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

[lazycis]

A question about the summon letter:

I downloaded the summon letter from North Texas District court website (attached). I assume that for the first court visit I only need to fill out the first page, is that right?
Also, sincel I have 4 defendants (Secretary of DHS, USCIS Director, TSC Director and US Attorney General) I need to prepare 4 summon letters along with 4 copies of WOM complaint with all the exhibits.
I don't understand the questions asked on the 2nd page of Summon letter (Proof of Service). Please help.

Thanks.

You need to fill out only the first page when you file the complaint. You need to fill case title, defendant's info and plaintiff's info. Keep second page for yourself. After you serve the complaint and get return receipts from defendants, fill out the second pages, attach return receipts and file them with the court. Prepare two more copies of complaint - one for the court and one - for US attorney in your district. Prepare a summon for US Attorney in your district as well. After clerk stamps the summons, make a copy of those and serve copies along with complaint to local US Attorney's office.
Your complaint looks OK. You may include a couple references to successful cases from your court but it's not required.

 

[jefkorn]

1. They are not required. If you have the cases, do mention them, if you don't have them, don't worry about and you can use favorable opinions from other districts.
2. You also need the summons form which will be stamped by the court. The court will keep the original of the Complaint + exhibits + cover sheet. You can take an extra copy for your own record. The clerk will stamp any number of copies that you have over to them. But it's not absolutely necessary to have all copies stamped. What's important is to get the case number that will be assigned the moment you hand over the complaint. I don't know if your court allows you to make copies free or charge or at exorbitant prices. So make sure you make all the copies before hand to save last minute hassle. You can make copies of your personal copy of Complaint after you get it stamped and send to defendants or make separate copies before going to the court and get them all stamped for sending to defendants. The complaint I sent to defendants was not stamped by court rather I just wrote the case number on it be hand. The summons for all named defendants and local US Attorney were stamped by the court clerk though.
3. Not sure about that, I haven't seen too many cases from Texas. But it will be after you file

Dear all,

I am planning to file my WOM tomorrow. I have attached my complaint document. Would you please take a look and give me your inputs? Specifically, I need to know:

1) In my complaint, should I mention citations from successful WOM law suits filed in the Northern District of Texas (5th circuit)?
2) In my first visit to the court, what exactly do I need to take with me? I assume (cover sheet + complaint + all exhibits)X2 copies + $350 right?
3) Is my district WOM friendly?

Thanks a lot for your help.

 

[jefkorn]

crazy_frog,

lazycis already answered your questions succinctly. I would only suggest that you have a look at the attached sample and see it helps. You can also search the forum using Search This Thread for Proof of Service and Certificate of Service. It was discussed at length few months back, around July-Aug, 08.

A question about the summon letter:

I downloaded the summon letter from North Texas District court website (attached). I assume that for the first court visit I only need to fill out the first page, is that right?
Also, sincel I have 4 defendants (Secretary of DHS, USCIS Director, TSC Director and US Attorney General) I need to prepare 4 summon letters along with 4 copies of WOM complaint with all the exhibits.
I don't understand the questions asked on the 2nd page of Summon letter (Proof of Service). Please help.

Thanks.

 

[crazy_frog]

crazy_frog WOM

Thank you so much lazycis and jefkorn. You guys are my hero's. I will update the forum of my court experience tomorrow. Best reagrds.

 

[jefkorn]

crazy_frog,
You are welcome and good luck for tomorrow. I don't know if US Attorney's office is in the same building as the court or nearby. If it's in the same building, you can deliver your complaint+exhibits+summons the same day so the 60 day clock will start right away.

Thank you so much lazycis and jefkorn. You guys are my hero's. I will update the forum of my court experience tomorrow. Best reagrds.

 

[lazycis]

Thank you so much lazycis and jefkorn. You guys are my hero's. I will update the forum of my court experience tomorrow. Best reagrds.

