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

[maoliz]

By rules (either Federal Rules of Civil Procedure or Local Court Rules), you must not serve yourself because you are a party to the lawsuit. This is to prevent people getting into fights and getting hurt. Nobody likes being sued and people get very upset when they get served (normally in civil and family law cases).
Some people on this Forum served themselves and it was just fine. We sue government agencies, and when we serve summons on the US Attorneys, everything is civil and nobody fights.
However, you still don't want to give them any reasons to oppose your complaint by saying, for example, that they were improperly served. So, my advice is to get someone else to serve for you or do it by mail.
Good luck to you.

Hi Buggin,

If you do it by certified mail, does that mean you fill your name and address and sign it for the Return of Service? I remember some people on this forum ask friend to sign the Return of Service even if it's done by mail. But wouldn't it be inappropriate if it's you but not your friend who mail everything?
Please advise. Thanks!

 

[khalafah2000]

Sorry about the delay, it has been a crazy day at work and home.
Here is the address

Ms. Eleni P. Kalisch
Assistant Director, Office of Congressional Affairs
Federal Bureau of Investigation
935 Pennsylvania Avenue N.W
Washington, DC 20535-0001

thanks. one related question
Should I write Asst Director William Hooton first, wait for his answer for couple of weeks and then write to Ms. Eleni citing no response from Mr. Hooton, or can I write both Asst Directors at the same time? Also i had filed FOIPA request few weeks ago, but haven't yet got any response. Should i wait for it before writing to Ms. Eleni and Mr Hooton?

 

[fightback]

I've actually mailed my forms. I sent out 8 copies of the summon, just as the clerk had instructed. Even got a receipt the next day saying that they had received the paperwork.

I was told by someone that maybe for pro se, the judge or clerk reviews the paper before stamping it and sending it out.
Could that be true?

I hasn't been 2 weeks yet, but who knows

Here in Northern FL district does the same thing. The clerk can not stamp my summon b/c he said he need wait for Jugde's ruling. I filed May17 and still waiting. So we are in same boat.

 

[ournyla]

talk to US Attoerney

Just Talked to US attorney, and it went like this

I have just found out that my case has been assigned to you so I just wanted to introduce myself.

US Attotney: What is your case number?

US Attorney: Can you tell me what its all about?

I explained

US Attorney: oh yes I have recieved bunch of cases like this, and I am waiting for USCIS lawyers reply. and I guess I have one more month in your case.

yes you do. Well if you need me for something, which can bring us to common ground and conclusion that would be great.

US Attorney : we all want these kind of things resolved. Well give me your number and I will contact you as soon as I hear something from USCIS.

Again if you need anything from me than let me know

US Attorney: I will

 

[Eastbayer]

Fp

Definitely a good sign, It makes me wonder though. did they lose the fingerprints you gave them before?! and why some people get 2nd FP and some don't even if they might have applied at the same time!
Really odd. the USCIS works in mysterious ways.

It depends on whether the 1st FP has expired or not. A FP result is good for 15 months, as I remember. It is a good sign. It means USCIS is looking into your file again. I believe USCIS is also the one who submits expedition request. FP result is back to USCIS the same day. From the 2nd FP to name clearance, it varies from person to person. But you do not have to worry about it.

Good luck.

 

[AL11]

thanks. one related question
Should I write Asst Director William Hooton first, wait for his answer for couple of weeks and then write to Ms. Eleni citing no response from Mr. Hooton, or can I write both Asst Directors at the same time? Also i had filed FOIPA request few weeks ago, but haven't yet got any response. Should i wait for it before writing to Ms. Eleni and Mr Hooton?

I got my FOIPA answer in one week, and I did include only very minimum information ( defenatley not my SSN) send another request just in case.
I did not send a letter to Mr. Hooton, but I think you can send to both at the same time, I may send one to Mr. Hooton in the next day or two. Really, I am not really sure that any of this would work, but it's worth trying.
Good luck

 

[xu111]

I was told that I have to deliver summon in person to US attorney's office

I checked USPS website and saw my summon package was returned undeliverable.

I got this address by calling US attoney's office. The address for civil division is in a different building from main office. Then I called back 5 minutes. The same guy answered phone. He is a total A**hole. He said in an impatient tone, " I don't want wast time with you, just do what I told you"

I said, the mail was returned undeliverable.

He then said, "you suit government, so you have to deliver in person" then hangup. It seems that he is busier than President.

Does this sound right? Have to deliver in person? I think something is wrong. Anyway, I will go to find out the answer.

