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

I just got back from the Orlando Federal Courthouse and have my 'Pro Se' packet. I'm going to go though everything and hopefully see if I can get it right.

I do have a question though - how many parties will I be serving papers to? Can someone please elaborate. As far as I'm aware it'll be three parties (is that correct.

1) US Attorneys office (in Orlando)
2) Office of Attorney General (Washington DC)
3) The USCIS (but on what address and where?)

Can someone please advise me if anyone else needs summons sent to them please.

Thanks.
 
BritishGuy said:
I just got back from the Orlando Federal Courthouse and have my 'Pro Se' packet. I'm going to go though everything and hopefully see if I can get it right.

I do have a question though - how many parties will I be serving papers to? Can someone please elaborate. As far as I'm aware it'll be three parties (is that correct.

1) US Attorneys office (in Orlando)
2) Office of Attorney General (Washington DC)
3) The USCIS (but on what address and where?)

Can someone please advise me if anyone else needs summons sent to them please.

Thanks.
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Great. I believe for question 3) The USCIS , you need to send it to your district office. In Florida you have so many district office. here is the list :


TAMPA DISTRICT OFFICE (TAM)
District Director: Kathy Redman
Chief of Staff: Steve Pecinovsky
Field Office Director: Stuart Dresser
5524 West Cypress Street
Tampa, FL 33607-1708
Phone: (813) 637-3001
Fax: (813) 288-1229


JACKSONVILLE FIELD OFFICE (JAC)
Field Office Director: Len Susalla
4121 Southpoint Boulevard
Jacksonville, FL 32216-0930
Phone: (904) 232-2164 ext 501
Fax: (904) 232-2388

ORLANDO FIELD OFFICE (ORL)
Field Office Director: Gary Garman
9403 Tradeport Drive
Orlando, FL 32827
Phone: (407) 816-4626
Fax: (407) 855-6548

WEST PALM BEACH FIELD OFFICE (WPB)
Field Office Director: John Damone
920 Banyan Blvd
West Palm Beach, FL 33401
Phone: (561) 805-6770
Fax: (561) 659-7114
 
armin78 said:
Great. I believe for question 3) The USCIS , you need to send it to your district office. In Florida you have so many district office. here is the list :


TAMPA DISTRICT OFFICE (TAM)
District Director: Kathy Redman
Chief of Staff: Steve Pecinovsky
Field Office Director: Stuart Dresser
5524 West Cypress Street
Tampa, FL 33607-1708
Phone: (813) 637-3001
Fax: (813) 288-1229


JACKSONVILLE FIELD OFFICE (JAC)
Field Office Director: Len Susalla
4121 Southpoint Boulevard
Jacksonville, FL 32216-0930
Phone: (904) 232-2164 ext 501
Fax: (904) 232-2388

ORLANDO FIELD OFFICE (ORL)
Field Office Director: Gary Garman
9403 Tradeport Drive
Orlando, FL 32827
Phone: (407) 816-4626
Fax: (407) 855-6548

WEST PALM BEACH FIELD OFFICE (WPB)
Field Office Director: John Damone
920 Banyan Blvd
West Palm Beach, FL 33401
Phone: (561) 805-6770
Fax: (561) 659-7114
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Thanks Armin. The think the information on the Orlando office is a little old. They have moved to new offices (the address I can't pull of the top of my head) but it's on Corporate Blvd in Orlando I believe. Also, as for the Director that is now Jonathan Scarfen.


I just wan to confirm now. The Defendant that I'll be serving will be:

1) Janet Napolitano, Secretary of the Department of Homeland Security

2) Alejandro Mayorkas, Director USCIS

3) Jonathan Scharfen, Orlando District Director

4) Robert S. Mueller III, Director of FBI

Is there anyone else that I need to serve, or will these people be sufficient?

Thanks Again.
 
BritishGuy said:
Thanks Armin. The think the information on the Orlando office is a little old. They have moved to new offices (the address I can't pull of the top of my head) but it's on Corporate Blvd in Orlando I believe. Also, as for the Director that is now Jonathan Scarfen.


I just wan to confirm now. The Defendant that I'll be serving will be:

1) Janet Napolitano, Secretary of the Department of Homeland Security

2) Alejandro Mayorkas, Director USCIS

3) Jonathan Scharfen, Orlando District Director

4) Robert S. Mueller III, Director of FBI

Is there anyone else that I need to serve, or will these people be sufficient?

Thanks Again.
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You need to serve US AG and your district US attorney . I would include US AG as a defendant.
Orlando USCIS office address is 6680 Corporate Centre Boulevard Orlando, FL 32822. Field Office director is Margaret Iglesias.
 