Usually you'll need a photo ID to get into the court building so act accordingly. Also do not be afraid to make a mistake and remember that if anything is missing/incorrect, you can correct it on the spot using whiteout+handwriting.

 

[jefkorn]

I would call the court before you go there and find out if they need any additional proof of ID. In my case, they wanted to see photo ID and some credit card in my name. They may not allow cell phones, electronic devices (IPODs, MP3 players). I went there and sat in the waiting area to gather/organize all docs and then proceeded to the clerk. I had spoken to the clerk earlier so there was a little bit of rapport.

I had forgotten to take the print out of filled-up cover sheet so I had to fill one up on the spot. I didn't even remember the statute codes etc, had to look at the Complaint to get them right.

You can also find out about the public access to records room/facility. There you can run PACER searches to look at the local cases. There will probably be a charge to get hard copies of the cases/documents.

If you make corrections, please remember to make it on all copies if you had already taken multiple copies with you to the court.

Usually you'll need a photo ID to get into the court building so act accordingly. Also do not be afraid to make a mistake and remember that if anything is missing/incorrect, you can correct it on the spot using whiteout+handwriting.

 

[cregan]

crazy_frog, good luck for tomorrow

jefkorn & lazycis, I need motivation. You have given me all the motivation, but today I had an InfoPass to get a second finger print as they have expired today. The IO was very concerned about my application. He said that all cleared without issues and I am placed in queue for interview. He said that it might take a while as I am not near any interview, he said that it looks like I am stuck and he said there are no reasons. He printed papers and he was giving it to his supervisor. He said stuck cases like mine could take a while until we get interview. My husband asked if I could file a law suit if it would move it and the IO said that no it will not do anything. he said that Judges don't think that anything below 2 years is a case. what do I do?

 

[waiting2006]

Hi everyone,

I want to file a WOM to compel the USCIS adjudicate my I-485 which has been pending now for 2 and a half years.

Before I file the complaint, I would like to mail a NOTICE OF LEGAL ACTION letter to the defendants indicating that "if they don't adjudicate my case within 30 days, I will be filing a mandamus against them".

Question: Does anybody in this forum know where I can find a template or a sample letter for notice of action?

Thanks

 

[Cybex]

File WOM

it looks like I am stuck and he said there are no reasons.

cregan, the most likely reason is CIS's internal problem, such as lost file. It's 100% their fault, and they'll have nothing to say to the judge to explain their year-long failure to act on your application. So they'll adjudicate it with lightning speed.

Don't hesitate, they don't feel your pain, and definitely need motivation to start working at your case. So motivate them - file WOM.

 

[crazy_frog]

Hi Guys. I just wanted to tell you about my court experience today. Everything went very smooth. The clerk took all my documents and stamped everything and filed my case and assigned me a case number and a magistrate judge. The only thing that she asked for and I didn't have was the "certificate of interested persons". So she printed 3 copies of that form and I filled them out by hand. I then served the district US attorney (which happened to be in the same federal building in downtown Dallas) and then sent a copy of complaint + first page of summons sheet to each defendant with USPS certified mail. Let's see what's going to happen. As lazycis said before, I'm not going to have high hopes for WOM but at least I did what I could.

 

[cregan]

Cybex, thank you. Thanks what I needed

crazy_frog, I hope all goes well.

waiting2006, I have my WOM prepared too and motivation too but I think you do have a point. I'm considering it as if I file the WOM in December the 60 day includes 2 weeks of Holidays. I think I will keep my WOM prepared, gives me more time to read it over, but will file Notice of Action next week. This will give me the first week of January to file WOM and the holidays will be over.

I google-d Notice of Action letter and I can only find letters related to payment over due but found the following on this forum that might help http://boards.immigration.com/showthread.php?t=220468 the notice is written in pink

Everyone, I have a questions about my WOM. I do not beleive that I am stuck in a name check as USCIS Infopass have always told me that my FBI checks were completed with no record. My goofy lawyer received from Phx DO that I was stuck in a name check and his paralegal received from the California Service Center that I was placed in queue for interview. My question is on the WOM I am filing should I include the FBI as a Defendant? The only items I have in paper relating to my name check is from my lawyer and paralegal. I did FIOPA and Phx DO request of status, but you know ... nothing yet.

