receipt.
meteor8 said:
Lazycis and other gurus,

the Civil cover sheet for northern district of California is a little bit different from the samples I have seen. Under nature of suit, it has a section for Immigration. Under which it has one for Naturalization Application(462). It still has 890 which is Other Statutory Actions. So do I need to check both 462 and 890 or just 462?

Also, if I hand deliver the complaint/exhibits/summons to the US Attorney's office, do I need to obtain a signature from their civil processing clerk? Otherwise how can I prove it?

Thanks a lot!
Click to expand...
 
wom_ri said:
Do not hand deliver it. You can ask a cop to deliver the summons. I'd prefer a simple certified mail with return receipt.
Click to expand...

Technically plaintiff cannot perform a valid service by himself. So unless you can ask somebody else to hand deliver it, use certified mail. Otherwise civil clerk will sign back page of summons or will give server a receipt. As for civil cover sheet, it does not really matter what you check.
 
a question about motion service

Lazycis and other members,

I want to file a motion to seal some documents with the court. Do I need to serve the motion to US attorney? When I file this motion with the court, do I need to mail a certificate of service to the court (it seems to be unnecessary if I don't need to serve US attorney)? Thanks.
 
A certificate of service upon opposing counsel should be attached to any motion filed with the court. You do need to serve the motion to AUSA.
 
new forum for backdated GC

Lazycis,others:
Do people on this forum feel that issues relating to backdating GC be discussed on another forum. If so, can lazycis and or other senior members on this forum please create one ?
I think, for people who suffered delays on account of NameCheck, it is possible to get a backdated GC and we need to discuss this further.
 
Does anyone know any recent success of wom case (citizenship, no interview) in northern Texas district? Any recommendation for good lawyers?

Thanks a lot!
 
That would be good

wom_ri said:
Lazycis,others:
Do people on this forum feel that issues relating to backdating GC be discussed on another forum. If so, can lazycis and or other senior members on this forum please create one ?
I think, for people who suffered delays on account of NameCheck, it is possible to get a backdated GC and we need to discuss this further.
Click to expand...
 
dfwikea said:
Does anyone know any recent success of wom case (citizenship, no interview) in northern Texas district? Any recommendation for good lawyers?

Thanks a lot!
Click to expand...

You should contact N400-Misery as he was going to hire an attorney for several people from your district (naturalization with no interview). Check the previous page.

Attached is a recent positive decision from your district.
 
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Thank you, Lazycis! I just cannot image this board running without you. :D

lazycis said:
You should contact N400-Misery as he was going to hire an attorney for several people from your district (naturalization with no interview). Check the previous page.

Attached is a recent positive decision from your district.
Click to expand...
 
USCIS/FBI joint plan to eliminate the backlog of FBI name checks

Just posted on AILA's website!

http://www.aila.org/content/default.aspx?docid=25095
"...
By increasing staff, expanding resources, and applying new business processes, the goal is to complete 98
percent of all name checks within 30 days. USCIS and the FBI intend to resolve the remaining two
percent, which represent the most difficult name checks and require additional time to complete, within
90 days or less. The goal is to achieve and sustain these processing times by June 2009.
...
"

Link to USCIS: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
 
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