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

Need Help

watertown said:
Just 15 minutes ago I came home and saw 2 mails from USCIS-Boston and the return card (green card) of certified mail (summon+complaint+exhibit) from USCIS-Boston

They have granted our I-485!! I see the approval date of 1/07/09 and summon receipt date of 1/06/09.

I guess WOM is like a silver bullet!

Thanks to JefKorn, Lazycis et al. You guys inspired me to fight for my right.

Lastly, the letter says card is on the mail and tells us to go to Boston office with 2 photographs and I-89. Whats I-89?
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hi, watertown, I know you filed WOM in Boston; I'm planning to file on Feb 1st week, I need to know to summon the US Attorney general whether I have to send it thru mail or serve it in Boston office; somewhere I read you summoned it in Boston itself; can you please provide detail?
Also, can you please provide the defendants contact detail if you have for TSC, DHS, Boston USCIS and US Attorney General? I'll really appreciate it.
I already prepared complaint but want to confirm the defendants address info and make it ready to file.

I'll appreciate you or anyone's help.
thanks
 
baikal3,

1) Illinois has some successful cases (Paunescu v. INS, 76 F. Supp. 2d 896 (N.D. Ill. 1999); Agbemaple v. I.N.S., 1998 U.S. Dist. LEXIS 7953 (N.D. Ill. May 12, 1998); Guangming Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007; Razik v. Perryman, Not Reported in F.Supp.2d, 2003 WL 21878726 N.D.Ill. Aug 07, 2003). Some other famous cases from your circuit: Iddir v. INS, 301 F.3d 492 (7th Cir. 2002; Ahmed v. DHS, 328 F.3d 383 (7th Cir. 2003); Saleem v. Keisler, 520 F. Supp. 2d 1048 (W.D.Wis. Oct 26, 2007).

2) You can find this from the court documents :)
RUTH A. DOROCHOFF, Chicago District Director, Bureau of Citizenship and Immigration Services (civil case #Case No. 06-2198 from your district).

3) Correct. Use the template posted on wikipedia.

4) According to ECF rules in ILCD:
http://www.ilcd.uscourts.gov/rules/CMECF Civil Admin Proc (10-22-07).pdf
"Pro se parties shall not file electronically unless granted leave of court to participate in CM/ECF."

So you have to file at least the initial complaint in person or by mail.
 
lazycis said:
baikal3,

1) Illinois has some successful cases (Paunescu v. INS, 76 F. Supp. 2d 896 (N.D. Ill. 1999); Agbemaple v. I.N.S., 1998 U.S. Dist. LEXIS 7953 (N.D. Ill. May 12, 1998); Guangming Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007; Razik v. Perryman, Not Reported in F.Supp.2d, 2003 WL 21878726 N.D.Ill. Aug 07, 2003). Some other famous cases from your circuit: Iddir v. INS, 301 F.3d 492 (7th Cir. 2002; Ahmed v. DHS, 328 F.3d 383 (7th Cir. 2003); Saleem v. Keisler, 520 F. Supp. 2d 1048 (W.D.Wis. Oct 26, 2007).

2) You can find this from the court documents :)
RUTH A. DOROCHOFF, Chicago District Director, Bureau of Citizenship and Immigration Services (civil case #Case No. 06-2198 from your district).

3) Correct. Use the template posted on wikipedia.

4) According to ECF rules in ILCD:
http://www.ilcd.uscourts.gov/rules/CMECF Civil Admin Proc (10-22-07).pdf
"Pro se parties shall not file electronically unless granted leave of court to participate in CM/ECF."

So you have to file at least the initial complaint in person or by mail.
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Great, thanks! Regarding no 3, which wikipedia template do you mean? Is there a link? And is it really on wikipedia or on some other wiki, like wikibooks?

Thanks again!
 
baikal3 said:
Great, thanks! Regarding no 3, which wikipedia template do you mean? Is there a link? And is it really on wikipedia or on some other wiki, like wikibooks?

Thanks again!
Click to expand...