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Thanks for the info Lazycis. One question though, I'm now hearing from various folks that it's not the Pro Se I should be filing but straight Mandamus. Is that true? I haven't had my interview yet. It's taken then 1 year and 1 month just to get my FP's done. Should I be doing the Pro Se or Mandamus?
 
BritishGuy said:
Thanks for the info Lazycis. One question though, I'm now hearing from various folks that it's not the Pro Se I should be filing but straight Mandamus. Is that true? I haven't had my interview yet. It's taken then 1 year and 1 month just to get my FP's done. Should I be doing the Pro Se or Mandamus?
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You are confusing two different things. "Pro Se" means you are going without a lawyer. "Mandamus" is a type of the lawsuit (basically, a section of code of laws that is being used to sue the government official).
Check this page to get detailed information about filing lawsuit, it has template for your case as well:
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
 
Elmono said:
hi lazycis, Is one Year enoght waiting time to file WOM?. Please advise. Thanks
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There is no universal advice. If you can show the court that you tried to push your case with the USCIS and they did nothing and at the same time cases filed after yours have been processed, you have a strong case. It worth noting, however, that filing a suit works as a catalyst for your case almost all the time.
 
Lazycis and Others,
I had explained my situation a few month back. I did proceed with the WOM route but I decided to go with a lawyer instead of Pro Se. Well, back in September, I've hired a lawyer who told me that it'd only take about a week for him to file the WOM complaint online, after he received the money and all my documents. And I did.
Mid october I gave him a call to get an update, he told me he had filed the WOM and he was waiting to get receipts back from the court to actually make the WOM official.
He also said he would send me a copy of what he did, after he receives all the receipts etc...
I haven't heard back from him for another 2 weeks so I gave him a call beginnin on November. He said he was sick and did not work for a week and that he would need a week and a half to file the WOM (which he had told me previously that he already did).
I said ok, another 2 weeks went by, so i tried 2 contact him all this week but couldn't get ahold of him so I sent him an email on tuesday telling him that this was unacceptable and that I need to know the truth from him in a nutshell.
The next day, his secretary calls me to tell me that he had ust read my email and that he would reply to it as soon as he gets out of a meeting.
He did not do so. So, i decided to stob by his office yesterday unanounced but he would not see me because he was working on a deadline. So i made an appointment to see him on tuesday.
I don't want to go at him the wrong way even though he's been lyin to me and avoidin my calls. So i need you guys' opinions. Should I ask for my money back, or give him an ultimatum, or should i try to work things out peacefully, or maybe just go Pro Se?
Thanks
 
Soul01 said:
Lazycis and Others,
... Should I ask for my money back, or give him an ultimatum, or should i try to work things out peacefully, or maybe just go Pro Se?
Thanks
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I'd ask for my money back and then file Pro Se.

If you're uncomfortable actually filing Pro Se, why don't you do the following:
1. Draw up all your paperwork (the complaint in the format required by your District court and copies of all the evidence you're planning to present)
2. Send it off to the USCIS and the US attorney of your District with a letter stating the summary of your case as well as your intention to file this complaint if action isn't taken within x days (give them 45-60 days due to the upcoming holidays). I know this adds another couple of months to your misery, but the Lawyer doesn't seen to be helping any...

Once you give them a copy of the complaint, they know that the Mandamus complaint isn't an empty threat and that usually gets the file moving.

If it doesn't, then at least you can hand over the complaint to (a different) attorney and give them a starting point for the complaint.

If you've already done this, please ignore.
 
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To the poster above, I'd sue the lawyer if you can! I mean dealing with the government is hard enough - let alone these CROOKS that call themselves 'lawyers'! There are good ones and then there bad ones. More bad than good in my own experience.

Anyway I called a few lawyers last week and asked a few questions. One lawyer advised me that I should send the Orlando DO (cc the Attorney General and the District Attorney) a nasty gram with a copy of the Per Se application and the complaint form - but just as a bit of a threat to let them know that I'm ready and willing to go down this road, but I rather we just get this done amicably. I FedEx'd the letters off last night and all 3 places (Orlando DO/AG and District AG) have received them (as per the FedEx website).

I haven't filed as yet, but do you guys on here think that this might work without me going the whole way? Or do you think I shouldn't be trying to call their bluff, but I should just go the Pro Se route whole and just try them that way? The lawyer I spoke to said, I should try this, it may work without courts etc getting involved.

