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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Steps to file
Dear all, please advise on the filing steps. I checked the instructions on 1st page, but don't know if there are any specific requirements for the TRO. I can only think of the following:
- Write Affidavit and get it notarized as an exhibit for TRO
- Drop off the Complaint and TRO to the court clerk. Does each require a separate civil cover sheet? How many copies should I prepare? One for court, one for each defendant, one for US Attorney and one for myself? Any specific binding requirements for the documents?
- Pay filing fee. ($350. do I need to pay additional for TRO?) Get summons with case number. Put case# on all copies.
- Serve the documents with summons to the defendants with certified mail with return receipt. Does the deliver time matter for these? Should I use Express Mail for all? Can I use online delivery status as proof of delivery?
- Hand delivery to District Attorney's Office (civil process clerk) - Does the court have such service or I will have to do this myself (lazycis said it should be ok)?
- Do I need to do a "Certificates of Service" for all deliveries to give to court? How to deal with this if I had to deliver to US Attorney's office myself?
- Finally, when does the clock officially start ticking, and how should I follow up?
Thank you so much for your help!!
Dear all, please advise on the filing steps. I checked the instructions on 1st page, but don't know if there are any specific requirements for the TRO. I can only think of the following:
- Write Affidavit and get it notarized as an exhibit for TRO
- Drop off the Complaint and TRO to the court clerk. Does each require a separate civil cover sheet? How many copies should I prepare? One for court, one for each defendant, one for US Attorney and one for myself? Any specific binding requirements for the documents?
- Pay filing fee. ($350. do I need to pay additional for TRO?) Get summons with case number. Put case# on all copies.
- Serve the documents with summons to the defendants with certified mail with return receipt. Does the deliver time matter for these? Should I use Express Mail for all? Can I use online delivery status as proof of delivery?
- Hand delivery to District Attorney's Office (civil process clerk) - Does the court have such service or I will have to do this myself (lazycis said it should be ok)?
- Do I need to do a "Certificates of Service" for all deliveries to give to court? How to deal with this if I had to deliver to US Attorney's office myself?
- Finally, when does the clock officially start ticking, and how should I follow up?
Thank you so much for your help!!
The complaint looks good. Few very minor things:
-comma missing at the end of some named defendants
-in the Prayer, item (e), remove the trailing double quotes and add a semi-colon.
Few tips:
You can take extra copies of the Complaint and TRO and sign them all. If the court clerk is not too reluctant to stamp them, you may want to get all copies stamped although the court stamp is not necessary for the complaint to be served on defendants.
Have summons pre-filled and make multiple copies, court clerk is going to stamp them probably with en embossed stamp and this will be your original summons. Depending on the local rules, for example in MA, the original summons are to be filed with the court at the time of filing proof of service.
Check with court clerk if the court will accept the printout of online delivery confirmation instead of the paper green card. This will save you some dough.
I think you may be fine hand-delivering to US Attorney's office and make sure you get some sort of receipt from the receiving person. It could be just in the form of a stamp reading "Received with the current date etc". The date of delivery of Complaint and TRO to US Attorney's office will be the reference point for all deadlines.
Good luck!
-comma missing at the end of some named defendants
-in the Prayer, item (e), remove the trailing double quotes and add a semi-colon.
Few tips:
You can take extra copies of the Complaint and TRO and sign them all. If the court clerk is not too reluctant to stamp them, you may want to get all copies stamped although the court stamp is not necessary for the complaint to be served on defendants.
Have summons pre-filled and make multiple copies, court clerk is going to stamp them probably with en embossed stamp and this will be your original summons. Depending on the local rules, for example in MA, the original summons are to be filed with the court at the time of filing proof of service.
Check with court clerk if the court will accept the printout of online delivery confirmation instead of the paper green card. This will save you some dough.
I think you may be fine hand-delivering to US Attorney's office and make sure you get some sort of receipt from the receiving person. It could be just in the form of a stamp reading "Received with the current date etc". The date of delivery of Complaint and TRO to US Attorney's office will be the reference point for all deadlines.
Good luck!
- Write Affidavit and get it notarized as an exhibit for TRO
- Go to Court. File complaint+exhibits+cover sheet. Pay filing fee. Bring filled summons for each defendants. Clerk will stamp summons and assign case number. Put case number on the TRO. File TRO+certificate of service (in certificate of service say how you are going to serve copy to district attorney (AUSA).
