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

mohamedmohamed said:
Both of us :cool: thanks you too, and the gang on here, this how you know it is some strong that gathered us here, everyone get happy for everone, and everyone help everyone else, if thing like this can happen in the real life, the face of the earth will change.

This forum is very good.

This particular thread IS FANTASTIC. I strongly believe that in not to many walks of life (if any) on this entire world you can find such a nice and bonded community of...strangers who care one for another and help each-other selflessly, without any personal gain or ulterior motive.


i am still deciding whether or not to apply for naturalization, i will consult few lawyers, and see what i can find, in the best chance my application will be denied, then i will file appeal, with the Appeal board, and that would be my onluy chance to make my point, i will go this rout only , if i can have some good stuffs, to fight with, will be looking, but even without that, am happy with what i got now.
thanks everyon too

You should try, it will be very nice if you'll be a new Publicus opening a thread, later on, something like this: "How to become Naturalized right-away after you get your GC if USCIS delayed your PR for over X years"
 
wimgc said:
I am in St. Paul, MN. I just called USCIS and the lady said my NC is still pending. She said somebody might touch my case so the online message changed. I think this is definitely due to WOM.
I am in MPLS MN... Who is the Attorney assigned to your case representing USCIS...
 
AUSA is Joan D. Humes for my case

Haddy said:
I am in MPLS MN... Who is the Attorney assigned to your case representing USCIS...

She is polite but doesn't want to tell me any details.
 
mohamedmohamed said:
i just got back from work, opned my mailbox, to find a letter fromt the uscis district office saying that, my i 485 have been apporoved and that i have been adimitted as a permenent residence to the United States since JUn 12 2006.
again i would liek to thank everyone for their help and support, without this forume it would have never happened, i wish good luck to the ones thata are still waiting, and am sure they will get through it, if i did, any one else will.

:) :) CONGRATULATIONS MY FRIEND :) :)

I am sorry I have been away from the forum for a while. I have been busy with work, school and the damn USCIS case on the top of everything else.

Mohammedx2, You need to look at the first date you have received a stamp on your passport regarding your residency. This is the date you have been legally admitted and became a resident of the US. This is the date when you start counting your 5 years of legal residency requirement to apply for your US Citizenship.

I am taking the early US history class this summer semester (early US history until 1877).
Not surprisingly, the members of this forum are a repetitive image of the Pilgrims who came to the US and after England started imposing the Tax Acts on them without representations in the British Parliament to recover the cost of the British forces in the US colonies (just like the USCIS imposing the pressure name check on every member here), they retaliated and started their journy towards their independence (members of this forum file lawsuit against USCIS).

Everyone here is filing Pro Se lawsuit (each one is representing General George Washington leading the American colonies' Army during the Revolutionary War).

George Washington had his own war tactics while the members of this forum are gathering each piece of evidence to strengthen the case in the court.

France was the first country to recognize the US and provide support during the war (for their advantage ofcourse), likewise the US District Court recognizes our rights and proceeds with the lawsuit to pressure USCIS to do the right thing (for a filing fee of $350 ofcourse).

The US won the war and declared its independency on July 4, 1776; similarly, each member wins the lawsuit and receives the certificate of US citizenship as a form of Declaration of Independence from the USCIS forever.


About my case, the answer is due on June 21, 2006. The AUSA had no updates on my file as of yesterday. According to the DOJ (Immigration department), no one was assigned to my case. I strongly think nothing will change even after the answer due date... Any suggections?
 
mohamedmohamed said:
i have been adimitted as a permenent residence to the United States since JUn 12 2006.

Well done Mohammedx2, you probably need to identify your status as LEGAL Permanent Residence since the Amnesty deal recognizes ILLEGAL permanent residence status :) :)
 
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My Big Congratulations And Hugs!!!

YOU DESERVE IT! YEAH!!!

HOPE EVERYONE WIN THEIR CASE!