Just to recap my case if you're wondering. I applied N-400 (Application for Citizenship) on 14th Oct 2008. Waited over a year and then finally got my biometrics appointment on 26th Oct 2009. Then nothing.

I did everything, called USCIS many times, contacted Congresswoman twice and got the same "background check" BS letter. Infopass appointments to the point that I'm on first name basis with the whole Orlando DO. I mean I exhausted my avenues. I didn't contact the Ombudsman - just felt there won't be anyone there that'll do what hasn't been done already. That is when I felt this Per Se 'nastygram' might do the trick.

Do you think it will? Or do you think until I actually do the Per Se will anything actually happen?
 
BritishGuy said:
To the poster above, I'd sue the lawyer if you can! I mean dealing with the government is hard enough - let alone these CROOKS that call themselves 'lawyers'! There are good ones and then there bad ones. More bad than good in my own experience.

Anyway I called a few lawyers last week and asked a few questions. One lawyer advised me that I should send the Orlando DO (cc the Attorney General and the District Attorney) a nasty gram with a copy of the Per Se application and the complaint form - but just as a bit of a threat to let them know that I'm ready and willing to go down this road, but I rather we just get this done amicably. I FedEx'd the letters off last night and all 3 places (Orlando DO/AG and District AG) have received them (as per the FedEx website).

I haven't filed as yet, but do you guys on here think that this might work without me going the whole way? Or do you think I shouldn't be trying to call their bluff, but I should just go the Pro Se route whole and just try them that way? The lawyer I spoke to said, I should try this, it may work without courts etc getting involved.

Just to recap my case if you're wondering. I applied N-400 (Application for Citizenship) on 14th Oct 2008. Waited over a year and then finally got my biometrics appointment on 26th Oct 2009. Then nothing.

I did everything, called USCIS many times, contacted Congresswoman twice and got the same "background check" BS letter. Infopass appointments to the point that I'm on first name basis with the whole Orlando DO. I mean I exhausted my avenues. I didn't contact the Ombudsman - just felt there won't be anyone there that'll do what hasn't been done already. That is when I felt this Per Se 'nastygram' might do the trick.

Do you think it will? Or do you think until I actually do the Per Se will anything actually happen?
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no harm in sending over the prepared documents 'for their perusal' (send it to both USCIS and US Attorney). Wait 60 days and if you hear nothing - file Pro Se. (Worked like a charm for my GC)
 
GungaDin, Did you send them a 'nastygram' and that did the trick? Or did you actually file the Pro Se and then that got the ball rolling?
 
armin78 said:
what is nastygram ??
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That just means that I sent them a letter basically threatening them with the Per Se court case if they don't hurry up. So it's a 'Nasty' letter or otherwise known as a 'Nastygram'. It's a slang term - nothing official. I was advised by a lawyer to send them this prior to taking them to court just to see if they hurry up a little. If they don't then just take them to court. I don't know if it'll do the trick, but we'll wait and see.
 
Hello everyone:


I felt compelled to let others know I recently filed and succeeded in a lawsuit against the USCIS for petition for naturalization hearing, under 8 U.S.C. § 1447(b).

The application is particular in that there were multiple misdemeanors involved, some within the statutory period, including one involving moral turpitude, for which the application had been previously denied on multiple ocasions.

Nonetheless, the lawsuit was a success, USCIS settled out of court. A month after filing USCIS was calling to settle.
 
DO/JD said:
Hello everyone:


I felt compelled to let others know I recently filed and succeeded in a lawsuit against the USCIS for petition for naturalization hearing, under 8 U.S.C. § 1447(b).

The application is particular in that there were multiple misdemeanors involved, some within the statutory period, including one involving moral turpitude, for which the application had been previously denied on multiple ocasions.

Nonetheless, the lawsuit was a success, USCIS settled out of court. A month after filing USCIS was calling to settle.
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Ahhhh....music to my ears! I just hope that something comes from the documents I just sent them.

I just want to confirm though, when was this 1447(b) filed? Before the interview or after?
 
DO/JD said:
Hello everyone:


I felt compelled to let others know I recently filed and succeeded in a lawsuit against the USCIS for petition for naturalization hearing, under 8 U.S.C. § 1447(b).

The application is particular in that there were multiple misdemeanors involved, some within the statutory period, including one involving moral turpitude, for which the application had been previously denied on multiple ocasions.

Nonetheless, the lawsuit was a success, USCIS settled out of court. A month after filing USCIS was calling to settle.
Click to expand...


glad to hear that.
but do you mean after denial you actually filed for n400 again and did it several times? how many and how often?
 
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