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

hi

hayyyoot said:
Mr. LA;
did the attornet request you to wait the 30 days after filing, or after the intial 60 days that makes it a total of 90 days of wait????
Thanks for your posts, they are extremely helpful, and yes, I will take your advice, and file after exactly 128 days
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Hello Hay,

After the 60 days, he asked for 90 or 60 days, and i told him i just have 30 days for you, and he agreed, means after july 22 and he his till Aug 21 to answer ..... where are you? i mean what state ....

all the best to all of us
 
1447(b) Lawsuit

Mr. Buggin or anyone please do response to me ASAP. I am filling lawsuit based on 1447(b) tomorrow in Eastern US district court, Virginia. I have lawsuit prepared but like to know what else i have to take with me to court, what is certificate of service and summon?
Do I have to prepare summon or certificate of service? Court will help me out or could anyone send me sample copy?

my email is takram2000@yahoo.com
 
TheRock20148 said:
Mr. Buggin or anyone please do response to me ASAP. I am filling lawsuit based on 1447(b) tomorrow in Eastern US district court, Virginia. I have lawsuit prepared but like to know what else i have to take with me to court, what is certificate of service and summon?
Do I have to prepare summon or certificate of service? Court will help me out or could anyone send me sample copy?

my email is takram2000@yahoo.com
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The Rock20148,

I guess the cover sheet + complaint (plus a check for filing fee) are what you need to take. You can take a few copies of the complaint with you so the clerk can stamp on them for the case number. I am not sure if you need to take a summons, but you can have one with you just in case. The clerk will give you at least an original copy of the summons when you are at the court.

The Certificate of Service is the document you need to file at the court and the US attorney after you serve the dependants and US attorney.

Good luck,
bobbyren
 
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TheRock20148 said:
Mr. Buggin or anyone please do response to me ASAP. I am filling lawsuit based on 1447(b) tomorrow in Eastern US district court, Virginia. I have lawsuit prepared but like to know what else i have to take with me to court, what is certificate of service and summon?
Do I have to prepare summon or certificate of service? Court will help me out or could anyone send me sample copy?

my email is takram2000@yahoo.com
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All you need is the petition (as bobbyren said, a few copies would help) and a Civil Cover Sheet (you can download it from your court's web site; look for forms) all filled out.

You can bring with you a Summons form filled out if you want. It will save you time. Otherwise, you will have to wait until the court clerk fills it out and mails it to you. I found that it is better if you have it with you at the time of filing. You'll get it stamped right away and it is ready to be served on the same day.

Good luck.
 
TheRock20148 said:
Mr. Buggin or anyone please do response to me ASAP. I am filling lawsuit based on 1447(b) tomorrow in Eastern US district court, Virginia. I have lawsuit prepared but like to know what else i have to take with me to court, what is certificate of service and summon?
Do I have to prepare summon or certificate of service? Court will help me out or could anyone send me sample copy?

my email is takram2000@yahoo.com
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hello The Rock....

Go here http://www.vawd.uscourts.gov/forms/default.asp

file this :
http://www.vawd.uscourts.gov/forms/js-44.pdf
and:
http://www.vawd.uscourts.gov/forms/ao440.pdf

You need to prepare them your self , the court will NOT help you in anything. After u prepare them make 4 or 5 copies it depends on who are u suing and how many of them ... after u file, they will stamp the complain and your summon and send them to the defendants if you need more papers they will ask you ….

good luck, i hope there is someone from your area who can help you ... i am on the other side .... i wish you the best
 
buggin said:
I filed in the Northern District of CA (San Francisco). I've heard that my district is moving things along fast. I think it also depends on a case.

See my post to Fredk41 on what to do next if the US Atty files his answer.
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Thanks once again Buggin! Yes, CA is I believe the friendliest courts when it comes to 1447(b).