By the way, when you went to stamp your passport, did you bring all your APs and EADs with you? Together with the 485 applications receipts and approval notice? I have an appointment at Newark next Friday, although I heard they don't stamp passport anymore, but I will still try. Oh yeah, I will bring the court stamped complaint also.


mohamedmohamed said:
i just got back from work, opned my mailbox, to find a letter fromt the uscis district office saying that, my i 485 have been apporoved and that i have been adimitted as a permenent residence to the United States since JUn 12 2006.
again i would liek to thank everyone for their help and support, without this forume it would have never happened, i wish good luck to the ones thata are still waiting, and am sure they will get through it, if i did, any one else will.
 
Alright Guys I need Your help:

ANYONE, who has seen Writ of Mandamus cases where Defendants had tried to dismiss the case saying that the Court Doesnot have Subject Matter Jurisdiction, Please if you can mention the case numbers and the District nam of these... that would be great. With working 2 jobs... I am able to gather some stuff together... but I need some more case examples where court decided that they have subject matter jurisdiction under Writ of Mandamus cases (especially for Greencard Cases)...

In the mean time, upon advice from some friends here... i tried to contact few lawyers... one lawyer is asking $5000 advance (Kim Hunter)... second one (P Chinedu Nwaneri) is asking for $1000 advance just to look into my case and then decide if will take my case or not with no guarantees and this guy charges $150 to see me... I am also schedule to see Ms Baquero tomorrow she charges $100 for the consultation...

Guys Look at this case: Case 0:04-cv-03995-JRT-FLN in District of Minnesota...

Anyone ever hired anyone of the above mentioned lawyers and good or bad experiences... any one with good experiences with some other reasonable lawyers... Please let me know...
 
Anyone has experience on ADR

I filed my WOM petition in Northern District of California on Monday. I received a package back from the court on Wednesday. As I noticed from many discusses in this forum, I should received Summons and stamped complaint. But I received many documents about Alternative Dispute Resoluton(ADR) without Summons at all, actually, follow ADR process, will waive formal Summons. The court claim the ADR processes may be much easy fast, less expensive. For our name check case, it's a small and easy case for a court, may be good choice for using ADR. But I didn't notice anybody mentioned it in this thread, or I missed it.
If anybody has experience or any clues on ADR, please share your information. I really don't know how to process it after I receive the ADR package. I appreciate for your valuable input.
 
MohamedX2 had posted a case before.
Also it is good to look in the southern california on pacer, since they have the most # of immigrants and they probably have many similar cases
Haddy said:
Alright Guys I need Your help:

ANYONE, who has seen Writ of Mandamus cases where Defendants had tried to dismiss the case saying that the Court Doesnot have Subject Matter Jurisdiction, Please if you can mention the case numbers and the District nam of these... that would be great. With working 2 jobs... I am able to gather some stuff together... but I need some more case examples where court decided that they have subject matter jurisdiction under Writ of Mandamus cases (especially for Greencard Cases)...

In the mean time, upon advice from some friends here... i tried to contact few lawyers... one lawyer is asking $5000 advance (Kim Hunter)... second one (P Chinedu Nwaneri) is asking for $1000 advance just to look into my case and then decide if will take my case or not with no guarantees and this guy charges $150 to see me... I am also schedule to see Ms Baquero tomorrow she charges $100 for the consultation...

Guys Look at this case: Case 0:04-cv-03995-JRT-FLN in District of Minnesota...

Anyone ever hired anyone of the above mentioned lawyers and good or bad experiences... any one with good experiences with some other reasonable lawyers... Please let me know...
 
buggin said:
Fightback, you should put the date when you execute the service, which is the date when you mailed your complaint and summons out to the defendants.

buggin, thank you very much for your reply. So for both date, I should put the date I mailed the summons and complaint, right?
 