 

[buggin]

Hi Buggin,

If you do it by certified mail, does that mean you fill your name and address and sign it for the Return of Service? I remember some people on this forum ask friend to sign the Return of Service even if it's done by mail. But wouldn't it be inappropriate if it's you but not your friend who mail everything?
Please advise. Thanks!

I agree with you: If you are the one who mailed all the packages, you should sign the Return of Service. This is just fine, as long as you yourself don't serve in person.

 

[buggin]

Here in Northern FL district does the same thing. The clerk can not stamp my summon b/c he said he need wait for Jugde's ruling. I filed May17 and still waiting. So we are in same boat.

I file in San Francisco, and the clerk stamped my summons right away. I guess it is different from court to court.

 

[buggin]

Just Talked to US attorney

Well, it sounds like your case is moving along. This is a good sign. This is why I think there is no point in waiting for the name check to clear. Everybody with this problem should sue right after 120 days are over. At least, when there is a lawsuit pending, it makes them do something about it. They can't just put your file away and not touch it for years.
Good luck! I am sure your matter will be resolved very soon.

 

[buggin]

I checked USPS website and saw my summon package was returned undeliverable.

I got this address by calling US attoney's office. The address for civil division is in a different building from main office. Then I called back 5 minutes. The same guy answered phone. He is a total A**hole. He said in an impatient tone, " I don't want wast time with you, just do what I told you"

It sounds that person is a real jerk. Don't let it discourage you. Shake it off and go forward.

I said, the mail was returned undeliverable.

He then said, "you suit government, so you have to deliver in person" then hangup. It seems that he is busier than President.

This is just great! It seems that he doesn't know the court rules. If you want to go through all the trouble, you could file a complaint about this guy. My advice, just ignore him.

Does this sound right? Have to deliver in person? I think something is wrong. Anyway, I will go to find out the answer.

Read the Federal Rules of Civil Procedure, as well as local court rules, on serving summons. They always say, no, you cannot serve in person. Call the court clerk and find out exactly what US Attorney Office you need to serve. I don't believe there is a separate US Attorney Office for each department of the court (e.g., civil, criminal, etc.). Normally, there would be only one office.

Well, don't give up. Good luck to you.

 

[Eastbayer]

He never answered my inquiry

I got my FOIPA answer in one week, and I did include only very minimum information ( defenatley not my SSN) send another request just in case.
I did not send a letter to Mr. Hooton, but I think you can send to both at the same time, I may send one to Mr. Hooton in the next day or two. Really, I am not really sure that any of this would work, but it's worth trying.
Good luck

I sent at least two in the past one year. But it is the evidence to show you have exhausted all adminstrative remedies.

 

[qim]

That was advice from one successfull applicant in our district. she has got her case resolved really fast and believes it was because she sued US Attorney as well. In complaint there is a following wording about reason:

This doesn't sound right. Local US Attorney is a lawyer representing Defendants who are Government officials. Why anybody would want to sue a lawyer representing a Defendant? Strange and seemingly wrong.

I am almost positive that the "one successful applicant" you mentioned got resolved her case in approximately same timeframe as a lot of people here who already naturalized. This timeframe is 60 days after serving + possibly extension 30 to 60 days (if US Atty. asks for that) + 1 to 4 weeks to dismiss & get oath letter. There are some exceptions but they are rare.

It is still possible that the applicant you mentioned indeed included US Atty. in the Defendants' list and somehow got away with this but suing US Atty. along with other Defendants can not accelerate things.

 

[Eastbayer]

US Attorney as a defendant

This doesn't sound right. Local US Attorney is a lawyer representing Defendants who are Government officials. Why anybody would want to sue a lawyer representing a Defendant? Strange and seemingly wrong.

...QUOTE]

Hi qim, when I filed in Oakland, I was told by the frontdesk lady at Clerk's office to add Kevin Ryan on the defendants list. There was no space on the summon to add another name and address, obviously. She said I could use a separate piece of paper and attached it to the summon. I did not have any blank paper with me and did not want to make another trip. So I got the paper from their copy machine . However, I DID NOT list US Attorney as defendant in my petition.

I agree with you, I don't think listing local US Attorney would make one's case faster.

Emta, don't worry too much about the technical details. Once the local USCIS office receives your formal complain, it will start working on it, and things will flow. As you may have found, even petitions filed by lawyers vary and there are typos here and there as well.