It's on wikibooks, look for "FBI Name check". It's also posted on the previous page of this thread :)
 
CHICAGO DISTRICT OFFICE (CHI)
District Director: Ruth Dorochoff
Chicago Field Office Director: Vacant
101 W. Congress Pkwy
Chicago, IL 60605
Phone: (312) 239-5900/ 5906/5905
Fax: (312) 705-6810
MILWAUKEE FIELD OFFICE (MIL)
Field Office Director: Kay Leopold
310 East Knapp Street
Milwaukee, WI 53202
Phone: (414) 287-6354
Fax: (414) 287-6301
 
start preparing WOM

Hi Lazycis,

I'm just started to prepare my lawsuit, it seems there's lots of readings I need to catch up. Just one quick question, is the "Civil Case Pro Se package" the same thing as "Civil Action by Non-Prisoner Packet", that's the only package I saw is similar as what you pointed.

Thanks a lot.
 
caliSun said:
Hi Lazycis,

I'm just started to prepare my lawsuit, it seems there's lots of readings I need to catch up. Just one quick question, is the "Civil Case Pro Se package" the same thing as "Civil Action by Non-Prisoner Packet", that's the only package I saw is similar as what you pointed.

Thanks a lot.
Click to expand...

Sounds like that's the right one
 
Hi, My I-485 has been pending at TSC for over 4 years now. After reading all the encouraging stories, I have decided to file WOM against those USCIS bxxxxxxs! I have some questions and hope someone can help me.
1. I filed 485 at TSC because I used to live in Houston. Now I am living in Chicago. Should I file WOM at North District Illinois (which covers Chicago) or North District Texas (which covers Dallas where TSC is)?
2. If I can make a choice between these 2 courts, which one is more immigrant friendly?
3. TSC once told me that my name check was cleared (a few months ago when I called them using POJ trick). But I don't have anything in written to prove that it is indeed cleared. Can I list FBI as co-defendant?
Thank you.
 
docaj said:
Hi, My I-485 has been pending at TSC for over 4 years now. After reading all the encouraging stories, I have decided to file WOM against those USCIS bxxxxxxs! I have some questions and hope someone can help me.
1. I filed 485 at TSC because I used to live in Houston. Now I am living in Chicago. Should I file WOM at North District Illinois (which covers Chicago) or North District Texas (which covers Dallas where TSC is)?
2. If I can make a choice between these 2 courts, which one is more immigrant friendly?
3. TSC once told me that my name check was cleared (a few months ago when I called them using POJ trick). But I don't have anything in written to prove that it is indeed cleared. Can I list FBI as co-defendant?
Thank you.
Click to expand...

File in Chicago. Do you really want to fly to Texas just to file court papers? :)
Include FBI as a defendant, it won't hurt. Do not be afraid to go to court and do not be afraid to make a mistake.
Folow this link:
http://en.wikibooks.org/wiki/FBI_name_check
 
To Lazycis,
Thank you so much for the information. I will fill WOM at ILND (7) soon and post the result here.
 
Amendment of Complaint

Hi, lazycis and jefkorn. Happy New Year!

I wanted to amend my original complaint to add the relief of backdating GC. I know it's a long shot but would still like to give it a try. Any negative impacts of doing so? When searching this thread, I found some discussions on backdating GC back in April 2008. Do you know any successful cases?

Regarding the procedures of amending a complaint, the guidance I found from the wiki FBI check page says:
"... if the defendant has not yet filed an answer to your complaint, you can file one amended complaint without permission of the Court. If the defendant has filed a motion to dismiss but has not filed an answer, you are still entitled to file one amended complaint without permission...However, if the defendant has already filed his answer to your complaint, you must get written consent from the defendant or permission of the Court before amending your complaint."

The AUSA filed a MTD to my complaint. Can I file my amendment without permission from the court, or by leave of court?

Also, the guidance says, "An amended complaint does not just add to the first complaint. Once you file an amended complaint it entirely replaces your original complaint."

Since my case has this complicated visa number availability issue, if I filed an amended complaint when the visa number in my category is currently unavailable (July 2004 for this month and January 2005 for February 2009, while my PD is September 2005), will this have any adverse consequences? Is there any other way I could request the relief of backdating GC?

Thank you so much, guys!
 
Happy new, lvla!