- Serve a copy of complaint with exhibits+copy of summons (photocopy those)+TRO upon AUSA (you or you friend can hand deliver, court will not provide service). AUSA Clerk will give you a receipt (you will use it later to file proof of service).
- Serve a copy of complaint+original summon to each defendant by certified mail+return receipt requested.
- Go to Court. File complaint+exhibits+cover sheet. Pay filing fee. Bring filled summons for each defendants. Clerk will stamp summons and assign case number. Put case number on the TRO. File TRO+certificate of service (in certificate of service say how you are going to serve copy to district attorney (AUSA).
- Serve a copy of complaint with exhibits+copy of summons (photocopy those)+TRO upon AUSA (you or you friend can hand deliver, court will not provide service). AUSA Clerk will give you a receipt (you will use it later to file proof of service).
- Serve a copy of complaint+original summon to each defendant by certified mail+return receipt requested.
See answers in the message below:
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lazycis, jefkorn, thank you so much for the detailed instructions.
Is this one, Richard B. Roper, the U.S. Attorney I need to serve to?
http://www.usdoj.gov/usao/txn/attorney.html
http://www.usdoj.gov/usao/offices/usa_listings2.html#t
Another question, In the "Requirements For All New Civil Cases" in the Northern Texas District Court, Item 5 is a "Certificate of Interested Persons":
" A plaintiff must submit, along with the complaint, a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, corporations, partnerships, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who are financially interested in the outcome of the case (see LR 3.1). A defendant must submit, with the initial responsive pleading, a separately signed certificate of interested persons, or the defendant may adopt a certificate previously filed.
The party who removes a civil action from state court must provide a separately signed certificate of interested persons that complies with LR 3.1(f). The plaintiff in the state court action may either adopt the removing party's certificate or file another certificate (see LR 81.1 and 81.2)."
http://www.txnd.uscourts.gov/publications/atty_book/attyhb_III.html#5
I have attached the form. It doesn't sound like something I'd need to do for my case. What do you think?
Another question I had earlier (Post#17512 in previous page) is that I'd like to request USCIS to provide the number of cases approved with PD after mine and the number of cased approved without NC before the Feb 4 2008 memo came into effect. Can I just directly include this in the TRO, or should I do a Request for Documents as the template?
Thanks a lot!!!
Is this one, Richard B. Roper, the U.S. Attorney I need to serve to?
http://www.usdoj.gov/usao/txn/attorney.html
http://www.usdoj.gov/usao/offices/usa_listings2.html#t
Another question, In the "Requirements For All New Civil Cases" in the Northern Texas District Court, Item 5 is a "Certificate of Interested Persons":
" A plaintiff must submit, along with the complaint, a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, corporations, partnerships, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who are financially interested in the outcome of the case (see LR 3.1). A defendant must submit, with the initial responsive pleading, a separately signed certificate of interested persons, or the defendant may adopt a certificate previously filed.
The party who removes a civil action from state court must provide a separately signed certificate of interested persons that complies with LR 3.1(f). The plaintiff in the state court action may either adopt the removing party's certificate or file another certificate (see LR 81.1 and 81.2)."
http://www.txnd.uscourts.gov/publications/atty_book/attyhb_III.html#5
I have attached the form. It doesn't sound like something I'd need to do for my case. What do you think?
Another question I had earlier (Post#17512 in previous page) is that I'd like to request USCIS to provide the number of cases approved with PD after mine and the number of cased approved without NC before the Feb 4 2008 memo came into effect. Can I just directly include this in the TRO, or should I do a Request for Documents as the template?
Thanks a lot!!!
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visa number arguments in TRO
I am working on the TRO now...
I use the Srinivasan case and wom_ri and wommei's Preliminary Injunction and TRO applications as templates. I found that their cases are common in that they requested USCIS/DOS to reserve visa numbers from next month when their PD were current or would become current, to prevent their visa numbers from getting exhausted.
My situation is a bit different in that my PD is current this month but will retrogress starting Oct 1. It's likely that USCIS could argue that visa numbers in my category in FY 2008 have already been exhausted and even though my PD is current per visa bulletin, no more visa numbers are available. (China/India EB-2s are using spill-over visa numbers from ROW EB-1/EB-2 already. However, USCIS always wasted some EB visas each year. So I think there may still be visas floating around and hopefully USCIS will start to release again at end of this month...)
