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

More questions :) (I'll add the reponses to my cregan notes) :)

Ok when I get the green receipts back, please tell me if I'm wrong :)

I file them with the court and the US District Attorney?
Court: I complete the second page of the summon "Proof of Service" and include the USPS receipts. Do I include a Certificate of Service at this time? if not when do I file this Certificate of Service?

US District Atty: Make a copy of the above to mail to the US District Attorney. Do I put a cover sheet? On the mailing label should I direct it to to a specific department?

Thank you
:p
 
Court: I complete the second page of the summon "Proof of Service" and include the USPS receipts.
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Nothing else is required to complete the service of summons and complaint. Certificate of service will follow every court filing from this point forward.
 
I am writing the cover sheet guess what all my defendants has the name Michael, isn't weired
Michael chertoff
Michael aytes
Michael mukasey
LOL
 
See here for a sample cover sheet for I-485 case.
Update: I noticed that the description and the list of statutes are swapped in the attached sample. So when filling up your own cover sheet, fill in the proper places. For example:

VI. Cause of Action:
Cite the U.S. Civil Statute under which you are filing: 28 USC §1361, §1331, § 2201, 5 USC §701, 5 USC § 551
Brief description of cause: Mandamus Action to Compel USCIS to adjudicate Adjustment of Status (I-485) Application

VII. Requested in Complaint Check No next to Jury Demand:

mosamno2 said:
in the civil cover sheet section VI and VII what should i write?
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my file is for sure at the local office should i list the district director as a defendant(newark,NJ)? if yes any one know his/her name?
also i have been told and received a fax that my name check finalized.should i include the FBI in the defendant list?
thank you for your help.there is no enough words we can thank you with.
 
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You are welcome! I don't know the name of USCIS local director for Newark, NJ. This post from lazycis has an attachment that lists USCIS directors but it's old and I'm not able to open PDF. http://boards.immigration.com/showpost.php?p=1931061&postcount=16944

I would leave FBI out and would attach the fax response wit the complaint as a proof that name check is cleared although name check clearance is not required for AOS adjudication if it's been initiated and is pending for more than 180 days.
mosamno2 said:
my file is for sure at the local office should i list the district director as a defendant(newark,NJ)? if yes any one know his/her name?
also i have been told and received a fax that my name check finalized.should i include the FBI in the defendant list?
thank you for your help.there is no enough words we can thank you with.
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it won't open with me either.
:):) another question. i printed out the civil cover sheet but only one deendant appears. is one defendant is enough or should i do it by hand? and then name all the defendants in the complain?
i know it seems like a stupid question.but i want to be in the safe side.and i am also counting on you patience.:)
 
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mosamno2 said:
it won't open with me either.
:):) another question. i printed out the civil cover sheet but only one deendant appears. is one defendant is enough or should i do it by hand? and then name all the defendants in the complain?
i know it seems like a stupid question.but i want to be in the safe side.and i am also counting on you patience.:)
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One defendant is enough on the cover sheet. Just put "Michael Chertoff, et al" (or pick any other Michael)
 
I just emailed my lawyer and told her about WOM.and this was her reply:"it is certainly not the wise to thing to do if you want them approve (as opposed to simply denying it as soon as the complaint is filed) the case".
I want to know what you think about that ? she got me worried.
 
mosamno2 said:
I just emailed my lawyer and told her about WOM.and this was her reply:"it is certainly not the wise to thing to do if you want them approve (as opposed to simply denying it as soon as the complaint is filed) the case".
I want to know what you think about that ? she got me worried.
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If anything, it makes harder for USCIS to deny your application (retaliation for a lawsuit is not a valid reason for denial). Do not worry, if your application is approvable, it will be approved like thousands of others. If it was that simple, USCIS would've denied I-485 for all WOMers to stop the flood of lawsuits.
 
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lazycis said:
If anything, it makes harder for USCIS to deny your application (retaliation for a lawsuit is not a valid reason for denial). Do not worry, if your application is approvable, it will be approved like thousands of others.
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I know my lawyer told me not to do it too. I am going to see her on the 18th. I am just going to hand her a copy of my complaint just to keep on file..
 
mosamno2, my lawyer ware careless too. They have no bedside matters and they want us to file with them as they can charge tons of money

Magistrate Judge - question. I had received the form. I had called the court and they told me I could sign and return it back to them. Which I did. I received a stamped copy. Today I received a letter and called them. They are saying that I have to have all parties, defendants included sign this form. I only have 4 spaces and I have 6 defendants. They told me the court will only process the form if we all sign on the same paper. I feel they are messing with me. Does it matter if I get a Magistrate judge or not? I really do not want my process to keep on going on as I have a too busy judge on our case.

How do they think that all defendants could sign on this same piece of paper? They are crazy I think
 
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cregan,

The court is correct. So you can wait for AUSA to enter appearance on behalf of defendants and get AUSA's consent only. Or you can do nothing and go with a regular judge. It does not really matter. Just hope that the assigned judge won't be biased (or will be biased toward your cause :)).
 
lazycis, if I send a copy of the letter to AUSA witha cover letter would that work? I know it must be difficult to say, but do you think our cases are better with a magistrate judge or it doesn't matter, either could be biased or not?

Thanks
 
cregan said:
lazycis, if I send a copy of the letter to AUSA witha cover letter would that work? I know it must be difficult to say, but do you think our cases are better with a magistrate judge or it doesn't matter, either could be biased or not?

Thanks
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The more you bug AUSA - the better. You can go that route. When you find the judge's name, post it here and I may be able to assess your chances. You can call US Att office and find out who is assigned to your case.
 
I agree with lazycis on that. You don't have anything to worry about. I'm not sure why some lawyers would advise their clients to avoid filing WOM.

Remember USCIS has to document the reasons for denial in their internal file which can be obtained by filing FOIPA so USCIS will not deny a case on the basis on WOM. The purpose of the WOM is to compel USCIS to make a decision on your case based on the merits of the case. Breath and relax.
mosamno2 said:
I just emailed my lawyer and told her about WOM.and this was her reply:"it is certainly not the wise to thing to do if you want them approve (as opposed to simply denying it as soon as the complaint is filed) the case".
I want to know what you think about that ? she got me worried.
Click to expand...
 
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