Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
LegalAlien99
Registered Users (C)
syt said:
Very good! So the complaint is the actual 'case' (where you state venue, cause etc. etc.). Did the court/clerk provide the summons for you to fill out? What is the court document you mentioned?
Cheers!
Legal
LegalAlien99 said:
Hello legal,
This is complaint/Petition/ case ... just copy and paste... the summons, the clerk will provide them to you, or your can get them from here http://www.dcd.uscourts.gov/new-case-forms.html, I am assuming you are from D.C ….
Just read more my friend, nothing comes easy
and I wish you the best
Last edited by a moderator:
LegalAlien99
Registered Users (C)
Mr LA said:Hello legal,
This is complaint/Petition/ case ... just copy and paste... the summons, the clerk will provide them to you, or your can get them from here http://www.dcd.uscourts.gov/, I am assuming you are from D.C ….
Just read more my friend, nothing comes easy
Thanks, buddy. I highly appreciate your help. No, I am from Northern Virginia. Eastern District of VA. Our District Court here has nothing online...other than the local rules. Which are useless in our cases.
Cheers!
Legal
The complaint is what I typed and yes it is the actual case.
I pre-typed the summons and submitted to clerk. Then, clerk stamped the case number and clerk's name on it. If you pre-type summons and submit 3 copies to clerk, you can get them stamped and back immediately. Or, you need to wait for clerk to send you back. It may take 1 week.
The court document is what clerk gave me. These document need to be copied and send to defendants with summons and complaint. It is about 40 pages.
I pre-typed the summons and submitted to clerk. Then, clerk stamped the case number and clerk's name on it. If you pre-type summons and submit 3 copies to clerk, you can get them stamped and back immediately. Or, you need to wait for clerk to send you back. It may take 1 week.
The court document is what clerk gave me. These document need to be copied and send to defendants with summons and complaint. It is about 40 pages.
LegalAlien99 said:
How to answer a "notice of appearance"
I got a "notice of appearance" from my district US attorney, stating that a assistance U.S. attorney is going to represent the USCIS.
So how should I answer this notice? What kind of action should I take now? I assume this means that USCIS is not going to solve my case but let US attorney handle it? What a bad luck I have.
Thank you guys!
I got a "notice of appearance" from my district US attorney, stating that a assistance U.S. attorney is going to represent the USCIS.
So how should I answer this notice? What kind of action should I take now? I assume this means that USCIS is not going to solve my case but let US attorney handle it? What a bad luck I have.
Thank you guys!
just a second
The notice of appearance is just a way for the AUSA to tell the court that he/she will be representing the government. This is normal procedure it happened in my case.
It is Good that you now know who to deal with. you don't have to respond or do anything yet...
Good luck
iceriver said:I got a "notice of appearance" from my district US attorney, stating that a assistance U.S. attorney is going to represent the USCIS.
So how should I answer this notice? What kind of action should I take now? I assume this means that USCIS is not going to solve my case but let US attorney handle it? What a bad luck I have.
Thank you guys!
The notice of appearance is just a way for the AUSA to tell the court that he/she will be representing the government. This is normal procedure it happened in my case.
It is Good that you now know who to deal with. you don't have to respond or do anything yet...
Good luck
I would like to ask for advise. I would like to dismiss my lawyer who has done nothing for me last ten weeks including not initiating the dialog with A USA. He let 60 days pass by two weeks and told me still waiting for an answer. I am sure he did not call anybody or pursue any other motions on my behalf.
I would like to know what do I have to do to to change representation to myself in this case?
What kind of the legal steps do I have to take?
How do I notify A USA office about the change in my representation?
I already know who has been asigned to my case.
I actually found out that she did not even see my complaint yet?
Looking forward to any feedback.
I would like to know what do I have to do to to change representation to myself in this case?
What kind of the legal steps do I have to take?
How do I notify A USA office about the change in my representation?
I already know who has been asigned to my case.
I actually found out that she did not even see my complaint yet?
Looking forward to any feedback.
