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

Lazycis/ All

I submitted the document, please review. Also, please let me know if the online/paper filing is the better option.

Can i able to file County Civil Court in my local city? or it needs to be in district court..Please let me know
 
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See attached. You cannot file the original complaint online. You can do it in person or by mail. I recommend in-person filing as you do not have a lot of time. Take a day off to file it and to serve the complaint and summons to district US attorney (hand-deliver it). It has to be federal district court.
There are two federal districts in Iowa. Find out which one is yours using this link:
http://www.uscourts.gov/courtlinks/
Check this step-by step guide for filing a suit
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
 
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Lazycis,

Thanks a lot. i will incorporate your changes.

Is i need to include spouse and child as plaintiffs?

for United States Attorney's Office :
The District headquarters for the United States Attorney's Office is located in Des Moines, Iowa and there is a Divisional office located in Davenport, Iowa.

We live in Iowa city, in Iowa.
which one is better Des Moines/Davenport?

Please let me know.

Thanks,
 
emilyidea,
You can probably leave the child out if he/she is not seeking an immigration benefit. I would include spouse if her case is pending as well.
Select District Court in the option 1, select radio button for zip code and enter your zip code at http://www.uscourts.gov/courtlinks/, and see what comes up.
emilyidea said:
Lazycis,

Thanks a lot. i will incorporate your changes.

Is i need to include spouse and child as plaintiffs?

for United States Attorney's Office :
The District headquarters for the United States Attorney's Office is located in Des Moines, Iowa and there is a Divisional office located in Davenport, Iowa.

We live in Iowa city, in Iowa.
which one is better Des Moines/Davenport?

Please let me know.

Thanks,
Click to expand...
 
emilyidea said:
Lazycis,

Thanks a lot. i will incorporate your changes.

Is i need to include spouse and child as plaintiffs?

for United States Attorney's Office :
The District headquarters for the United States Attorney's Office is located in Des Moines, Iowa and there is a Divisional office located in Davenport, Iowa.

We live in Iowa city, in Iowa.
which one is better Des Moines/Davenport?

Please let me know.

Thanks,
Click to expand...

Include your spouse as a plaitiff.

Both Des Moines and Davenport have district court office and US attorney office so it does not really matter which one. Court and US Att. office are usually in the same building or very close to each other.
 
Include DOS as a defendant?

lazy and jeff, do you think emilyidea should include DOS as a defendant as well? Since his/her PD will retrogress starting May 1, if his/her case remains pending beyond May 1, USCIS will use visa unavailability as an excuse for sure...
 
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Lazycis, I just received the documents from Court in the mail. I have some questions about the summons. I received only one orignal summons with all the defendants listed on it and seven copies.
1. Do I write each defendant's name and address on the copy of summons that Court sent and then make some further copies and serve to the defendants and AUSA?
2. I know I need to return the orignal summons to the court but do I return the copies of summons with each defendant's name (that I will hand write) on it along with proof of service or just the orignal summons with proof of service enough?
3. The orignal summons has all the defendants listed on it. It has a blank "TO: (Name and address of the defendant)" section. Do I need to fill it or just return it as is?

Here's what instrcuctions sent with the summons say.

Now that your case has been filed, you must have the defendant(s) servered with the summons and complaint. The Court issues only one orignal summons no matter how many defendants are named. We have included the number of copies of the summons necessary to serve each defendant, plus two extra copies. Do not serve the orignal summons. Once all defendants have been served, you must file with the Court's Pro Se Office the orignal summons with the process server's proof-of-service section completed and signed (on the back of the summons). If you do not effect service properly, the case may not move forward.
 
FBI name check who to contact

I would like to write a letter to the FBI regard my name check and wondering which one is better to contact
The Special Agent in Charge in my city or the Section Chief National Name Check Program Section in Washington DC.
 
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This board has given me hope many times when I felt like giving up . First and foremost my sincere and special thanks to publicus, jefkorn, lazycis, watertown and cregan for their extraordinary information and detail and support in this forum and without their information and helps I would have not filed WOM . I am in tacoma - WA .
I am usc I file I-130 for my wife in march 2008 .
-------------------------------------------------------------------------------------
03/22/2008 I-130 send to uscis
04/03/2008 1st FP
04/14/2008 I-129F send to uscis
05/10/2008 1st FP
11/25/2008 Service Request; Wait for 6 month
I did contact my senator and my congressmen many times in this pride of times but is no hopes then I contact my lawyer about WOM
02/17/2009 Filed lawsuit (WOM)
03/02/2009 They did request more evidences
03/05/2009 evidences send to uscic (CSC)
When they did request evidence they ask for copy of her birthday certificate and copy of her passport. and the air ticket and photo of the wedding .
I do need some advice from all of you publics, jefkorn,lazycis,watertown, and cregan. Or any one else about my steps. by the way I am in Tacoma Washington and I am (USC) . and this petition for my wife .


(( publicus, jefkorn, lazycis, watertown and cregan your help please ))
 
Can any one explain to me how the court work from the time you file (WOM) what are the chance of winning the cues?? And I do have lawyer but is can hard to get hold of him I mean how long the whole presses take from start to finish and what is the 60 day for??
 
b0nd said:
Lazycis, I just received the documents from Court in the mail. I have some questions about the summons. I received only one orignal summons with all the defendants listed on it and seven copies.
1. Do I write each defendant's name and address on the copy of summons that Court sent and then make some further copies and serve to the defendants and AUSA?
2. I know I need to return the orignal summons to the court but do I return the copies of summons with each defendant's name (that I will hand write) on it along with proof of service or just the orignal summons with proof of service enough?
3. The orignal summons has all the defendants listed on it. It has a blank "TO: (Name and address of the defendant)" section. Do I need to fill it or just return it as is?

