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

[buggin]

It is my understanding that the clock starts ticking as soon as the US Atty is served with copies of the complaint and summons. The date of service is the postmark on the envelope and if it can't be read or if it wasn't sent by mail, then it is the day it was recieved by the US Atty's office.

In my case I sent summons by certified mail. It was delivered to the US Attorney within 2 days, Attorney General within a week, and USCIS HQ took about 2.5 weeks. Bu the deadline was set with the postmark date on the mailing receipt.

In my district, the rule is that the clock doesn't start ticking until the next day after the day the US attorney is served. Everybody needs to checkt he local court rules on this calculations.

 

[buggin]

Wow... GreatPoint... I am going to see if the clerk of the court can answer this question... Which I am sure they won't... May be then I should file the Default Judgment Motion...

If you file motion for default judgment prematurely, it will just get kicked out of court. Make sure what the deadline is.

 

[Haddy]

Haddy,
When was the US Attorney served?

April 10 served but was sent (postmarked) on Apr 6

 

[Haddy]

Haddy,
When was the US Attorney served?

 

[mohamedmohamed]

thanks everyone

thanks everyones, am hopping this will be over in a matter of a week, the us Attorney still doesnt know anything, he havent even called me after i called him the last time.
some day we all going to get through this,with the efforts we made, and the help of the other here, and it will all over.
good luck everyoone

 

[Suzy977]

K thanks for your reply... after reading my previous posts do you think I should still try to file motion to default judgment... AUSA was sent the summons/complaint on April 6 which he recd on April 10... if we consider Apr 6th then the time is up ( i need to find the right rule where the court will consider the postmark date)... if we consider the Apr 10 the AUSA has until April 12 due to the fact that there was memorial day and then this weekend... any words on this...

Haddy you are confusing everyone here, initially I've told you to wait, then I've told you to file a.s.a.p. your motion, now after this last post I'm saying, wait until Monday the 12th

If you continue this way, I promise you, if I ever have a chance to met you face to face I'll kick your butt.

Come on, Haddy, gather your thoughts don't panic and stop confusing us.

 

[Haddy]

Haddy you are confusing everyone here, initially I've told you to wait, then I've told you to file a.s.a.p. your motion, now after this last post I'm saying, wait until Monday the 12th

If you continue this way, I promise you, if I ever have a chance to met you face to face I'll kick your butt.

Come on, Haddy, gather your thoughts don't panic and stop confusing us.

HAHAHAHAHAHAHA

SUZY, God Bless Your Heart... You have that thing to keep every one happy... Nice... I am trying to not make you all any more "Confused"... I know I am pain... I apologize... But look at this... I found this amazing case...

Some Lawyers kick some gooooood butt of these USCIS people...

Mohamed will like this one because Like Mohamed this guy also had Mohamed X 2...

 

[khalafah2000]

attachment in Private Message(PM)

Hi,
It may be a silly question, but i checked around and couldn't find it. Here is the question.

How can I add an attachment with Private Message(PM)? For regular posts, attachment is in additional options, but i can't see it in Private Message editor/windows

 

[buggin]

K thanks for your reply... after reading my previous posts do you think I should still try to file motion to default judgment... AUSA was sent the summons/complaint on April 6 which he recd on April 10... if we consider Apr 6th then the time is up ( i need to find the right rule where the court will consider the postmark date)... if we consider the Apr 10 the AUSA has until April 12 due to the fact that there was memorial day and then this weekend... any words on this...

Haddy, if you can't find a local court rule on this, you can use Fed Rule of Civ Proc 5(b)(2)(B): "Mailing a coy to the last known address of the person served. Service by mail is complete on mailing."
On time computation, see Fed Rule of Civ Proc 6(a).

 

[buggin]

You need to find out the rule. I'd be shocked if they didn't file anything by the deadline.

I absolutely agree.

But if they didn't, I think filing the motion for default judgement wouldn't be that bad. I doubt the judge would go for it, but at least that would show the AUSA that you mean business.

 

[blueblack]

I am!

Would you let me know more about it. I have quite some supportive documents. Thanks,

 

[buggin]

ok, today i went to the district office to get an interim EAD, since i applied for one exactly 90 day ago, and havent received it yet.
after i got to theoffice, gave my infopass letter,the person at the window made me wait for a while, and i saw a lot of other people coming and going, finally she came up, and gave me employement authorization application to be filled, after i filled gave it back to her, she said you need to come back next tusday to get your EAD issued, and you need to go down stairs to get your fingerprint taken, i was like, finger print for the EAD, or for I 485, she replied no, it is for your I485, i was like what about the nam check, she said, IT HAS BEEN CLEARED.

Mohamedmohamed, You did it! What a great news! Congratulations!