You can still file amended complaint without the court leave. MTD is not an answer in this case.
The amended complaint replaces your original, but it does not mean that you cannot refer to the original complaint either in amended complaint or in later filings.
You can request backdated green card, but I am not aware of any court precedents regarding this. It does not hurt to ask though. There is no clear way to getting backdated permanent residency due to the language used in 8 USC 1255. Once you get your GC, you will forget about backdating, believe me :)
 
hereismygc said:
hi, watertown, I know you filed WOM in Boston; I'm planning to file on Feb 1st week, I need to know to summon the US Attorney general whether I have to send it thru mail or serve it in Boston office; somewhere I read you summoned it in Boston itself; can you please provide detail?
Also, can you please provide the defendants contact detail if you have for TSC, DHS, Boston USCIS and US Attorney General? I'll really appreciate it.
I already prepared complaint but want to confirm the defendants address info and make it ready to file.

I'll appreciate you or anyone's help.
thanks
Click to expand...

Dear hereismygc, when you are in Boston court house for your WOM, you'll need to go to the 9th floor to serve the summon to US attorney. They will stamp the summon "received" and then you'll need to come down to 2nd floor to give the court court the return of service.

Anytime you submit something to court, you must give the copy to AUSA. Well, thats what Lazycis and jeffkorn taught me!:)
 
watertown said:
Dear hereismygc, when you are in Boston court house for your WOM, you'll need to go to the 9th floor to serve the summon to US attorney. They will stamp the summon "received" and then you'll need to come down to 2nd floor to give the court court the return of service.

Anytime you submit something to court, you must give the copy to AUSA. Well, thats what Lazycis and jeffkorn taught me!:)
Click to expand...

thanks Watertown.
 
Thanks for the advice, lazycis.

Another reason I wanted to file an amended Complaint is, as you know, since I did not file an Opposition to MTD in time (according to Federal Rules of Civil Procedure Rule 12, the answer had to be filed within 20 days to be "a Responsive Pleading"), I am afraid the court may not consider my Opposition to MTD as a valid response. So I wanted to add the visa number arguments in the Opposition into the original Complaint. I don't know if it is a good strategy, but I can't think of anything else as I already messed up by missing the deadline (maybe the court will just grant the MTD since my response was not filed in time). Maybe eventually I will need to start another filing...

lazycis said:
Happy new, lvla!

You can still file amended complaint without the court leave. MTD is not an answer in this case.
The amended complaint replaces your original, but it does not mean that you cannot refer to the original complaint either in amended complaint or in later filings.
You can request backdated green card, but I am not aware of any court precedents regarding this. It does not hurt to ask though. There is no clear way to getting backdated permanent residency due to the language used in 8 USC 1255. Once you get your GC, you will forget about backdating, believe me :)
Click to expand...
 
lazycis & jefkron, I have no AUSA assigned to my case. The 60 days is almost over. It's so neat that I have my interview, but do not want unnecessary long wait for the oath. I looked online with Pacer and I beleive I correctly served my defendants and send copies to AUSA . I want to make sure my WOM remains open and helps me get the oath. What should I do? I called and clerks don't know. Always appreciate your help. Thank you
 
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cregan,

Do not sweat over it. If there is no answer filed within 60 days, file a motion for default judgment (sort of automatic win for you). This will make AUSA move real fast. I have a sample motion.
 
lazycis, you'r awesome. I'm a dork, can you send me your sample, I'll get started on it in case

Thank you :)

The goofy thing is that i wrote the WOM based on I wanted the interview, but does that take into account the oath also. I used the template available on the wikipedia site you had posted, but now thinking about it ... well it does reference the 120 days for response after interview, the WOM I filed should be ok :) ?
 
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lazycis,jefkorn,
today I recieved the court order:
"ORDERED that this court lacks subject matter jurisdiction over this complaint and, pursuant to FED. R. CIV. P. 12(h)(3), the complaint is hereby DISMISSED with prejudice."

1. what is the difference between with prejudice and without prejudice.
2. can the judge dismiss the case without AUSA MTD( I didn't recieve any MTD notice)
3.should I do anything at this point.
4. is this a bad news for NJ WOM.
5.is that means my GC got resolved without the WOM.
 
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