 

[buggin]

That was advice from one successfull applicant in our district. she has got her case resolved really fast and believes it was because she sued US Attorney as well. In complaint there is a following wording about reason:

Emta, I agree with Qim on this one. You cannot sue someone's attorney just because the attorney represents them. Also, the charge makes no sense to me. All causes of action must be supported by law and be applicable to your case. Just because a US Attorney has a duty to represent defendants in our lawsuits, it doesn't mean that you have a cause of action against him.

Having said that, I think the courts are more forgiving when plaintiffs file Pro Se. That is why they don't let us to correct our petitions. However, I am pretty mush sure that if the US Attorney in your friend's case would go ahead and file an answer, he would claim that plaintiff inappropriately named him as a defendant.

 

[buggin]

Hi qim, when I filed in Oakland, I was told by the frontdesk lady at Clerk's office to add Kevin Ryan on the defendants list. There was no space on the summon to add another name and address, obviously. She said I could use a separate piece of paper and attached it to the summon. I did not have any blank paper with me and did not want to make another trip. So I got the paper from their copy machine . However, I DID NOT list US Attorney as defendant in my petition.

The clerk was right. You do need to add the US Attorney to your summons because you serve the papers on him as well as the defendants. You just don't name the US Attorney on your complaint as a defendant.

 

[Mr LA]

Introduce yourself.
Explain in a few words that you're the mean/nasty guy who on xx/xx/2006 sued USCIS, FBI and others...
Tell him (assuming is a he) that you just called to touch bases with him, to see if he had a chance to review your complaint, if he has any question or any issue he wants to talk to you about.
Also if is anything you can do to help (to make his life easier ) you'll be more than happy to work with him to solve the case in an expedite manner...and...in your favor, of course.
You continue the conversation around his answers...

Don't forget: He is a human being, like yourself (he's not God, nor the Devil, just another human being ) and in comparison with other officials (i.e. USCIS people) you came across before, he may be a nice, professional, educated one, who doesn't carelessly step on other people when he walks.

Good luck and share with us your conversation...unless is a she and you end up inviting her to dinner

LOL suzy.... you are crazy.....

I thank you for your advice ....

 

[Mr LA]

Tell him that you hate his guts and you wanna eat his children! (c) Mike Tyson

Well, ok, that was probably a bad idea... Just introduce yourself and ask if they need any additional info and stuff like that. Just play it by ear. The conversation isn't supposed to last for an hour and a half anyway.

The reason for the call is pretty much to remind them about your case or if they haven't even started looking at your case, maybe force them to look at it. They'll still probably take their time, but at least you'll be on their mind.

Good luck and kick their ass! In a very gentleman like way, of course

K

Thank you RealSuperK ... lol, I will tell him i love you and your kids, that is why i give blood every 2 or 3 months

 

[Mr LA]

I have never done this my self, but I will be doing that soon (when I file my case) and what I would say is to introduce my self, state my objective (getting GC or Naturalization) and express my desire to end this law suite as quickly as possible provided that USCIS/FBI finish their part in 60 days and depending on his/her response by this time of the conversatoin ask for his/her help (pointing out the rule that expaditing FBI name check when a law siute is filed)

Thank you AL11

 

[Mr LA]

my advice

Yeah. I live in Sacramento area. I applied my citizenship this Jan. and passed my interview 4/20. I heard nothing since then. I called USCIS hotline today TWICE. The first one was very rude. I had to wait about 1 hour before I can talk to him and he just said they are waiting for some kind of file and he has another customer and hung up on me. I called back and spend another hour waiting, because I want to find out what is going on for my case. The second one is a lot better and he told me that usually the cases in Cal. takes about 6 to 8 months to process. Therefore, my case is still in good shape. Well, I will belive him only if I got my oath letter within the time range he talked about. Otherwise, I will not be afraid to take it to the court. Wish you luck on your case.

Hello Jack

With USCIS believe NO ONE till you get your oath letter. Other wise do what I did… “MAKE SURE YOU MAKE A COPY FOR EVERYTHING YOU SEND” Send everything with register certified mail, just to have proof you send something ……

1.Make inforpass, just for the hell of it, 2 or 3 “ like 1 every month, or every 3 weeks.
2.See who is your congresswomen/man and call him/her and ask for help.
3.Send FOBIA request to the FBI, and the will answer you within 3 or 4 weeks.
http://boards.immigration.com/attachment.php?attachmentid=8181
4.At the end of 120 days, send a letter to interviewing officer and remind him/her about the 120 days.
5.Do all this within 120 days, so you don’t waist time…

I wish you all the best and i thank you.