Best Regards
 
Mr LA said:
Hello Hay,

After the 60 days, he asked for 90 or 60 days, and i told him i just have 30 days for you, and he agreed, means after july 22 and he his till Aug 21 to answer ..... where are you? i mean what state ....

all the best to all of us
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Mr LA:
I am in Las Vegas, so, I filed at CSC, my 120 days are up in August, I am very confused at this point, I just don't know where to start, ok, so, I prepare a complaint letter, coppies of the relevant documents, civil cover sheet, then what? should I send a copy of the complaint to teh defendants first, and then go to court when I get the signed green receipts? or should I ask teh court to serve the defendants by certified mail?? further, what should I serve the defendants? just copies of teh complaint? do I need to write a cover letter for each defendant? is there a standard cover letter I send to teh defendants? how can I know what is teh name of the head of the CIS in Las Vegas, how can I know who the US attorney in my area? :confused: :eek:
 
You have to read the local rules very carefully.
hayyyoot said:
Mr LA:
I am in Las Vegas, so, I filed at CSC, my 120 days are up in August, I am very confused at this point, I just don't know where to start, ok, so, I prepare a complaint letter, coppies of the relevant documents, civil cover sheet, then what? should I send a copy of the complaint to teh defendants first, and then go to court when I get the signed green receipts? or should I ask teh court to serve the defendants by certified mail?? further, what should I serve the defendants? just copies of teh complaint? do I need to write a cover letter for each defendant? is there a standard cover letter I send to teh defendants? how can I know what is teh name of the head of the CIS in Las Vegas, how can I know who the US attorney in my area? :confused: :eek:
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hayyyoot said:
Mr LA:
I am in Las Vegas, so, I filed at CSC, my 120 days are up in August, I am very confused at this point, I just don't know where to start, ok, so, I prepare a complaint letter, coppies of the relevant documents, civil cover sheet, then what? should I send a copy of the complaint to teh defendants first, and then go to court when I get the signed green receipts? or should I ask teh court to serve the defendants by certified mail?? further, what should I serve the defendants? just copies of teh complaint? do I need to write a cover letter for each defendant? is there a standard cover letter I send to teh defendants? how can I know what is teh name of the head of the CIS in Las Vegas, how can I know who the US attorney in my area? :confused: :eek:
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And spend some time to read some postings of this thread, for example the very first one has the following steps:
------------------------------------------
Steps to take to file a lawsuit:

1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, every time you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
--------------------------------------------
 
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Thanks All

Thank very much for all those who try to response and help others. I did prepared complain, summon and taking Exhibits with me. Cover sheet i am not sure, what options to select but will take with me to clerk.
I am taking 6 copies of complain (one for US district attorney), 5 summon for each defendent.
Hopefully court will stamp it and i will mail it right away. Certificate of service? do we have specific form or we have to create one by ourself? What should be in certificate of service? I do know that I have to send copies of return receipt to court and District attorney.

Anything else you like to add? I am planning to drive to Eastern US district court of Virginia, Alexandria at 11:00 AM. Wish me Good Luck.

I will update my progress, meanwhile here is my timeline.

N400 Submitted: 08/16/2004
Fingerprint: 02/10/2005
Interview: 08/10/2005 (passed)

Name check pending, did found out from senetar USCIS initiated my name check back in 09/03/2004 but still waiting.

Oath: Hopefully in 60 days.
 
TheRock20148 said:
... Certificate of service? do we have specific form or we have to create one by ourself? What should be in certificate of service? I do know that I have to send copies of return receipt to court and District attorney.
=QUOTE]

I think you have enough for the visit of the court.

There is a Form called "Return of Service" and in my case the clerk mailed the form to me and I found it is actually the 2nd page of the Summons (Form AO 440, wich should be able to download from the website of your District Court). So for the certificate of service, you can include the return receipt from USPS and the filled Form "Return of Service". File it to both the Court Clerk and US Attorney.

