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

Yes. In some cases you may be able to hand deliver the summons for USA+complaint+exhibits to USA's office. Make sure you get a stamp from the person (receptionist) in USA's office on a copy of the Summon to file later with court as proof of service.
After you deliver either by hand or by certified mail, person receiving this is said to be served (or has been notified of a lawsuit against him). Another ways of saying the same thing is that process of service has been conducted. Service here means act of serving.
Don't get confused by the language on the Summons form which usually implies that the person being served is being sued. USA is not directly being sued but he still needs to be served because he is representing the Defendants. Hope it helps. Let's know if clarified things or confused you some more ;-)
OK-Boy said:
Yes attorney general is in the list. When you say service of process is conduct on someone; it means you have served him with a summon on his name plus complaint with the certified mail...Right?
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Awesome, Jefkorn surely it cleared out everything. Please hang around until all of us get our GC/Citizenship done.

jefkorn said:
Yes. In some cases you may be able to hand deliver the summons for USA+complaint+exhibits to USA's office. Make sure you get a stamp from the person (receptionist) in USA's office on a copy of the Summon to file later with court as proof of service.
After you deliver either by hand or by certified mail, person receiving this is said to be served (or has been notified of a lawsuit against him). Another ways of saying the same thing is that process of service has been conducted. Service here means act of serving.
Don't get confused by the language on the Summons form which usually implies that the person being served is being sued. USA is not directly being sued but he still needs to be served because he is representing the Defendants. Hope it helps. Let's know if clarified things or confused you some more ;-)
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Jefkorn, Another question in the same context; does it really matter if we send the defendants the original copy of summons or the fotocopy, please advice?

jefkorn said:
Yes. In some cases you may be able to hand deliver the summons for USA+complaint+exhibits to USA's office. Make sure you get a stamp from the person (receptionist) in USA's office on a copy of the Summon to file later with court as proof of service.
After you deliver either by hand or by certified mail, person receiving this is said to be served (or has been notified of a lawsuit against him). Another ways of saying the same thing is that process of service has been conducted. Service here means act of serving.
Don't get confused by the language on the Summons form which usually implies that the person being served is being sued. USA is not directly being sued but he still needs to be served because he is representing the Defendants. Hope it helps. Let's know if clarified things or confused you some more ;-)
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It would depend on local court rules, you need to check the Pro Se handbook or court's web site. I served the copies of summons to Defendants and filed the original summons back with the court when filing the proof of service.

I was confused about the same issue. See here and ensuing messages and replies from other members.

Isn't original copy an oxymoron :)

OK-Boy said:
Jefkorn, Another question in the same context; does it really matter if we send the defendants the original copy of summons or the fotocopy, please advice?
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jefkorn,

The clerk told me that the original summon(with the embossed stamp) must be returned back to court as executed. Defendants are served with the copy of the summon. Its ND CAL, may be all districts do not have same rule.

jefkorn said:
It would depend on local court rules, you need to check the Pro Se handbook or court's web site. I served the copies of summons to Defendants and filed the original summons back with the court when filing the proof of service.

I was confused about the same issue. See here and ensuing messages and replies from other members.

Isn't original copy an oxymoron :)
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mka,
In MA, original Summons with embossed stamp should be attached when filing proof of service with the court after they have been served/delivered on Defendants .

mka said:
jefkorn,

The clerk told me that the original summon(with the embossed stamp) must be returned back to court as executed. Defendants are served with the copy of the summon. Its ND CAL, may be all districts do not have same rule.
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mka said:
Judge Could Soon Order Clearing of Big Immigration Backlog

A federal judge in Manhattan will decide, as early as tomorrow, whether to force the federal government to process a backlog of tens of thousands of citizenship applications in time for Election Day.

http://www.nysun.com/new-york/judge-could-soon-order-clearing-of-big/83289/
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Well this will definitely help in pushing the FBI to clear their backlogs - quickly. I wonder if the FBI/USCIS could appeal such a ruling though - in a higher court.
 
I only filed the proof of service without including the summon. It's much easier with proof of service. I am attaching mine here. It's hard to fill the second page of the summon.

mka said:
jefkorn,

The clerk told me that the original summon(with the embossed stamp) must be returned back to court as executed. Defendants are served with the copy of the summon. Its ND CAL, may be all districts do not have same rule.
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Does the court accept the Proof of Service instead of having the second page of the summon? Also did you attach the Green Card (Defendants' signature) OR only the computer online proof of delivery confirmation?

meteor8 said:
I only filed the proof of service without including the summon. It's much easier with proof of service. I am attaching mine here. It's hard to fill the second page of the summon.
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I should make a correction here. I filed Certificate of Service which might be different from proof of service(which requires second page of summon?).

The court accepted my Certificate of Service without the second page of the summon. I didn't use the returned signature service, only the printout of the online delivery confirmations and the receipts of the certified mails.