Service of Summons

Hi Fighters,

I sent out the summons on 6/6/06 by certified mail with return receipt. I received one receipt from local AUSA in a couple of days. However, out of the 5 other mails to Washington, USPS online status only showes one delivery and the other 4 are still in the initial status of "accepted on 6/6/06". It's been 10 days already, is it normal?

Thanks.
 
Nobigdeal,

Normal. Some courts accept usps.com prinouts as proofs, some (like mine) will not. Check with your clerk.

A question to you and others

ok, US district attorney is not in defendants, but should a summon be issued for him? If yes, it's another mistake of mine :eek:

Thanks, guys
 
I got the same package too

Jeta said:
I filed my WOM petition in Northern District of California on Monday. I received a package back from the court on Wednesday. As I noticed from many discusses in this forum, I should received Summons and stamped complaint. But I received many documents about Alternative Dispute Resoluton(ADR) without Summons at all, actually, follow ADR process, will waive formal Summons. The court claim the ADR processes may be much easy fast, less expensive. For our name check case, it's a small and easy case for a court, may be good choice for using ADR. But I didn't notice anybody mentioned it in this thread, or I missed it.
If anybody has experience or any clues on ADR, please share your information. I really don't know how to process it after I receive the ADR package. I appreciate for your valuable input.

When I filed with the Oakland District Court, I was given documents including this one. The clerk told me to make copies and send each defendant a set, which I did. Later the Court sent me a schedule, such as the timing of the initial case management conference, joint case management conference statement (by both plaintiff and defendants), signing the ADR etc....I was quite nervous at the beginning. When I was getting closer to those set dates, I called the Assistant US Att. and found out she knew a lot more about procedures :) and deadlines. She said she had the templates of all those documents. In case we would go that far, she would draft and let me review, then we file together....On the other hand, she was hoping the name check result would come back before we had to do anything-----Turned out she was right! And in reality, we were practicing ADR already.

My advice is, refer to your Pro Se handbook and local rules. I checked the schedule set by the Court once a week, then read the relavent chapters in the Pro Se handbook/local rules to get familiar with the legal terms, and to see what documents I should start preparing or whom to call to make arrangement....I would not go beyond I should know at that point, nor would I worry about what to say in front of the judge yet. We are all very busy. A lot of time it is just too stressful, since we did not have prior experience. But step by step, we'll all make it.

So stay calm and take a deep breath. For now you just need to send them each a pack of the documents together with your summons and complains (DO NOT need to sign anything), then enjoy your reading of posting on this forum!
 
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Eastbayer,

I really appreciate for sharing your information and great advices. Yes, I'm very nervious. I have no any experience about the lawsuit, just learn it from this forum. I filed it with Oakland District Court too. But I don't know why the clerk assigned my case to SF court. For the ADR process, do we need send defendants Summons also? I didn't receive the Summons from the court. I can print it from court website. Should I get a stamp from the court? or just write down the case number on the printed form?

Thanks everybody for your experience and suggestion.





Eastbayer said:
When I filed with the Oakland District Court, I was given documents including this one. The clerk told me to make copies and send each defendant a set, which I did. Later the Court sent me a schedule, such as the timing of the initial case management conference, joint case management conference statement (by both plaintiff and defendants), signing the ADR etc....I was quite nervous at the beginning. When I was getting closer to those set dates, I called the Assistant US Att. and found out she knew a lot more about procedures :) and deadlines. She said she had the templates of all those documents. In case we would go that far, she would draft and let me review, then we file together....On the other hand, she was hoping the name check result would come back before we had to do anything-----Turned out she was right! And in reality, we were practicing ADR already.

My advice is, refer to your Pro Se handbook and local rules. I checked the schedule set by the Court once a week, then read the relavent chapters in the Pro Se handbook/local rules to get familiar with the legal terms, and to see what documents I should start preparing or whom to call to make arrangement....I would not go beyond I should know at that point, nor would I worry about what to say in front of the judge yet. We are all very busy. A lot of time it is just too stressful, since we did not have prior experience. But step by step, we'll all make it.

