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

[buggin]

In another post buggin answered(I may wrong) regarding the US attorney and District Attorney, one for government one represent people(criminal), what I found is US attorney for district. So is it ok for me mail the complaint to US attorney of district? Lots of posting said DA. Kind of confused me again! Sorry about my stupid question. Thanks!

Fightback, this is not a stupid question. Believe me, this is very confusing because we deal with district courts but with US attorneys. You can call them DAs (District Attorneys) if you want t, but the correct term would be US Attorney for your district (e.g., US Attorney for the Northern District of California). District Attorney would usually be for a county (e.g., District Attorney for San Mateo County) prosecuting criminals.
Good luck to you.

 

[cajack]

syt and buggin:

Thank both of you for your response. I can not wait my 120 days up. I am tired of waiting. It is very stressful to check my mail everyday, because I know it could be another dispointed day for me to know I am not getting my oath letter. One more quick question. Some people here file lawsuit against USCIS is because they want to get their citizenship so that they can petition for their family member to join them in U.S. I will be one of them. Do you think USCIS will retaliate the people file lawsuit against them by slowing down these people's petition? I highly doubt it is going to happen. But you never know what is government doing. I hope it is not a stupid question.

Thanks,

Jack

 

[Emta]

Proof of Service

Hi all,

I am new to this forum. I've just filed my lawsuite Pro Se (§1447 (b) ) and mailed summons, complaint and all other documents to defendants and US Attorney General. Now I'm collecting return reciepts. What should be the next step? Just to bring all return reciepts to the court and file or I have to compose some Proof of Service document? I yes, is there any form or example?

Thanks a lot in advance.

 

[xu111]

Buggin, thanks for your input

I have sent the summons out before I saw your post. For DHS, I used 20528 instead 20529. It seems both of them works for DHS. Address to Robert S. Mueller III, has the room number there. If any of the mails is returned, I will update here. From what I have read here, as long as US attorney got the summon, it should be fine.

Another point: people keep using DA, I think it is misleading, since you don't serve District Attorney. Instead, you serve US Attoney for your district.

I will keep all of you posted about how US attoney handle my case. Wish myself and all others good luck!!!!!

 

[buggin]

One more quick question. Some people here file lawsuit against USCIS is because they want to get their citizenship so that they can petition for their family member to join them in U.S. I will be one of them. Do you think USCIS will retaliate the people file lawsuit against them by slowing down these people's petition? I highly doubt it is going to happen. But you never know what is government doing. I hope it is not a stupid question.

Cajack, this is not a stupid question, not at all. This concern crossed my mind so many times, as I have close relatives overseas as well. My opinion is that, if USCIS really wanted to, they could retaliate and give your relatives a hard time just because you sued them. However, I personally think they won't. They are too lazy and don't want to have too much trouble.

 

[nobigdeal]

First Congratulations to Finale! The Government lost again!

I filed WOM yesterday and mailed out the summons today. May I ask if you re-sent the summons later in fear of the US Attorney's statement? Or it does not matter and it was just their game to intimidate you? Thanks.

Hello everyone,

I filed a Writ of Mandamus for I-485 in Central District of California two weeks ago and sent a copy of the summons and the complaint to the US Attorney Office via certified mail the day after.

Today I received a letter from US Attorney office that they have received a copy of the complaint and the summons but I have NOT properly effected service upon the united states. They have then included Federal Rule of Civil Procedure 4(I)(1)(A) which states that "Service upon the united states shall be effected as follows: ... or by sending a copy of the Summons and the Complaint by registered or certified mail addressed to the Civil Process Clerk at the office of the US Attorney ..."

Now, I was wondering if the reason they say I have not properly effected service is only because I did not put "ATTN::Civil Process Clerk" on the envelope the first time I sent them the complaint and the summons. It was addressed to the right suite number and everything else seems to be just fine. Any ideas on this would be highly appreciated.

Thank you all,

 

[syt]

syt and buggin:

Thank both of you for your response. I can not wait my 120 days up. I am tired of waiting. It is very stressful to check my mail everyday, because I know it could be another dispointed day for me to know I am not getting my oath letter. One more quick question. Some people here file lawsuit against USCIS is because they want to get their citizenship so that they can petition for their family member to join them in U.S. I will be one of them. Do you think USCIS will retaliate the people file lawsuit against them by slowing down these people's petition? I highly doubt it is going to happen. But you never know what is government doing. I hope it is not a stupid question.

