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

SergeyR said:
nickoxx

Ok, got it.

Now I reread your document "preparing_uscis_suit" and I have a few questions:

1) Who is AUSA? I guess that USA is US Attroney, but I didn't get who is AUSA.
2) Is there any guarantee that CIS will adjudicate your case within 30 days after US Attorney told them to do so?
3) Before you dismiss your case (in order to allow CIS adjudicate the case) will you get any confirmation that USA and CIS agreed to adjudicate the case in 30 days?
4) I see you can refile your case to the court if CIS won't adjudicate your case within 30 days, but it sounds like vicious circle. I mean you file for a hearing then they tell you they will do it within 30 days then they fail then you again file for a hearing etc.
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1. I think, this is the same.
2. I hope so. I've seen people's posts about even 1-2 weeks.
3. Look my attachment lawsuit_prep_11.jpg, section "The Busiest ...", where it says about some kinda stipulation/comment which you can ask USA. I think, they need to provide you with some sort of e-mail/paper confirmation. THIS IS THE MOST TRICKY PART (in my opinion).
4. What about paying the fee, again? If USCIS withing 30 days calls you for another interview > "no decision/answer presented again" > 120 days' game start again > filling with District court again?

I personally think, 3-4 the toughest ones. It's like a lottery 50:50, unless you're 100% proof that one's case is solid.

Otherwise, USCIS may deny, then you can apply for another officer's adjudicating > appeal to the court (if another officer's project falls through as well).

In my case, I want to get a clear answer: "yes" or "no", since if we continue on limbo, my wife pretty soon will be applying based on 5-year rule. So, I want to sort it out, otherwise, what's the point of submitting another application next fall, if the current (3-year) is still "up in the air"?
 

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Yup. I agree. It's better to ask to add some clause to the dismissal stipulation.

Also I think that another clause can be that within X days USCIS should make a clear decision "yes" or "no and why" without any further interviews. It will be great if they agree to provide such paper/email.

If you don't dismiss your case then it may take months for the court to adjudicate your case and still in the end they will pass it to USCIS.

I don't want to be involved in a vicious circle, thus I will try to get a written (paper/email) confirmation from US Attorney regarding 30 days or some similar clause.

But I think my case is clear like a water. Maybe the whole problem that caused a delay is because I moved from one state to another before applying. But we know people move within US. Actually thousands move within US each month. I'm not a surgeon or a teacher or a police officer etc who stick to one place for years. Company moved and I moved too. That's it. I never committed a crime, never been arrested, never had even a DUI etc. Taxes paid. Thus I don't see any reason which can even cause them to deny my application.
 
So now I'll focus on preparing a Complaint. I think I need to visit CIS one more time before 120 days expire and bring them my draft complaint and tell them "guys let's do it, otherwise I'll have no other options, but to sue you". But on the other hand I think it won't help and I will just loose time (at least 3 hours), gas etc.
 
Nope. I only sent a message to both senators and a representative.

I already received a reply from senator's office to fill out a form, so they can proceed:

Good Afternoon!
Thank you for contacting Senator Coons’ office regarding your naturalization petition.
We are happy to assist you in this matter. In order to do so, please complete the attached forms and either fax, scan and email or mail them to my attention.
Should you have any questions, please do not hesitate to contact me.
Thank you!
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Well, yesterday me and my wife both went to our District Court and filed a complaint and invested $400.

Now I have to make 8 extra copies of complaint and send it to each defendant and the game will continue.
At least, as of yesterday USCIS lost its jurisdiction over my wife's "limbo" case:rolleyes: for now.

To SergeyR: I had my summons ready, so clerk just stamped one summon with the case# and gave both to us. Now I have to send these summons along with the complaint and the one summon with the stamp needs to be returned (after been served to) with USPS' green receipt and forwarded to our home address. After that I'll forward it to the District Court.
 
nickoxx

You are the man!

As for me I was a bit busy all that days and did nothing since my last post here.

By the way why you call your case limbo?

And since I've only 32Kb internal memory I have several questions:

1) Did you fill second page of a Summon (ao440_summons_paper) or only first one?
2) How many summons did you take to your District Court? I see you wrote "clerk just stamped one summon with the case# and gave both to us". Did you have only 2 summons? Or a summon for each defendant?
3) Whom will you send summons? To all defendants or to just one?
4) I didn't get where should you send stamped summon?
5) Sorry for dumb question - but what really means when you write that "summon been served to?".

Thank you!
 
SergeyR said:
nickoxx

You are the man!

As for me I was a bit busy all that days and did nothing since my last post here.

SergeyR, my answers in "bold"

By the way why you call your case limbo?
Because it got stuck/over-sought

And since I've only 32Kb internal memory I have several questions:
This is a good one (about memory :D): I like people with the sense of humor.