Shall I address this ahead in my TRO? If so, what will be a good strategy? What I have found are:
1. congressional intent - USCIS needs to utilize visa numbers to the fullest extent possible.
2. visa can be obtained from unused visas in EB1 category or unused worldwide EB2. employment-based immigrants are not subject to per country limitation if additional visas available.
3. congressional intent - visa should be assigned based on the order of the application is filed. USCIS approved tons of applications with PD2006 and RD2007 in August and September this year, which took away my number. Request USCIS to provide data of those approved cases later than my PD.
4. USCIS requested and used up all visa numbers in June/July 2007 and approved some cases w/o cleared NC, while my application was held up in NC. Request USCIS to provide data of those cases.
5. What else?....
I am not sure if I should include these arguments in the TRO, in case USCIS says visa number is already used up. Or should I leave them out and just say my case is eligible per current VB? My mind is not working too well at 2am...Please advise. Thank you!!
I am working on the TRO now...
I use the Srinivasan case and wom_ri and wommei's Preliminary Injunction and TRO applications as templates. I found that their cases are common in that they requested USCIS/DOS to reserve visa numbers from next month when their PD were current or would become current, to prevent their visa numbers from getting exhausted.
My situation is a bit different in that my PD is current this month but will retrogress starting Oct 1. It's likely that USCIS could argue that visa numbers in my category in FY 2008 have already been exhausted and even though my PD is current per visa bulletin, no more visa numbers are available. (China/India EB-2s are using spill-over visa numbers from ROW EB-1/EB-2 already. However, USCIS always wasted some EB visas each year. So I think there may still be visas floating around and hopefully USCIS will start to release again at end of this month...)
Shall I address this ahead in my TRO? If so, what will be a good strategy? What I have found are:
1. congressional intent - USCIS needs to utilize visa numbers to the fullest extent possible.
2. visa can be obtained from unused visas in EB1 category or unused worldwide EB2. employment-based immigrants are not subject to per country limitation if additional visas available.
3. congressional intent - visa should be assigned based on the order of the application is filed. USCIS approved tons of applications with PD2006 and RD2007 in August and September this year, which took away my number. Request USCIS to provide data of those approved cases later than my PD.
4. USCIS requested and used up all visa numbers in June/July 2007 and approved some cases w/o cleared NC, while my application was held up in NC. Request USCIS to provide data of those cases.
5. What else?....
I am not sure if I should include these arguments in the TRO, in case USCIS says visa number is already used up. Or should I leave them out and just say my case is eligible per current VB? My mind is not working too well at 2am...Please advise. Thank you!!
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You are right about US Attorney's name.
The only thing that makes me think that you do not need to file "Certificate of Interested Persons" is because of this phrase: "...legal entities who are financially interested in the outcome of the case" . Otherwise yours is a civil action/lawsuit too and it would be required for all new civil cases.
If you ever need to double check what documents are required in your district, log on to PACER and look at docket reports of some cases that have been decided. May be the ones that you have quoted in your Complaint and see how they are filing different documents and also get some ideas on what to provide in the forms etc.
Regarding request for documents, you are asking to do discovery which is a pre-trial phase. You will have to do it separately and you can use the template that you attached.
The discovery will be another tool in putting pressure on USCIS and as a plus, USCIS may start working on your AOS to avoid disclosing the all that you ask.
The only thing that makes me think that you do not need to file "Certificate of Interested Persons" is because of this phrase: "...legal entities who are financially interested in the outcome of the case" . Otherwise yours is a civil action/lawsuit too and it would be required for all new civil cases.
If you ever need to double check what documents are required in your district, log on to PACER and look at docket reports of some cases that have been decided. May be the ones that you have quoted in your Complaint and see how they are filing different documents and also get some ideas on what to provide in the forms etc.
Regarding request for documents, you are asking to do discovery which is a pre-trial phase. You will have to do it separately and you can use the template that you attached.
The discovery will be another tool in putting pressure on USCIS and as a plus, USCIS may start working on your AOS to avoid disclosing the all that you ask.
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My two cents: If you are short on time, I wouldn't put too much into pro actively addressing the possible USCIS arguments in TRO that visa numbers have been exhausted. All the points you mentioned are good.
Others, what do you think? Should lvla save some of the arguments for later or put them comprehensively in TRO?
Also you as a plaintiff don't know if the visa numbers have been exhausted because neither USCIS not DOS has made it public so you should operate under the assumption that visa number is available in your category which according to the DOS visa bulletin(VB) is.