Thanks

 

[waiting2006]

My question is on the WOM I am filing should I include the FBI as a Defendant?

I found this info. online:

"As far as the defendants are concerned, it is always better to err on the side of suing more officials. Defendants can always be dropped from the suit, but it may be difficult to amend a complaint to join additional defendants. For this reason, it is advisable to name the following officials when filing a mandamus and/or APA action challenging immigration adjudication delays:
Secretary, Department of Homeland Security; Director, USCIS; Director of the Service Center where the application or petition is located; District Director of the local USCIS office with jurisdiction over the plaintiff.
It is also advisable to name the Director of the FBI, since in most cases the delay is the result of a pending FBI “name check.” Naming the FBI Director will allow the AUSA to work with the FBI to resolve name check delays. In the event that the judge issues a ruling in the case, where the FBI is a defendant, the judge can order it to act within a certain period of time."

For more info, read the attached file. It is a great source for people who are filing a WOM.

BTW, Thanks for the Notice of Action Sample.

 

[cregan]

waiting 2006, thank you. I have almost completed my WOM. I have my Notice of Action letters and labels ready to be mailed on December 1. This will give me a month to review my WOM and make sure the language written is good.

Happy Thanksgiving

 

[Cybex]

I have almost completed my WOM. I have my Notice of Action letters and labels ready to be mailed on December 1. This will give me a month to review my WOM and make sure the language written is good.

cregan,

I suggest don't delay filing your WOM till January. It's your decision, of course, but I haven't seen a single successful case filing that Intent to Sue, or Notice of Action, whatever the official name is. CIS shamelessly ignores that kind of non-binding action. Probably simply because they've got enough real lawsuits to deal with!

If you're ready, go for it! When you file WOM, by the law defendants will have 60 days to respond. In January business activity resumes very sharp after holidays slow down. If you file early December, they'll have more than a month of January to work at your case, and it's plenty of time for them.

Another consideration: who knows what changes in policies will new CIS' leadership/management bring? I wouldn't wait for that to happen.

Happy Thanksgiving and many thanks to everybody!

 

[cregan]

Cybex,

Thank you so much. You have a good point of view. My husband agrees to your opinions.

I will have it ready for next week. I'm planning on Tuesday will file the WOM

 

[Mr Vertigo]

cregan,

this may not be a point of consolation, but...

I applied in March 30th 2005 for my I-485 and got approved - after hundreds of calls, letters, InfoPasses - in March 19th, 2008. That was 36 months (less 11 days). I was in the same boat as you, just wanting an answer. Either Yes or No so I could move on with my life. Nothing helped. No InfoPass or phone calls or letters... nothing helped.

Had I known about WOM, I would have filed it at the time. I didn't. You do. I say wait a couple more months and then file. Remember: there is always worse I wish you good luck.

 

[cregan]

I'm almost done with docs.

1) On the cover sheet, any suggestions as to what I should put under the CAUSE OF ACTION - Cite the U.S. Civil Statute under which you are filing? For Citizenship no interview.

2) Do I name all defendants on 1 cover sheet? or use seperate sheet for each defendants?

Thank you so much!

Mr Vertigo, I'm too tired to wait

 

[cregan]

I think I answered my own question
28 USC § 1361, 28 USC § 1331, 5 USC § 555(b) and 706(1)

It was posted on the first pg of this thread in a document

 

[jefkorn]

If you are referring to the civil cover sheet, you don't have to fill names of all defendants. Just write the first (the first one in the list on your complaint) named defendant followed by et al on single cover sheet. I'm not sure if this is what you are asking about though?

2) Do I name all defendants on 1 cover sheet? or use seperate sheet for each defendants?