Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
In the initial Complaint use the complete names. Later when you have a case number, you can use the short form Doe v. Chertoff et al. (et. al means others). The convention is to follow the sequence of named Defendants. If in your list you named Chertoff first, you will say Doe v. Chertoff and include the rest with "et al.". If you had ordered them such that Mueller is the first named defendant, you will use Doe v. Mueller et al
I don't see any harm but don't go shopping for a new phone connection.
Ask for more so you will have options.
updates: Tomorrow I will request a hearing, I am not confident at all if the judge will be kind enough to allow a hearing or not.
In all the cases I looked, only when there's MTD or MSJ did the judge order the hearing. i.e. judge initiated hearing, instead of responded to any parties.
I have not seen any judge ordered a hearing simply because plaintiff requested so. I do not think I'll be the luck one, but I will request one anyway.
In all the cases I looked, only when there's MTD or MSJ did the judge order the hearing. i.e. judge initiated hearing, instead of responded to any parties.
I have not seen any judge ordered a hearing simply because plaintiff requested so. I do not think I'll be the luck one, but I will request one anyway.
Last edited by a moderator:
yourfirstname
Registered Users (C)
I will have my interview on 8/14. Can any WOMERS share your interview experience? I am just worried that the interview officer might give me a hard time and ask all kinds of questions/documents since I sued them. In the IL, it only asks to bring my GC, passport and drivers license(I knew I am supposed to bring a lot more documents besides the ones they asked in the IL).
Don't worry, USCIS is a govt. agency notta mafia. Be prepare for everything but don't expect anything off way. If you are too worried then take an attorney with you like what I did. But, I wouldn't highly recommend that either. However, take all the papers in case they ask something extra.
Check the local rules about sending the original of Summons vs copy. you can send both pages to Defendants if you you want and you can leave the second page blank or you may even just send the first page and when it's delivered(Defendants have been served), fill up the second page(Certificate of Service) and file it back with the court (copy or original depending on the local rules) BOTH pages. Court just wants to make sure that you served the Defendants within 120 days of filing the Complaint.
You should ask the AUSA that since you got an interview you are ready to file a mutual extension to grant defendants additional time to adjudicate. If she agrees, just file a motion to suspend proceedings temporarily with the court since USCIS has initaiated some action on the adjuducation. Of course put a time lime like 6 weeks so that if you dont get oath leter in 6 weeks you can file a another motion for resume proceedings.
1447(b)
Lazycis and others,
When I mention the similar (1447b) cases of my State (different districts) in the ARGUMENTS section of my complaint; most of them were voluntarily dismissed by the Plaintiff as he/she got the Citizenship. Can I mention it in my Complaint, assuming it would not offend either AUSA or Judge. Please explain….
Lazycis and others,
When I mention the similar (1447b) cases of my State (different districts) in the ARGUMENTS section of my complaint; most of them were voluntarily dismissed by the Plaintiff as he/she got the Citizenship. Can I mention it in my Complaint, assuming it would not offend either AUSA or Judge. Please explain….
I think the USCIS is getting close to mafia and be very careful during the interview. Don't answer questions if you don't know the answer. You can tell them that you don't remember if you are not sure if it is facts. I know a couples of guys got denied on their application partially because they filed lawsuit against USCIS. For one guy, he gave a slightly different address in the second interview and it was an honest mistake. His application was denied because of that.
There is the other guy who got divorced with his wife. And it is ridiculous that the USCIS accused him for bad moral character because his wife asked the court to issure a protective order although he has no history or record to abuse his wife. But the federal court reversed the USCIS' decision because the court found that the USCIS doesn't have sufficient evidence to prove the appliant has bad moral character.
I also read this news report on New Yorks' time. An green card applicant was sexusally assaulted in federal building by the immigration officer during an interview. I am not sure even mafia can do that. So be prepared!
There is the other guy who got divorced with his wife. And it is ridiculous that the USCIS accused him for bad moral character because his wife asked the court to issure a protective order although he has no history or record to abuse his wife. But the federal court reversed the USCIS' decision because the court found that the USCIS doesn't have sufficient evidence to prove the appliant has bad moral character.
I also read this news report on New Yorks' time. An green card applicant was sexusally assaulted in federal building by the immigration officer during an interview. I am not sure even mafia can do that. So be prepared!
gctarget06
Registered Users (C)
I-1485 approval without security check.
Thanks a Lot Jefkorn ! appreciate your prompt response.
Thanks a Lot Jefkorn ! appreciate your prompt response.
Template for legal pleading with vertical borders and line numbers
Although the questions had been answered. I found the template for this format online at Microsoft's website. Here it is:
"Pleading form with 28 lines"
http://office.microsoft.com/en-us/templates/TC060870011033.aspx?pid=CT101481321033&WT.mc_id=42
Find more templates (including more Legal templates) at http://office.microsoft.com/templates
Although the questions had been answered. I found the template for this format online at Microsoft's website. Here it is:
"Pleading form with 28 lines"
http://office.microsoft.com/en-us/templates/TC060870011033.aspx?pid=CT101481321033&WT.mc_id=42
Find more templates (including more Legal templates) at http://office.microsoft.com/templates
Last edited by a moderator:
I agree with you Wommei up to some extend. I have a clean case but I went with an attorney in my IV as I threatened to file suit before IV. I'm still waiting for the OL after 3 months and will definitely file 1447(b) after 120 days as Pro Se...
Ok-Boy
Ok-Boy,
I hope you can get the OL before you file any lawsuit to save all the hassles. It is probably a good idea to go with an attorney too.
Ok-Boy,
I hope you can get the OL before you file any lawsuit to save all the hassles. It is probably a good idea to go with an attorney too.
yourfirstname
Registered Users (C)
A question about summons.
Should I get saperate summon for every defendant or just one summon having all defendants listed on it?
Should I get saperate summon for every defendant or just one summon having all defendants listed on it?
I think it's ok both ways but you may want to have one for each Defendants for sake of clarity. Keeping them together doesn't buy you much as you will have to send them to all Defendants anyway and court clerk won't mind stamping a few of them. Moreover, on the first page on the summons form, you probably won't have enough space to cram all Defendants in there.
in ND CAL, You just need to prepare one summon which lists all the defendants in the following format:
----------------------
Joe v. Chertoff, et al
To: Michael Chertoff et al.
----------------------
The clerk will stamp this summon, then you make copies and send the same summon to each individual defendant plus AUSA.
Note, initially I prepared separate summon for each defendant and the clerk wouldn't stamp it for me.
----------------------
Joe v. Chertoff, et al
To: Michael Chertoff et al.
----------------------
The clerk will stamp this summon, then you make copies and send the same summon to each individual defendant plus AUSA.
Note, initially I prepared separate summon for each defendant and the clerk wouldn't stamp it for me.
Well, my court allows both methods. I tried to ask with my Clerk for sending a separate summon to AUSA but he refused to reply. I looked into the civil suit procedure but couldn't find the answer. I think that we should send the copy of complaint plus the copy of summons (all defandants) to AUSA w/o having a separate summon for him. This is a grey area and need more explanation...
yourfirstname
Registered Users (C)
meteor8,
it must be dependent on the clerk or the court site in ND CAL. Clerk was ok either way for me.
it must be dependent on the clerk or the court site in ND CAL. Clerk was ok either way for me.