Good luck,
bobbyren
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hayyyoot said:
Mr LA:
I am in Las Vegas, so, I filed at CSC, my 120 days are up in August, I am very confused at this point, I just don't know where to start, ok, so, I prepare a complaint letter, coppies of the relevant documents, civil cover sheet, then what? should I send a copy of the complaint to teh defendants first, and then go to court when I get the signed green receipts? or should I ask teh court to serve the defendants by certified mail?? further, what should I serve the defendants? just copies of teh complaint? do I need to write a cover letter for each defendant? is there a standard cover letter I send to teh defendants? how can I know what is teh name of the head of the CIS in Las Vegas, how can I know who the US attorney in my area? :confused: :eek:
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Hello Hay,

Here is your US attorney,
http://www.usdoj.gov/usao/offices/usa_listings2.html#n

And USCIS office is :
http://www.uscis.gov/graphics/fieldoffices/lasvegas/aboutus.htm
wish you the luck
 
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sfaizullah said:
...US attorney only asked for only two weeks extension though.

Your case seems to have moved faster. What District court did you file?

Best Regards
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sfaizullah, don't worry. In my case (same Trenton, NJ court), the ADA requested an extension of two weeks as well. This is usually a sign that they start to look at your case seriously. Trust me, you won't have to go to court, prepare to receive an oath letter soon. Good luck! :)
 
lt1GM said:
sfaizullah, don't worry. In my case (same Trenton, NJ court), the ADA requested an extension of two weeks as well. This is usually a sign that they start to look at your case seriously. Trust me, you won't have to go to court, prepare to receive an oath letter soon. Good luck! :)
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Hello It1GM / Sfaizullah ...

I agree with you :)
 
lt1GM said:
sfaizullah, don't worry. In my case (same Trenton, NJ court), the ADA requested an extension of two weeks as well. This is usually a sign that they start to look at your case seriously. Trust me, you won't have to go to court, prepare to receive an oath letter soon. Good luck! :)
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Thanks It1GM! And I hope it is the case! Please do keet me in your thoughts and prayers.

Best Regards
 
ournyla said:
Experts, and contributors of the forum,

Please read the response of the AUSA that I have posted. any sugesstion or help will be appreciated.

Thanks
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I have not seen any reply for this, and not sure what other people's thoughts are. Do you need to respond to the court about this? You might need to call the court and ask about it. or maybe someone here can tell you.

I think his answer is all BS. Looks like he does not know anything about this kind of case. :rolleyes:

The issue here is that by law they need to make a decision within 120 days, and if not, you can go to the court and ask for the hearing. So apparently they are aware of this law and they didn't follow it. And I didn't see anywhere in the respond from the AUSA answer any of these questions:

1) The Reason for the delay:
What is special IN YOUR CASE that has cause this delay, where the FBI name checking is stuck on and why it can not be resolved within 120 days.
2) What effort was done to try to resolve the matter within the 120 day limit from BOTH party?
What extra effort did the FBI do to try to resolve it within the deadline?
What did USCIS do? Did they request updates from FBI for your case regularly? Did they request expidate from the FBI?

If none of the above, that just shows their sloppyness and what guarentee do you have that they will even spend any time on your case? If they did not even try to follow the law, then I don't see what else deserve a hearing if this one doesn't!

Just my 2 cents. Hope other people on the thread will come up with more detailed solutions for you.

Good Luck and stay calm.
 
ournyla said:
DEFENDANTS’ MOTION TO DISMISS AND REMAND AND SUPPORTING MEMORANDUM

I am assuming they are asking the court to dismiss your case with prejudice.

A remand is consistent with the general rule that a court should remand a case to an agency for decision of a matter that statutes place primarily in agency hands.

There is nothing strange here. Courts very often remand this type of cases back to the USCIS district offices to get the issue resolved. The reason for this is that courts understand that the background investigation needs to be completed prior to the approval of naturalization. The key here is to get the court to remand the case with "special instructions." It is very important that the court states the time limit (e.g., 30 or 60 days) for the USCIS to adjudicate the case.

III. Conclusion
District courts do not have the resources to conduct or resolve the mandatory criminal and national security background checks necessary to determine whether an individual should be granted citizenship. DONALD J.