 

[buggin]

Haddy you are confusing everyone here, initially I've told you to wait, then I've told you to file a.s.a.p. your motion, now after this last post I'm saying, wait until Monday the 12th

If you continue this way, I promise you, if I ever have a chance to met you face to face I'll kick your butt.

Come on, Haddy, gather your thoughts don't panic and stop confusing us.

Suzy,
I am with you on this...
I've been trying to answer Haddy's questions but every time he pulls out another detail or fact....

Haddy,
Believe me, you can kick your defendants' butts. Do the same thing with them, get them confused, and they won't know what to say....

Anyway, good luck to you. Just remember that we are here for you and ready to help even if our help doesn't really help you.

 

[Haddy]

Haddy, if you can't find a local court rule on this, you can use Fed Rule of Civ Proc 5(b)(2)(B): "Mailing a coy to the last known address of the person served. Service by mail is complete on mailing."
On time computation, see Fed Rule of Civ Proc 6(a).

Does this help:

Delivered
04/10/06 8:41am

Notice Left
04/08/06 11:02am

Acceptance
04/06/06 6:35pm

 

[verywang]

filed proof of service today

It has been more than two weeks and I still have not received all of the returned "green receipt". So I decided to file the proof from online postal service. I went to the court straight from my college graduation commencement with cap and gown. The smiling and friendly clerk accepted the proof and made a copy for me to keep. Also I found out the name of the US attorney assigned to my case. Should I wait for two more weeks to call him or can I call him now?

 

[Haddy]

Hey Guys,

Mohamed, Suzy, SuperK, Publicus (if is there), pharmboy, Faizullah... every one...

Look at these two files... Any suggestions will be appreciated... and some one was right about the AUSA trying to intimidate me... I think I have 2 weeks to file an answer... please let me know... everyone... PLEASE HELP ME... I have never felt this bad for long time...

I know everyone is busy... and the first file is really too long... but still I will really appreciate if you all can look at it and help me prepare my answer... I will appreciate it...

 

[AL11]

How long had you been waiting before you write the letter to white house? Is it to Laura Bush or President Bush also? Did you have congressman/senators letters and also FBI/USCIS letters/infopass apartments before you write the letter? Did you give references to these letters? I myself am planning to write this sort of letter within the next couple of days. I have already written to congressman/senators and have one infopass apartment within the one month I have my interview.

Ultimately I don't think that any of this would work, except filing 1447.

I had my fingerprints 4/05. I send letters to every one the same day, my congressman already called me but really no major help. I also send the intent to sue letter (which I don't recommend) the same day, I am going to give all these things 30 days before I file. The white house letter was to the first lady.
I never bothered with info pass, I live about 70 miles away from USCIS and my time is more valuable to waist with info pass visits. I usually call the 800 number and they send me an e-mail within couple of days and that is a better documentation anyway.

 

[buggin]

Hey Guys,

Mohamed, Suzy, SuperK, Publicus (if is there), pharmboy, Faizullah... every one...

Look at these two files... Any suggestions will be appreciated... and some one was right about the AUSA trying to intimidate me... I think I have 2 weeks to file an answer... please let me know... everyone... PLEASE HELP ME... I have never felt this bad for long time...

I know everyone is busy... and the first file is really too long... but still I will really appreciate if you all can look at it and help me prepare my answer... I will appreciate it...

Haddy,
I read through your attached docs. Boy, you need lots of work to do.... Sorry about that....
I am not really familiar with the WOM cases. The only suggestion I have is to very carefully stady every rule and every case the US Atty cites in his motion, especially cases on page 21 (the very last paragraph).
You can find all the codes and statutes on www.findlaw.com. This is a free web cite. You can also do searches for cases; the same way you google.
I hope someone else has more ideas for you.
Good luck.

 

[AL11]

thanks everyones, am hopping this will be over in a matter of a week, the us Attorney still doesnt know anything, he havent even called me after i called him the last time.
some day we all going to get through this,with the efforts we made, and the help of the other here, and it will all over.
good luck everyoone

Congratulation, I am happy for you, but I have a question. Do you think your name was cleared as a result of the WOM or it just happend to be approved this around this time? It doesn't seem that the USAttorney knows anything about this. Just wondering. at the end it doesn't matter, I wish you get your GC soon

 

[Emta]

It has been more than two weeks and I still have not received all of the returned "green receipt". So I decided to file the proof from online postal service. I went to the court straight from my college graduation commencement with cap and gown. The smiling and friendly clerk accepted the proof and made a copy for me to keep. Also I found out the name of the US attorney assigned to my case. Should I wait for two more weeks to call him or can I call him now?

I've also filed today certificate of service (partialy green receipts, partialy usps online tracking). As I understand I need to send the copy of this to US attorney assigned to my case, right? I didn't find his name yet and clerk was not friendly at all. Should I call to US Attorney office to figure it out?