Thanks,

Jack

Jack,

I have the same feeling when I open mail box everyday. It is really anxious and painful only we know for each other. Some of my friends told me that it is just couple days delay and ... But, they totally do not understand.

For your parents, I don't think their applications will be affected by your lawsuit, since you don't do anything wrong for your 1447(b) petition. What I can said is "do American way in America." That is, pursue what you deserve and don't be afraid to go to court for justice.

syt

 

[qim]

Qim, USCIS would be lucky to have you.
Government jobs usually don't pay well but they do have great benefits (e.g., medical insurance for the rest of your life after your legitimate retirement, lots of time off, great pension plan, etc.). However, in my personal opinion, I'd be dead way before I am eligible for the retirement benefits, would probably have a stroke from working with those lazy morons....

buggin, you cited only part of what I wrote. Here is exactly what I said (replying to Eastbayer):

"Hey, I really like this proposal: "Any plan to apply for an easy and high-pay job in USCIS?". Fresh, unexpected, exciting... I've been over 16 years in this country, but incredible idea like this never came to my mind (and my family/friends' minds either). Do they really pay high (how high is high)? Probably should seriously think about this... hope people like you can write a letter of recommendation... Oh, wait a second, new employment should be done without prejudice... But there is a lot of prejudice from both sides in this case (from me because of clear lack of respect, and from them because I successfully sued them). So I afraid this marriage is not going to happen... Thanks, anyway"

Thus in my case both parties would probably very unhappy...

One other thing, this time on a more serious note, is that great benefits are definitely not all about retirement; they in particular include good health and dental coverage which are very important long before retirement, especially under current long-term trend of continuous and steep increase in healthcare costs.

 

[Finale]

Nobigdeal

First Congratulations to Finale! The Government lost again!

I filed WOM yesterday and mailed out the summons today. May I ask if you re-sent the summons later in fear of the US Attorney's statement? Or it does not matter and it was just their game to intimidate you? Thanks.

Thank you nobigdeal!
I did resend the summons to the US Attorney and that is in fact why there is a gap of almost 2 weeks between the day I filed the lawsuit and the day the US Attorney was actually served.

 

[qim]

Hi all,

I am new to this forum. I've just filed my lawsuite Pro Se (§1447 (b) ) and mailed summons, complaint and all other documents to defendants and US Attorney General. Now I'm collecting return reciepts. What should be the next step? Just to bring all return reciepts to the court and file or I have to compose some Proof of Service document? I yes, is there any form or example?

Thanks a lot in advance.

You will need to do "Return of Service". You don't have to do it right away. You need to read so-called Local Rules of your Disctrict Court. You also need to read Federal Rules. It is also very important - and vety efficient - that every beginner reads Publicus' instructions at very beginning of this thread, and probably at least several tens first pages of this thread.

Good luck

 

[zzerous]

Default Judgement- Experience I need input Pls

Hi Guys,

I filled my petition and it will be 60 days next week. USDA did not attempt to contact us to settle as we were expecting. We are thinking of entering a default judgment. Does anyone have an experience with default judgments? Has it been granted?

Thanks

 

[buggin]

I am new to this forum. I've just filed my lawsuite Pro Se (§1447 (b) ) and mailed summons, complaint and all other documents to defendants and US Attorney General. Now I'm collecting return reciepts.

Emta, did you send all the above-mentioned documents to a US Attorney (a US Attorney will represent all the defendants in your lawsuit)? If you didn't, do it as soon as you can. This will trigger the 60-day period that the defendants have to answer to your complaint.

What should be the next step? Just to bring all return reciepts to the court and file or I have to compose some Proof of Service document? I yes, is there any form or example?

Yes, you will have to fill out a Proof of Service form (in some cases it is called Rerutn of Service). You can find this form on the back of the Summons form (see my attachment for an example). Just fill it out, attach a copy or original of the Summons, mail receipts confirming deliviry and give this all to the court clerk.

