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

[dks35]

Questions to those who filed in LA: Suzy, Mr LA, SyedNaqvi

Hi Gals/Guys,

I finally prepared a complaint for my N400 filed 6/10/2005, Interview 10/20/2005. My "120 days" due date was back in March (I think) but I have been extremely busy at work. Now that I am ready, this thread has grown to more than 200 pages and it's sort of disconcerting going through all posts trying to extract bits and pieces of info relevant to the rules of local court here in LA and what needs to be done. What I was hoping for is if you guys can comment on my checklist:

Complaint draft - 5 defendants named: Alberto Gonzalez, Emilio Gonzalez, Michael Chertoff, Jane Arellano, Robert Mueller (optional).

When I go to court for filing:

1. I have 8 copies of the above. Is this enough?

2. Should I also bring prepared summonses forms right away to the court when I file so they can be stamped and ready?

3. All defendant receive 1 copy of complaint and summons - are these sent to the offices of their respective general counsels or to them directly and they take care of it themselves in DC?

4. Local US DA 0ffice - should I just drop by while I am in downtown area and serve them, or mailing it is the appropriate way to do it?

5. Are people in the clerks office really helpful?

6. Is there or is there NOT a $350 filing fee?

Is there anything else I should be aware of when I go there next week?

I would have taken this post to "Los Angeles" thread but since most people hang out here anyway... It's just so freaking long thread...

Thanks!

 

[mohamedmohamed]

am sure it is the WOM

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

thanks
am 99% certain that may name was cleared only as a result of the law suit, actually the US attorney told me when i called him last friday, that he expect this to happen, he said that the USCIS told him that they have already requeste expediting the name chack, and he was expecting usics to give him an update by the end of the last week, or this week.
but the thing is it take time to dessiminat this information from FBI to the USCIS officers, then to the point of contact with the us attorney , then to to him then it may take him few days to tell me.
i felt sorry for this one guy today, passed his civic teste, and he was told to check back with them later, i was like there another one get thrown in the 2-3 years wait bin,
also as i was talking to the officer from the window, i heard some one inside the office telling another one, " this file have been here in this botton drawer for the last 3 years, and it have never moved anywhere" i know they have to be talking about some one else, because my file was transfered to this office only two years ago, but any ways, now that i have been through this, and from what i have learned from here, i felt like i know all what going on their, it make a lot of difference when you know ths details.
but i dont exactly when my name check cleared, but it had to be these few days, because they havent even send me an appointement to make the FP, so while i was there today, they made me an appointment for today, and have tem taken, i though thatwas kind, because it saved me few days, while they send me one in the mail, and by thetime i received it, and got take it, i saw about three different officers cme and goes to the information officer, bring stuff, and file, am sure all that was about me.
i didnt have any bird poops on my shoulder today, and i already had an info pass for my EAD for monday the 12, but i was suppose to work somewhere today, they end up not working, i was like i can go check on my freinds at the disruct office taday and see what they have for me, am about 100 miles away.
the funny part is she didnt tell em that my name chack was cleared, and i didnt ask, so i was surprized when she asked me to take a fp, i was like is it for EAD, or 485, and when she said 485, i though may be they want to start another name check, so i asked her, is my n/c clreared, and when she said yes, i was about to jump up and down, or do the samba dance,but i finally got a grip over myself.
anyways, it hink it is as a result of the WOM, because they only have about 10 days left, so it perfect timeing for them

 

[Finale]

Hi Gals/Guys,


Complaint draft - 5 defendants named: Alberto Gonzalez, Emilio Gonzalez, Michael Chertoff, Jane Arellano, Robert Mueller (optional).

When I go to court for filing:

1. I have 8 copies of the above. Is this enough?

Since you have 5 defendants, you need five copies to send one to each one of them, the court will need 2 copies and you can take one copy for yourself and have it stamped by them. The 5 copies for defendants have to be stamped or copies of the one stamped by the court.