OK-Boy said:
Does the court accept the Proof of Service instead of having the second page of the summon? Also did you attach the Green Card (Defendants' signature) OR only the computer online proof of delivery confirmation?
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wommei said:
Hey, Lazycis and others,

Our I485 applications are approved this morning and I am so glad that I will get the green card soon. When I started the lawsuit in September 2007, I knew little about the caselaws, federal statues and regulations. I have learned so much from lazycis, wom_ri and other Womers since then. I am very grateful for your generous help during this process and I know that I cannot do this without your help, guidance and encouragement. Although I am a little dispointed that aliens who file lawsuit after me won't be able to cite a written opinion on my case, I think I can live with that. :)



Current Status: Card production ordered.

On August 5, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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congrat, all your hard work paid off , i hope your N-400 it will be better than our exprince . good luck
 
lazycis said:
waitwait,
you may want to check this post
http://boards.immigration.com/showpost.php?p=1909671&postcount=16563
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lazycis , jefkron
thank you for all the info and input that you gave me , i am out of the local CIS office processing time for about year now , and i have a letter from CIS a year ago stating that, and as of now they are working on N-400 it was filed 6 months after me , which is i add an exhbite for it in my original complaint , so i can use a new one in my respond to MTD . I am just trying to get ready for it just in case the NC it's not clear by the time that i have my interview . i will keep you all posted . thanks guys
 
Clerk rejected my certificate of service stating that certificate of service does not work with serving complaint but other papers served later in the case.

OK-Boy said:
Does the court accept the Proof of Service instead of having the second page of the summon? Also did you attach the Green Card (Defendants' signature) OR only the computer online proof of delivery confirmation?
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did you mail in or hand deliver your certificate of service? I think a lot of people stated here before that they used certificate of service instead of the second page of summon to show that they have served the defendants.

mka said:
Clerk rejected my certificate of service stating that certificate of service does not work with serving complaint but other papers served later in the case.
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meteor8 said:
did you mail in or hand deliver your certificate of service? I think a lot of people stated here before that they used certificate of service instead of the second page of summon to show that they have served the defendants.
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I hand delivered certificate of service to court. I did not have proof of service prepared as I thought certificate of service is enough. The clerk rejected the certificate of service and made me fill six proof of service at the counter.

Thanks
Mahesh
 
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Welcome Back Lazycis

Lazycis:

I hope you had a pleasant and relaxing vacation. We all missed you around here..:eek:

Beyond any reasonable doubt, you are the backbone of this wonderful forum.

Welcome back my friend!

Talk to you soon.
 
here is what I found from the ProSe handbook of ND CAL:

---------------------
What is a certificate of service?
After you complete service of the complaint and summons, you should file a “certificate
of service“ (or a “proof of service“) with the court which shows when and how you served the
complaint and summons on each defendant. The purpose of the certificate of service is to allow
the court to determine whether service of the documents was actually accomplished in
accordance with the requirements of the law. The certificate of service must state:
1. The date service was completed;
2. The place where service was completed;
3. The method of service used;
4. The names and street address or email address of each person served; and
5. The documents that were served.
The certificate of service must be signed and dated by the person who actually served the
complaint and summons. If you hired a process server, the certificate of service must be signed
by the process server. If you asked a friend to serve the complaint and summons, the certificate
of service must be signed by the friend who actually served the complaint and summons. The
person who served the documents must also swear under penalty of perjury that the statements in
the certificate of service are true.
---------------

If your certificate of service met all the above conditions, I am not sure why the clerk could reject it.

BTW, try to use postal mail. Save time and save gas. :)

mka said:
I hand delivered certificate of service to court. I did not have proof of service prepared as I thought certificate of service is enough. The clerk rejected the certificate of service and made me fill six proof of service at the counter.

Thanks
Mahesh
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Did you just fill in the back page(second page) of the Summons form( titled Proof of Service) and delivered one copy for each named Defendant + AG (if not named) + USA to clerk?

When you say you didn't have prepared Proof of Service, did you not prepare a separate document like the one meteor8 posted?

All in all if the clerk accepted it after you filled up second page of Summons on the spot, you have nothing to worry about. But it's good to know what's going on for the benefit of rest of us.
mka said:
I hand delivered certificate of service to court. I did not have proof of service prepared as I thought certificate of service is enough. The clerk rejected the certificate of service and made me fill six proof of service at the counter.

Thanks
Mahesh
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OK-Boy said:
Dude, you need to share your time-line with us so that we could correctly speculate. I got my second FP before 2 months of my IV. If you filed WOM about 2-3 months ago then the chances are very strong that it has triggered the process. Hopefully you will get the IV letter with 1-2 months. Just hang in there and don't voluntarily dismiss the suit until you get the OL...
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As a follow-up to this, I got an email from the Asst. U.S. Attorney - asking if I had received my fingerprint notice.
 
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