 

[buggin]

I filled my petition and it will be 60 days next week. USDA did not attempt to contact us to settle as we were expecting. We are thinking of entering a default judgment. Does anyone have an experience with default judgments? Has it been granted?

Zzerous, did you serve the US Attorney as well? The 60-day clock starts ticking when the US Attorney is served. Normally, they never miss the due date. I bet they are trying to get your name check done while they still have time. If they run out of time, they will file their answer with the court the last minute, literally the last minute. However, they will not miss they due date because they don't want to face a default judgment.

I doubt a default judgment will be ever granted in this kind of lawsuits. Judges wouldn't want to grant us citizenship without making sure that the name checks are all done.

 

[Emta]

Thanks qim for your reply. I read instructions of publicus and first ten pages of this thread. Sure I read Local Rules also. But still I'm not quite sure how to do this "Service of return".

 

[qim]

Thanks qim for your reply. I read instructions of publicus and first ten pages of this thread. Sure I read Local Rules also. But still I'm not quite sure how to do this "Service of return".

Emta, when I dealt with this, instructions on the back of Summon were very much self-explanatory. So you probably would just follow these instructions... but there are some differences for different courts. What is yours?

Also, I did all this only after I've return receipts (in my case, over a month after I served everybody including US Atty.

 

[Emta]

Emta, did you send all the above-mentioned documents to a US Attorney (a US Attorney will represent all the defendants in your lawsuit)? If you didn't, do it as soon as you can. This will trigger the 60-day period that the defendants have to answer to your complaint.

Do you mean Alberto Gonzales? Yes, I did.

You can find this form on the back of the Summons form (see my attachment for an example). Just fill it out, attach a copy or original of the Summons, mail receipts confirming deliviry and give this all to the court clerk.

Thanks a lot! I'm also in Northern California District, having the same form of summons but didn't understand that it is a form fot return service.

 

[Emta]

Also, I did all this only after I've return receipts (in my case, over a month after I served everybody including US Atty.

I'm really got stupid will all this papers. Yes, it's really the form on the back of summons, like buggin mentioned. I'm in Northern California (San Jose). Is it really taking so long to get return recipts? I've got the Californian portion (from USCIS distric director and District Attorney) really fast and hoped to have all from Washington this week.

 

[Balto]

Emta, this is what I did,

Thanks qim for your reply. I read instructions of publicus and first ten pages of this thread. Sure I read Local Rules also. But still I'm not quite sure how to do this "Service of return".

I used certified mail to serve the defendants. Out of total of 6 packages mailed out, I only received 2 return receipts back 9 days after mailing. So I went to the postal office and asked the clerk there to print out the delivery confirmation for the other 4. Then I went to the court and filed proof of service by giving the court those receipts and print out. I also hand delivered a copy of all the receipts to the US Attorney's office. You will probably need a cover page (like the first page of your complaint) to the court stating that you are filing proof of service.

I know the delivery confirmation is available at USPS.com, but the post office print out has the date and time of the delivery AND the name of the person who received the package.

Hope this helps, I am in Maryland, local rules differ.

Balto

 

[Eastbayer]

I would file these two receipts first

I'm really got stupid will all this papers. Yes, it's really the form on the back of summons, like buggin mentioned. I'm in Northern California (San Jose). Is it really taking so long to get return recipts? I've got the Californian portion (from USCIS distric director and District Attorney) really fast and hoped to have all from Washington this week.

That's what I did. These two are more important than others, since these two defendants would really WORK on your case.

I just dismissed my case today. But I have not received the receipt from FBI yet, and I doubt anyone in FBI/USCIS/DHS would open the mail and read my petition, anyway.

 

[Mr LA]

Congratulation

Folks,

It's finally over! I got the card in mail today. Sorry for the delay in reporting the approval. So here is the timeline:

WOM filed: April 6th, 2006
US Attorney Served: April 20th, 2006
Approval email: May 31st, 2006
GC in the mail: June 5th, 2006

It is a sweet victory after four years of waiting and I owe it to this forum; I mean it. Thank you all for all the help and support! Publicus, I'm sure you get this alot, but you really are a hero!

bests,
Finale

Congratulations