2. Should I also bring prepared summonses forms right away to the court when I file so they can be stamped and ready?

yes

3. All defendant receive 1 copy of complaint and summons - are these sent to the offices of their respective general counsels or to them directly and they take care of it themselves in DC?

Only for Dept of Homeland Security defendants you need to send the complaint to General Counsel office, not for the FBI and USAttorney

4. Local US DA 0ffice - should I just drop by while I am in downtown area and serve them, or mailing it is the appropriate way to do it?

I did mail it to them, don't forget to address it to "civil process clerk". But if you have someone to deliver it for you, you can do that.

5. Are people in the clerks office really helpful?

They are nice but don't expect them to do the research for you or tell you how to fill out the forms. I had a feeling that they were specifically told not to give people advice about their lawsuit because they don't want to be held responsible and it is totally understandable.

6. Is there or is there NOT a $350 filing fee?

I'm not sure about the 1447b fees

Is there anything else I should be aware of when I go there next week?

You need to go to the 5th floor, room 526. Don't forget to fill out the interested parties form. It's in your Pro Se package.

I would have taken this post to "Los Angeles" thread but since most people hang out here anyway... It's just so freaking long thread...

Good luck,
F

Thanks!

 

[Finale]

Thank you Mohammed and Suzy!

Just sign it yourself if your case was approved.

I dismissed the lawsuit.

 

[khalafah2000]

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

A related one also. I want to go to page 91 of this Thread. Unfortunately there doesn't seem to be a way for directly going to a particular page. Anybody know? Going one page at a time is just too time consuming.

 

[mohamedmohamed]

A related one also. I want to go to page 91 of this Thread. Unfortunately there doesn't seem to be a way for directly going to a particular page. Anybody know? Going one page at a time is just too time consuming.

i have tried to attach a document to a private message, but i couldnt, so i give up on that, if anyone else know how it can be done i like to know

 

[mohamedmohamed]

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?

you dont need his/her name, as long as you sned the document that have your info, and case number, when it get to the office they can figure out who is assigned to it, but it is a good idea, to call them sometime, prefereably within few week of your filing date, and ask who is assigned to your case, so you know who talk to to next time

 

[mohamedmohamed]

question for everyone

i remeber way back, i dont know, around the page 70 ish, some oen said that one of the uscis office in new jersey tld them that you dont have to wait for the 3 years period form the date of your GC approval to apply for a citizenship, does any one remember who was that person , or know any information about this exceptions, other than the military people, and their spouses.
the reason is i have my i 485 pending for longer than 3 years, but i have been physically in the country for the last 6 years, so i will try to see if the uscis will count the period of pending i 485 toward resident requirement, any idea?
i think it is worth trying, but i like to see if i can gather any supporting documents or info, because i dont want to take them to court for this, but i have feeling that it can be negociated.
i appreciate any input

 

[Suzy977]

i remeber way back, i dont know, around the page 70 ish, some oen said that one of the uscis office in new jersey tld them that you dont have to wait for the 3 years period form the date of your GC approval to apply for a citizenship, does any one remember who was that person , or know any information about this exceptions, other than the military people, and their spouses.
the reason is i have my i 485 pending for longer than 3 years, but i have been physically in the country for the last 6 years, so i will try to see if the uscis will count the period of pending i 485 toward resident requirement, any idea?
i think it is worth trying, but i like to see if i can gather any supporting documents or info, because i dont want to take them to court for this, but i have feeling that it can be negociated.
i appreciate any input

Yeah sure, and next thing you'll do you will find out if that amendment was voted saying that a naturalized citizen can candidate for Presidency

 

[khalafah2000]

NJ lawyer experience

Yesterday, i met a lawyer in NJ. i told him about my pending naturalization application due to name check. He said that it will take around 3 years! and there is nothing i can do about it. i smiled, told him that there is a law 1447b and explained him the law. i also gave him few examples and arguments. In the next 15 or so minutes, he said that i know lot more than him and can file pro se. I am sorry to say that i seemed to know lot more and was more accurate than him by just reading this forum and its material. In the end, he said that he will take my case as his first 1447, since he has lots of other clients with pending name checks who could benefit from it. Obviously i am not going to give my case to him.