I think your US Atty is smarter than the other ones whose answers I've seen. Usually, they just object the jurisdiction of the court. Yours actually brings a valid issue that the court doesn't have a jurisdiction or resources to do the background investigation. This is true. I think one day the government will have to resolve this issue. The law clearly says that district courts have authority to approve 1447(b) petitions or remand them back to the USCIS for resolution. However, there is another law that says that a naturalization application cannot be approved without the background investigation being complete. So, here is the dillema that got the USCIS in trouble in first place.
For this very reason district courts will never approve the petition if they know that the background investigation is not complete yet.

Now, what can you do? You do not have to file a response to the defendants' answer. You can just wait and get ready for the next step - "meeting and conferring" with the US Atty. You can read about it in the Pro Se Handbook or Local Rules.

Or you can file "Plaintiff's Opposition to Defense's Answer." And if you choose to do this, you need good law and cases to base your opposition on. The cases that ruled in plaintiff's favor. I've attached a court order for one case in CA to this post. Take a look at it and see the cases it quotes (e.g., Hovsepian, etc.). US Atty relies on Danilov case in his answer, which has been overruled by the Hovsepian case in CA. Of course, your court may choose not to follow a CA case. They don't have to if it is in a different district.

Good luck to you. Hopefully, you won't have to go to trial. I am sure the US Atty is just trying to buy some more time.
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buggin said:
Originally Posted by ournyla
DEFENDANTS’ MOTION TO DISMISS AND REMAND AND SUPPORTING MEMORANDUM

I am assuming they are asking the court to dismiss your case with prejudice.

A remand is consistent with the general rule that a court should remand a case to an agency for decision of a matter that statutes place primarily in agency hands.

There is nothing strange here. Courts very often remand this type of cases back to the USCIS district offices to get the issue resolved. The reason for this is that courts understand that the background investigation needs to be completed prior to the approval of naturalization. The key here is to get the court to remand the case with "special instructions." It is very important that the court states the time limit (e.g., 30 or 60 days) for the USCIS to adjudicate the case.

My 2 cents. In addition, make sure the specific instructions Buggin mentioned not only discuss time limits but also should include specific instruction for the FBI (which is one of the defandant) to complete you name check prior to USCIS adjudicates your application. With this mechanisim in place you close the door for the USCIS to deny your application should the time specified by the court does not suffice for the FBI to provide USCIS with the result. Remeber REMAND means you force USCIS to adjudicate your application within a certain time frame regardless of the outcome (approved or denied).

III. Conclusion
District courts do not have the resources to conduct or resolve the mandatory criminal and national security background checks necessary to determine whether an individual should be granted citizenship. DONALD J.

I think your US Atty is smarter than the other ones whose answers I've seen. Usually, they just object the jurisdiction of the court. Yours actually brings a valid issue that the court doesn't have a jurisdiction or resources to do the background investigation. This is true. I think one day the government will have to resolve this issue. The law clearly says that district courts have authority to approve 1447(b) petitions or remand them back to the USCIS for resolution. However, there is another law that says that a naturalization application cannot be approved without the background investigation being complete. So, here is the dillema that got the USCIS in trouble in first place.
For this very reason district courts will never approve the petition if they know that the background investigation is not complete yet.

Now, what can you do? You do not have to file a response to the defendants' answer. You can just wait and get ready for the next step - "meeting and conferring" with the US Atty. You can read about it in the Pro Se Handbook or Local Rules.

Or you can file "Plaintiff's Opposition to Defense's Answer." And if you choose to do this, you need good law and cases to base your opposition on. The cases that ruled in plaintiff's favor. I've attached a court order for one case in CA to this post. Take a look at it and see the cases it quotes (e.g., Hovsepian, etc.). US Atty relies on Danilov case in his answer, which has been overruled by the Hovsepian case in CA. Of course, your court may choose not to follow a CA case. They don't have to if it is in a different district.

Good luck to you. Hopefully, you won't have to go to trial. I am sure the US Atty is just trying to buy some more time
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