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

Haddy said:
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...
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I don't know who field the first motion but I know that "tsa3400" wanted to strangle his cat because of CIS :eek:
 
Haddy said:
... 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......
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My friend look at the bright side of the story, to pay more taxes you have to make more money, that's good ;)

...and if President Mohamedx2 is going to put me Chairman of the US Federal Reserve...that will be better...for me at least :p :D :D
 
Haddy said:
Mohamed I think you are talking to me... yes my fingerprints need to keep myself focused towards the answer I have to prepare... I apologize for any bad feelings...
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hady, lighten up, it is gonna be just fine, we all go through a time like this , but trust me it wil pass
since we are talking about jokes there is one
my "use to be lawyer" i worte him an e-mail, about 3/8/2006 asking if he will file WOM for me, he replied to me 5/8/06 after he saw that i file dfor myself, and said that he will help me with the rrest of teh law suit, i am waiting for 7/8/06 to write back to him, that i no longer need his chickened sorry ass, because my case is approved, and because i was my own lawyer
 
mohamedmohamed said:
hady, lighten up, it is gonna be just fine, we all go through a time like this , but trust me it wil pass
since we are talking about jokes there is one
my "use to be lawyer" i worte him an e-mail, about 3/8/2006 asking if he will file WOM for me, he replied to me 5/8/06 after he saw that i file dfor myself, and said that he will help me with the rrest of teh law suit, i am waiting for 7/8/06 to write back to him, that i no longer need his chickened sorry ass, because my case is approved, and because i was my own lawyer
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Make sure you check your mail on 09/08/2006 when he'll send you a Retainer Agreement to represent you for the modest fee of...$20,000 like my ex-f@#%$#g lawyer :D :D
 
My case status

Let me report my case status:

I-485: Nov 2003 (Name check pending)
WOM (Pro Se): May 19, 2006
US Attorney served: May 25, 2006
Certificate of service: 06/02/2006
Response due: 07/24/06

This thread is great, which inspired me to file the case by myself. Thanks everyone, you are my great spiritual support!!!
 
sfaizullah said:
My (sfaizullah) interview was 12/15/05 (Newark, NJ), filed 05/05/06 (after 140 days)... sent summons/complaints/exhibits today 05/13/06 (received them from clerk yesterday 05/12/06).

Best Regards
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Hi sfaizullah - sent you a private message. Can you please take a look at it? Actually i wanted to send you my 1447b via a private message, but the system doesn't let me attach a file with the private message. So i need to send it to you on your email address which is not available to me.
 
House Senate immigration compromise bill

Hi,
Has anybody read/heard about the time frame of House Senate Conference Committee for a compromise on the immigration bill ? Any word on a possible impact on filing the lawsuit based 1447b...

Thanks...
 
Emta said:
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?
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As far as I know, you don't need to send certificate of service to the US Attorney. You just need to prove to the court that you did serve on all parties.
 
mohamedmohamed said:
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,

I am surprised that USCIS didn't learn their lesson yet, with all these lawsuits going on. I thought they would stop interviewing people until their name check is cleared. Oh well, better for us.

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"

This is just outrageous! :mad: This is the reason I decided to file my 1447(b). I thought that there is no way to find out whether the FBI really working on my name check or my file is just forgotten on someone's desk. You never know and they are not willing to find it out for you.

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.

If they only knew what we have to go through.... We are so willing to help them to do their job. If they only knew...

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

Mohamedx2, congratulations to you again! I can see you doing the samba at the DO.... :D
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Haddy:

What phone # did you use to call FBI to check your fringerprint? I want to do the same to make sure USCIS had send my fingerprint and my name to FBI. Sometime USCIS just forgot about your case and put it aside and FBI never receive the case. Thanks,

Jack

Haddy said:
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...
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Haddy,

Three weeks ago when I called district attorney for my WOM case, he said he would file a motion to dismiss for lack of subject matter jurisdiction. So I know exactly how you are feeling now. I have not received their answer yet. I guess they will do it in the last minute, which is the end of this month. But I am determined to fight whatever bulls**t they will come up with.