1) Did you fill second page of a Summon (ao440_summons_paper) or only first one?
Only first. The second page will be filled out by the defendant (based on what clerk told me: this time I had 2 really helpful ladies, who patiently answered all my questions)
2) How many summons did you take to your District Court? I see you wrote "clerk just stamped one summon with the case# and gave both to us". Did you have only 2 summons? Or a summon for each defendant?
2 summons for each defendant. In our case 8 defendantsX2=16
3) Whom will you send summons? To all defendants or to just one?
To each defendant
4) I didn't get where should you send stamped summon?
Both summons go to each defendant: one (non-stamped) remains in defendant's possession (for own records), the second (stamped) comes back to me and then I'll forward it to the District Court.
Clerk told me to attach the USPS green receipt to the stamped one, so only stamped summon gets back. I've double checked this with the clerk, buddy.
5) Sorry for dumb question - but what really means when you write that "summon been served to?".
There are no dumb questions, man. We all learn.
It means, both summons (stamped and non-stamped) get mailed to the defendant.
Thank you!
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nickoxx

Thank you!

Another question - I don't know they (USPS) process their Return Receipt mail. I assume Return Receipt it's what you call a "green receipt". I know what Return Receipt means and I just read that it serves as an evidence that some critical mail was delivered. But my question is will you have to send 2 summons to each defendant in a separate envelope? I mean that non-stamped summon will be send separately from stamped, right?

I just thought about Return Receipt itself. I guess that recipient should receive an envelope first. So it probably means they will keep the envelope, but postman will get their signature and write down the address and send that confirmation back to you. But how will you get a stamped summon back? I guess the more I think the more complicated it looks. Maybe I'm just over-complicating things.

And how many letters (or envelopes) do you plan to send to each defendant including summons? I counted only summons and complaints. So if I'm correct then you will have to send 24 envelopes? Copmlaint, Stamped summon with Return Receipt and Non-Stamped summon, right?
 
SergeyR said:
nickoxx

Thank you!

Another question - I don't know they (USPS) process their Return Receipt mail. I assume Return Receipt it's what you call a "green receipt". I know what Return Receipt means and I just read that it serves as an evidence that some critical mail was delivered. But my question is will you have to send 2 summons to each defendant in a separate envelope? I mean that non-stamped summon will be send separately from stamped, right?

I just thought about Return Receipt itself. I guess that recipient should receive an envelope first. So it probably means they will keep the envelope, but postman will get their signature and write down the address and send that confirmation back to you. But how will you get a stamped summon back? I guess the more I think the more complicated it looks. Maybe I'm just over-complicating things.

And how many letters (or envelopes) do you plan to send to each defendant including summons? I counted only summons and complaints. So if I'm correct then you will have to send 24 envelopes? Copmlaint, Stamped summon with Return Receipt and Non-Stamped summon, right?
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Don't have an answer yet, dude. Need to do more research on that. Probably, will have to call either the Court or USPS and see how it goes.
 
I called the District Court and they told me to send non-stamped copy to each defendant, get the green USPS' return receipt from them and mail this receipt along with the stamped copy back to the District Court.
 
nickoxx

Sounds good, thank you! Now it's much more clear.

Do you have any timeframe to send 2 summons and a copy of complaint to defendants? I mean did you court give you a timeframe or it's just up to you (the sooner the better)?

I think you already did a great job and you a close to your goal! Now push them until they start to do what they have to do.
 
SergeyR said:
nickoxx

Sounds good, thank you! Now it's much more clear.

Do you have any timeframe to send 2 summons and a copy of complaint to defendants? I mean did you court give you a timeframe or it's just up to you (the sooner the better)?

I think you already did a great job and you a close to your goal! Now push them until they start to do what they have to do.
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SergeyR: only 1 copy (non-stamped) goes to each defendant. They told that I have 120 days to do that. But who'd wait that long? I'm gonna make extra copies of complaint over the weekend and, if nothing happens, send it on Monday.
 
Sorry, I read it clearly and got it, but for some reason at the same time wrote a mistaken message.

Yup, I agree. I wouldn't wait too long. I hope I'll start working on my complaint soon. I know when you don't have an experience it always sounds like an impossible or a complicated job before you actually start working on it. But when you start, when you make a first step it will be much easier to make further steps.
 
nickoxx,

I just review that document you attached on the previous page - complaint_1447b_chicago_completed. I think it's really simple if we just disregard that formal and specific language used. I also think if that document is a real copy then I could use it as a template for my own complaint. The only difference is that they (USCIS) never asked me to provide additional documents. Officer mentioned that during interview, but actually never send me a letter of evidence. I don't have a magic orb and can't telly why they never sent it. During my Infopass appointments I asked clerks on the first floor (interview was held on the second floor) why officer didn't send me a letter of evidence. They replied that they don't know and that the officere is still working on my case. They also told me that officer has my phone, my address (I doublechecked that address is correct) and if he requires something he will send me a letter. I made several Infopass appointments and each time I got same or similar answer from different clerks.

So now I plan to complete a cover sheet and make my complaint. Then I will print it and mail (regular mail with or w/o Return Receipt) to to USCIS and in my letter I'll tell them that I'm serious about requesting a hearing if within 120 days from interview date they they won't make their decision on my case.

Also I will make another copy of cover sheet and complaint and make another Infopass appointment and will try to talk with a clerk in person.
 
nickoxx,

I just checked your attached docs and I see you didn't include your district US Attorney. I mean you have 8 defendants and there is no district US Attorney among them. Is there any reason for that?
 
You do not sue the DA! The DA's office defends the those whom you sue. Do NOT name the DA! The DA has nothing to do with processing your naturalisation application.
 
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