But in general, i expect that lots of these lawyers should know atleast somewhat more and should keep themselves updated. Worst, when i called his office for appointment specifically asking them whether they had done 1447b or not, they told me that they had done it before. Most lawyers and their offices are liars and dishonest.

 

[amo585]

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.
.

Mohamed,

Now I can really celebrate my victory, I swear to God when I was driving to oath ceremony I remembered you and I thought happiness will be complete when Mohamed get victory. For sure a lot of names from here came to my mind, but I can't underestimate your hard work and research for every one needed help.

Enjoy your victory man; it's a well-deserved victory.... Congratulation

 

[eb1quota]

USCIS did expedite your name check

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...

From the US attorney's response, USCIS did expedite your fbi name check in April. The expedition must be because of your lawsuit.

 

[ls691035]

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...

Really sorry to hear that. I am not an expert at all, but a similar case was discussed somewhere on these pages (before page 70-80, attorney dissmissed the case because of the lack of jurisdiction of uscis over the nc process), and I don't remember outcome of the case. I guess your answer should be along the lines that USCIS CAN ask FBI to expedite (this is within their jurisdiction) and FBI can expedite NC. I guess it was a mistake to start from not to include FBI as defendant. This way they couldn't claim no jurisdiction over the process. SO, ANY WOM SHOULD INCLUDE FBI AS DEFENDANT, my imho, of course. Alternative way would be to end up this suit (without prejudice, i guess) and fill another one with FBI director as defendant. I don't know the rules about filling another lawsuit right after a previous one, but you can choose other people to sue even within USCIS, and, i guess, it should be no objection to start it over. Sorry if I missed some details, or completely off the base, I just glanced over your files.

Wish you all the luck!

 

[mohamedmohamed]

Mohamed,

Now I can really celebrate my victory, I swear to God when I was driving to oath ceremony I remembered you and I thought happiness will be complete when Mohamed get victory. For sure a lot of names from here came to my mind, but I can't underestimate your hard work and research for every one needed help.

Enjoy your victory man; it's a well-deserved victory.... Congratulation

that really kind of you, it is how we all feel connected, because we shared the same problem, who knew that suche a connection can get this strong?you go head and celebrate, and i will will celebrate in my own way too.
as soo as i get my GC i will do the thing i couldnt have done before, will prepare for my graduate programe, explore few carrer option, and move on with my life, this thing have been vrippling me, i could do shit, i even lost the morive to do anyhting, now i can try to reclaim all that.

 

[mohamedmohamed]

Yeah sure, and next thing you'll do you will find out if that amendment was voted saying that a naturalized citizen can candidate for Presidency

am sure we can come up with few candidates for that, am sure some of these names hare are just as good as everyone else , and probably better CA governor, so why not

 

[Suzy977]

am sure we can come up with few candidates for that, am sure some of these names hare are just as good as everyone else , and probably better CA governor, so why not

Just let me know when you candidate, I'll vote for you...but you have to put me Chairman of the Federal Reserve

 

[mohamedmohamed]

From the US attorney's response, USCIS did expedite your fbi name check in April. The expedition must be because of your lawsuit.

i read quickely thorugh their answer, it didnt seem anything new, it all have been discussed before, i think they are only trying to buy sometime till they finish his case.
they have asked him for 2nd FP which is a good signe, so my guess is that hewill get his GC sometime soon, according to the district office supervisor, they have subbmitted a request for the expedite, and it shouldnt take that long to get it back.
i think haddy also should try to take whatever time he have before replying to them, use this to prepare a good answer, but dont file anything till the last day of the required period, whatever that period is10-15 days, if nothign happen befre that.
and actually he can use the same staretegy used by uscis , ask for an extention to see if they will get his name check back, but under no circumstances he should dismiss his case.
yeah, by the way, is there anyways you can find out if your finger print(not the name check) have been cleared?