One bright side of your case is that they already initiate the expedite name check for you. So your NC may get cleared even before you finish your answer.

Good luck to all of us.
 
Buggin,

When you filed 1447(b), I remember you mentioned that the court need 3 copies of petition and you keep 1 copy. I have question on this. Do you have only 1 copy with original signature and 3 others with copied signature? Can I just print 4 copies of petition from my printer and sign 4 of them? Is this acceptable by court.

Do you file certificates of serve? Could you please share your experience on this.

Thanks,
syt
 
mohamedmohamed said:
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.
so i went got my finger print taken, i expect this to be done soon, because the 2nd finger print usually take only hours, or days.
i am soo releaved, because i know i have to get this done before July, to be able to keep my graduate program offer.
it wouldnt hapen without the help and th support of you guys, last few days, was other, today is me, and soon the rest, keep up the good fight.
Good luck everyone.
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Congratulation brother, as long you fight for what is your's you will get....
 
mohamedmohamed said:
haddy , i think this can help
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This is a great document, Mohamedx2. But it is geared towards 1447(b) petitions. Haddy needs help with handling WOM cases.
Everybody who filed WOM, please help Haddy. He needs our help.
 
buggin said:
As far as I know, you don't need to send certificate of service to the US Attorney. You just need to prove to the court that you did serve on all parties.
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Thanks!
 
syt said:
Buggin,

When you filed 1447(b), I remember you mentioned that the court need 3 copies of petition and you keep 1 copy. I have question on this. Do you have only 1 copy with original signature and 3 others with copied signature? Can I just print 4 copies of petition from my printer and sign 4 of them? Is this acceptable by court.

Syt, you are right, the court needs only 3 copies (1 - to keep in the file; 1 - for the judge; 2 - for a magistrate judge if one will be assigned to your case). All you need to present to the clerk is 1 original and 3 copies, and then you can make enough copies of the one that the clerk will give to you. I did it a little differently though: I printed out one copy of the petition and signed it, then I made 9 copies of it. I submitted 1 original and 9 copies (to cover judge, magistrate judge, myself, US attorney, and all 5 defendants) and the court clerk stamped all of them.

Do you file certificates of serve? Could you please share your experience on this.

Yes, I did. I mailed packages to all defendants via certified mail on 5/31 (next day after I filed the petition). I didn't request return receipts, because USPS charges about $3.50 for each. When I got e-mail notifications from USPS that each package was delivered, I printed them out, and mailed the following papers to the court via certified mail on June 7:

- original summons
- printed out USPS delivery confirmations (note that they didn't show any names or signatures)
- green certified mail receipts that I got when I mailed the packages
- Return of Service forms: one filled out by my husband (confirming that he served on the US Attorney in person) and one filled out by me (confirming that I served on all the defendants via certified mail, see attached USPS receipts and delivery confirmation)

Yesterday, I checked the status of my case through PACER, and I saw that my proof of service was filed on 6/8 and the date of service on all defendants was shown as 5/31 (the day I mailed the packages). So, I guess what I did was sufficient proof of service for the court.
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For WOM case, I think tsa3400 and mahamad knows the most. tsa3400 has a file he was going to file on court if I remember it right in the this thread. Hope Haddy beats USCIS so for all of us who filed WOMs can benifit from your case!
 
Haddy, here is a draft of the Response you can use

fightback said:
For WOM case, I think tsa3400 and mahamad knows the most. tsa3400 has a file he was going to file on court if I remember it right in the this thread. Hope Haddy beats USCIS so for all of us who filed WOMs can benifit from your case!
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I found tsa3400's draft of the Plaintiff's Response to Defendant's Motion to Dismiss. Here it is.

Haddy, this is not a final document, just a draft, but it will give you some ideas and laws to use in your response. tsa3400's case is a WOM case as well.

Godd luck to you.
 
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