Emphasize on what's known, your PD current under current VB and need to reserve a visa number to adjudicate your AOS because it causes you injury etc.
I'm little tied up at work so sorry if I'm not being too responsive here. Again good luck and good job. You have come up to speed quick and are doing good. Just keep in mind that success is biased towards those who take action. You will prevail in the end.
Others, what do you think? Should lvla save some of the arguments for later or put them comprehensively in TRO?
Also you as a plaintiff don't know if the visa numbers have been exhausted because neither USCIS not DOS has made it public so you should operate under the assumption that visa number is available in your category which according to the DOS visa bulletin(VB) is.
Emphasize on what's known, your PD current under current VB and need to reserve a visa number to adjudicate your AOS because it causes you injury etc.
I'm little tied up at work so sorry if I'm not being too responsive here. Again good luck and good job. You have come up to speed quick and are doing good. Just keep in mind that success is biased towards those who take action. You will prevail in the end.
Say "no". Your goal is to have your N-400 adjudicated, not just go to the interview. So if USCIS gives you commitment that your N-400 will be decided by the end of November, for example, you may agree to hold the case. You can also ask to schedule interview earlier. You do not gain anything by agreeing to unconditional extension. Try to get concessions from AUSA first and ask AUSA to press USCIS for earlier interview/oath date or for a commitment to adjudicate the N-400 by a certain date. If AUSA/USCIS agree, then you can agree to hold the case.
You can still file a lawsuit. It will be more difficult to win, but not impossible.
Read these to start:
http://www.ailf.org/lac/asylee_adjustment.asp
http://immigrationvoice.org/forum/showthread.php?t=17306
yourfirstname
Registered Users (C)
Ivla,
just make sure to not to put your personal information in the affidavit, the way it was done in Srinivasan's affidavit. I believe just the name of the person giving affidavit should be fine enough. if you badly want to add more information then just add the county or/and city of residence. Anyways, you will get the affidavit notarized so notary public's journal will have your personal information like address and DL#.
Thanks
just make sure to not to put your personal information in the affidavit, the way it was done in Srinivasan's affidavit. I believe just the name of the person giving affidavit should be fine enough. if you badly want to add more information then just add the county or/and city of residence. Anyways, you will get the affidavit notarized so notary public's journal will have your personal information like address and DL#.
Thanks
Time to dismiss!
I have received GC in mail for my spouse. Should I ask AUSA to send me the text of stipulation to dismiss or just ask her to go ahead and dismiss? The AUSA had contacted me earlier to file for stipulation to dismiss the case when USCIS sent my wife's approval notice. I expressed reluctance as my spouse hadn't received her card and there was some language on the approval notice suggesting that she may have to go for biometrics before the card could be issue. I promised AUSA that I will let her know when I receive the card for my wife and AUSA didn't file for dismissal.
What do you think? Especially when no answer was filed from defendants and dismissal "with or without prejudice" doesn't have any legal standing. I don't know if AUSA is going to dismiss with or without prejudice.
I have received GC in mail for my spouse. Should I ask AUSA to send me the text of stipulation to dismiss or just ask her to go ahead and dismiss? The AUSA had contacted me earlier to file for stipulation to dismiss the case when USCIS sent my wife's approval notice. I expressed reluctance as my spouse hadn't received her card and there was some language on the approval notice suggesting that she may have to go for biometrics before the card could be issue. I promised AUSA that I will let her know when I receive the card for my wife and AUSA didn't file for dismissal.
What do you think? Especially when no answer was filed from defendants and dismissal "with or without prejudice" doesn't have any legal standing. I don't know if AUSA is going to dismiss with or without prejudice.
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Thanks and I replied to your email.
Thank you lazycis and high fives for you and all other members here who are taking charge and making a difference in their lives as well as in others.
What do you say about dismissal. I think I don't have anything to worry about the wording etc? Please see my post above.
What do you say about dismissal. I think I don't have anything to worry about the wording etc? Please see my post above.
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No originals are required as far as the receipt notices, letter from congressman USCIS/Ombudsman etc. Is it possible for you to get multiple copies of affidavit notarized? In that way you can attach "original notarized affidavit" when filing with the court and serving AUSA or defendants.
lazycis and others,
Should the TRO be delivered/mailed to named defendants in addition to AUSA?
lazycis and others,
Should the TRO be delivered/mailed to named defendants in addition to AUSA?