 

[Haddy]

Just let me know when you candidate, I'll vote for you...but you have to put me Chairman of the Federal Reserve

Though I am not in a mood of jokes right now but I could not resist... I would say make Suzy the head of USCIS or DHS or may be DOJ... Sky is your limit... thank you guys for giving me you inputs on my case... I dont have words to thank all of you... I would prepare a rough format and ask you all for your opinion... in mean time keep posting your point of views about my case... I think Suzy would remember the name of that person who was almost going to beat his cat... i think it was him who was the first person on this forum to file the answer for the motion to dismiss like mine... what do you think Suzy...

 

[mohamedmohamed]

Yesterday, i met a lawyer in NJ. i told him about my pending naturalization application due to name check. He said that it will take around 3 years! and there is nothing i can do about it. i smiled, told him that there is a law 1447b and explained him the law. i also gave him few examples and arguments. In the next 15 or so minutes, he said that i know lot more than him and can file pro se. I am sorry to say that i seemed to know lot more and was more accurate than him by just reading this forum and its material. In the end, he said that he will take my case as his first 1447, since he has lots of other clients with pending name checks who could benefit from it. Obviously i am not going to give my case to him.

But in general, i expect that lots of these lawyers should know atleast somewhat more and should keep themselves updated. Worst, when i called his office for appointment specifically asking them whether they had done 1447b or not, they told me that they had done it before. Most lawyers and their offices are liars and dishonest.

i think that is something we have to give ourselves a pat on the shoulder for it, we actually do know more about this that 99% of the lawyers, and many other of the uscis employee, because we have invested more time and efforts in it, just imagine 1.2.3 hours everyday for few mweeks, or moths( or years in case of some of the vet, publicus, Suzy and the others) or more of searching and explaining, questioning, and reviewing all these innformation, that is a lot of time and it is paying off, we see that everyday.
but we all have to thanks the host RAJIV KHANNA, he really made very easy by hosting this forum., and am sure it is costing him too, but am also confident that he beleive in the cause and have a sincer desire to help people like us.
but it is been rough, and long, and sometime s risky journey, t it remain some that unify us despite all the other difference, we have to do something to celebrate this sometime, a reunion, or whatever, we all feel like the same family, there is connection, my be invisible, we can feel it, we share the happy ending with the one who made it, and feel the sorrow of the one who are going through it, and extend the helping hands to the ones who have just started the journey, this is something great, doesnt hapen very often, it is miraculous

 

[Haddy]

i read quickely thorugh their answer, it didnt seem anything new, it all have been discussed before, i think they are only trying to buy sometime till they finish his case.
they have asked him for 2nd FP which is a good signe, so my guess is that hewill get his GC sometime soon, according to the district office supervisor, they have subbmitted a request for the expedite, and it shouldnt take that long to get it back.
i think haddy also should try to take whatever time he have before replying to them, use this to prepare a good answer, but dont file anything till the last day of the required period, whatever that period is10-15 days, if nothign happen befre that.
and actually he can use the same staretegy used by uscis , ask for an extention to see if they will get his name check back, but under no circumstances he should dismiss his case.
yeah, by the way, is there anyways you can find out if your finger print(not the name check) have been cleared?

Mohamed I think you are talking to me... yes my fingerprints got cleared on June 3. I called FBI yesterday at the number you gave me... they said they recd my fingerprints on Saturday June 3rd and returned them back to USCIS within an hour... I was really surprised that FBI was working efficiently on Saturdays... I wished USCIS could be like that too... I also think that Mr. Borges Declaration in my case is a new tactic from USCIS/DHS/Counsel to show the courts how important is the name/background check... well no one is disputing that... but waiting for these checks to clear for years is itself shows that they just want our f------g money for EADs... I apologize I rarely swear... but today I am just not feeling good... the thing is that you try so hard to try to abide by laws and pay taxes and work hard and sometimes work hard for 2 jobs... and pay more taxes... but things dont go the way you want them to go... anyways.... I need to keep myself focused towards the answer I have to prepare... I apologize for any bad feelings...