Here's what instrcuctions sent with the summons say.

Now that your case has been filed, you must have the defendant(s) servered with the summons and complaint. The Court issues only one orignal summons no matter how many defendants are named. We have included the number of copies of the summons necessary to serve each defendant, plus two extra copies. Do not serve the orignal summons. Once all defendants have been served, you must file with the Court's Pro Se Office the orignal summons with the process server's proof-of-service section completed and signed (on the back of the summons). If you do not effect service properly, the case may not move forward.
Click to expand...

Keep it simple. Use copies of summons to serve defendants and AUSA. If you want, you can handwrite name & address for each defendant, but I would not (less chance to mix it up :)). Wait for return receipts, fill return of service on the original summon (you simply staple return receipts and sign at the bottom) and file it with the court.
 
so1994 said:
I would like to write a letter to the FBI regard my name check and wondering which one is better to contact
The Special Agent in Charge in my city or the Section Chief National Name Check Program Section in Washington DC.
Click to expand...

It's better to write to the President or VP. I never received an answer when I wrote to FBI directly.
 
shermanco said:
Can any one explain to me how the court work from the time you file (WOM) what are the chance of winning the cues?? And I do have lawyer but is can hard to get hold of him I mean how long the whole presses take from start to finish and what is the 60 day for??
Click to expand...

60 days is for government to respond to your complaint. They can respond in different ways so just wait and see. 60 day clock start from the day AUSA receives your complaint.
 
I am sorry, the process is not clearly described anywhere so I am I a bit confused and asking a lot of questions.

So what you are saying is that I don't need to write the name and address of individual defendants on the Summons. I simply mail one copy to each defendant, is that right?
Also I am using USPS online Click and Ship service with "Delivery Confirmation" receipts. I believe Return Receipt is not necessary, is it? Or do I need to get that Green "Delivery Confirmation" slip from the Post Office?
Do I need to fill Return of Service for each defendant separtely or just fill the orignal summons and attach receipts?



lazycis said:
Keep it simple. Use copies of summons to serve defendants and AUSA. If you want, you can handwrite name & address for each defendant, but I would not (less chance to mix it up :)). Wait for return receipts, fill return of service on the original summon (you simply staple return receipts and sign at the bottom) and file it with the court.
Click to expand...
 
Let me see if I can help. The title of a case looks something like this "John Doe v. Chertoff et al.". This means there's a case filed in a district court against Chertoff and others (others include all other defendants listed on the original complaint). Now you need to send Summons (technically called serving them) individually. So in the To section you can write the name of the person you are serving and rest will stay the same on the summons form.
You don't necessarily need green confirmation card back after the delivery. Most often courts accept the print out of online USPS delivery confirmation but you will have to check with your court if that's acceptable.
When you file proof of service with court, you can combine all of them into one document or use the original summons with each defendant's delivery details on the back. There are sample forms on the this thread that you can use to help you. I will see if I can find them or if anyone else can find them, please post the link.
b0nd said:
I am sorry, the process is not clearly described anywhere so I am I a bit confused and asking a lot of questions.

So what you are saying is that I don't need to write the name and address of individual defendants on the Summons. I simply mail one copy to each defendant, is that right?
Also I am using USPS online Click and Ship service with "Delivery Confirmation" receipts. I believe Return Receipt is not necessary, is it? Or do I need to get that Green "Delivery Confirmation" slip from the Post Office?
Do I need to fill Return of Service for each defendant separtely or just fill the orignal summons and attach receipts?
Click to expand...
 
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Hi Guys ... just to give you an update on my progress. I got a call from DHS yesterday asking me if I had any recent updates on my case. I told the lady the only thing I knew of, was my case approval and I am waiting on my oath information. To my surprise, she told me that my oath is scheduled for May 21st and that USCIS actually mailed me the letter on the 15th. The funny thing was, I called USCIS customer service on Friday the 17th, and they told me they are still working on scheduling my oath. The lady on the phone yesterday, confirmed my oath is set for the 21st of May and she said she will send me more information in the mail.
I will keep you guys updated for sure, and again, thanks for everyone who helped me through my journey ..:D
 
Congratulations

mustafa34kc said:
Hi Guys ... just to give you an update on my progress. I got a call from DHS yesterday asking me if I had any recent updates on my case. I told the lady the only thing I knew of, was my case approval and I am waiting on my oath information. To my surprise, she told me that my oath is scheduled for May 21st and that USCIS actually mailed me the letter on the 15th. The funny thing was, I called USCIS customer service on Friday the 17th, and they told me they are still working on scheduling my oath. The lady on the phone yesterday, confirmed my oath is set for the 21st of May and she said she will send me more information in the mail.
I will keep you guys updated for sure, and again, thanks for everyone who helped me through my journey ..:D
Click to expand...

Congratulations, My interview date is set to May 4; I hope my KC oath day gets scheduled for on 5/21 .. Please keep us posted
 
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