So stay calm and take a deep breath. For now you just need to send them each a pack of the documents together with your summons and complains (DO NOT need to sign anything), then enjoy your reading of posting on this forum!
 
fightback said:
buggin, thank you very much for your reply. So for both date, I should put the date I mailed the summons and complaint, right?
Yep, that is right - the date when you mailed the summons and complaint (it is shown on the certified mail receipts that USPS gave you).
 
nobigdeal said:
Hi Fighters,

I sent out the summons on 6/6/06 by certified mail with return receipt. I received one receipt from local AUSA in a couple of days. However, out of the 5 other mails to Washington, USPS online status only showes one delivery and the other 4 are still in the initial status of "accepted on 6/6/06". It's been 10 days already, is it normal?

Thanks.
Hmm... The last of my packages was delivered 7 days from the date of mailing. But I wouldn't be surprised if it took longer.
 
My experience

Jeta said:
Eastbayer,

I really appreciate for sharing your information and great advices. Yes, I'm very nervious. I have no any experience about the lawsuit, just learn it from this forum. I filed it with Oakland District Court too. But I don't know why the clerk assigned my case to SF court. For the ADR process, do we need send defendants Summons also? I didn't receive the Summons from the court. I can print it from court website. Should I get a stamp from the court? or just write down the case number on the printed form?

Thanks everybody for your experience and suggestion.

I guess you've read many posts and people did it differently. I went to the court with 2 original complaints and 4 copies. I also printed 6 summons using the form downloaded from the Court's web site, with 1 defendant on each summon. At the Court house, the Clerk made me to prepare a summon with all defendants' names instead. She then stamped all the complaints and the summon, so on the front page of each there was the case no and filng date as well as the initials of the assigned judge. She took 1 original and 1 copy of the complaint, gave me the stamped summon, plus a whole bunch of other documents. She said I could make copies of these documents, send each defendant a set (1 summon, 1 complaint, and 4 other documents---as I counted, but I don't remember their names exactly now). I was pretty confused at that time and tried to ask more questions, but her answers were sort of confusing. I wonder if you got the same impression or not. I was also assigned a judge in SF and was told future correspondence should be sent to the SF Court. Anyway, when I sent out the package, I remember each has 6 documents. I did not sign anything else except my petition. The ADR requires both sides to agree with the terms, so there is nothing you can do at this point, because you don't know what the defendants want to do anyway. Practically, I doubt the DHS/USCIS/FBI/Attorney General would ever contact you to reach an agreement with you! So at the end you would only need to deal with the local US Att. In a couple days, you will receive a package from the Court, acknowledging they have scheduled the initial case conference date for you, as well as other dates, such as when you should initiate contact with the defendant (or their attorney, ~ 3 weeks before the conference), when to sign the ADR, and when to file the joint initial case conference statement(~10 days before the conference) etc. I stayed in touch with the Assistant US Att. assigned to my case. At the end we did not even go to the point to work on the initial case statement, luckily :D :D :D .

I was quite busy and did not have much time to study. I did keep an eye on this forum and saved information/old cases/legal advice that I thought I might need later. I also set aside a few minutes at weekend to glance through the pro se handbook, trying to find out what to do next and what I am expecting in the coming week, etc. I have to admit there were way too much information/terms to understand at that time. But once you are there, you will sure be able to figure out what is going on.

Good luck.
 
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buggin said:
Hmm... The last of my packages was delivered 7 days from the date of mailing. But I wouldn't be surprised if it took longer.

Thank you for your reply. I will give it a few more days.
 
Hey Haddy,

I think you might of just found a new best friend :)
Similar to your case, US Atty just filed Motion to Dismiss in mine. USCIS requested to expedite my namecheck in Apr, but no response back.

Let's put our minds together and see what we can do.
 
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