It is very terrible. Which district are you in right now? Where did you find this lawyer? If you really want to get a lawyer, you should go to pacer website and do some research, because all the cases listed on pacer website listed attorney information. Wish you good luck,
Jack
Jack
basia866 said:
do 2nd interview and fp mean anything good?
Hello all,
I have waited for my oath for 3 years after the 1st interview in 2003 and am still stuck in the name check process, now I was notified by INS to get a 2nd interview and a 2nd fingerprint, do they mean
1. finally INS decided to start processing my case and supposely I'll get the oath real soon (3-4 weeks or so)
or
2. it's just a procedure, for anyone's case longer than 3 years then procedurely the new interview/fp need to be done, i.e. it's like a "refile" of the application and start all over from the begining? which means, it's 50-50 chance, either will get stuck in name check again real long time, or will be on the fast track?
Thank you very much for your help!
Hello all,
I have waited for my oath for 3 years after the 1st interview in 2003 and am still stuck in the name check process, now I was notified by INS to get a 2nd interview and a 2nd fingerprint, do they mean
1. finally INS decided to start processing my case and supposely I'll get the oath real soon (3-4 weeks or so)
or
2. it's just a procedure, for anyone's case longer than 3 years then procedurely the new interview/fp need to be done, i.e. it's like a "refile" of the application and start all over from the begining? which means, it's 50-50 chance, either will get stuck in name check again real long time, or will be on the fast track?
Thank you very much for your help!
i think so
Hey there,
I actually found the email address of the AUSA on the notie of appearance that she filed with the court, and that's how i contacted her right away.
it is good to establish contact ASAP so they don't sit on the case.
I only talked to AUSA once , we have conducted everything using email.
good luck you have a few weeks to go and you'll be fine.
iceriver said:
Hey there,
I actually found the email address of the AUSA on the notie of appearance that she filed with the court, and that's how i contacted her right away.
it is good to establish contact ASAP so they don't sit on the case.
I only talked to AUSA once , we have conducted everything using email.
good luck you have a few weeks to go and you'll be fine.
that's good news
HI,
looks like for all our cases, after the first namecheck if it doesn't clear right away or if the case sists in someone's office they just ignore it till you act up on it ....
All that said, in my case i haven't had a 2nd interview, but i had a 2nd FP and 8 weeks later VOILA. the namecheck cleared couple weeks after my FP.
it's all good. the way i see it if you have waited 3 years you only have 3 more months to deal, but at least you know IT IS GOING TO BE DONE.
GOOD LUCK
toolong2 said:
HI,
looks like for all our cases, after the first namecheck if it doesn't clear right away or if the case sists in someone's office they just ignore it till you act up on it ....
All that said, in my case i haven't had a 2nd interview, but i had a 2nd FP and 8 weeks later VOILA. the namecheck cleared couple weeks after my FP.
it's all good. the way i see it if you have waited 3 years you only have 3 more months to deal, but at least you know IT IS GOING TO BE DONE.
GOOD LUCK
If you take the empty form of summons from court clerk, it is double sided. So, I printed it as double sided. If you printed it as 2 pages of single side, you need to staple them together. But, it is depended on court clerk. Ask your court clerk to confirm how to print summons.
memme said:
I do not want a lawyer anymore. I just want to dismiss one I have and take over my case and start negotiation with A USA assigned to my case.cajack said:
I want to know what kind procedure I have to follow to make sure that my legal paperwork in OK for me to take over. I have learned so much from this web site. I copied all the cases and forms necesary and I am familiar with most of the regulations.
I will share all my information about my lawyer and who I had to deal with when my case comes to some kind of solution.
Anybody who can help what do I have to do to discharge my attorney and become my own representation. Please, please anybody help.
summons question
Hi all,
Can any one tell me what do I put in the number of days in the below section of the first page of summons. I am from Georgia state. Does it matter where I file the case. Please advise. I copied exactly from the summons page below.
"an answer to the complaint which is served on you with this summons, within xxxxxxxxxxxxxx days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service."
Hi all,
Can any one tell me what do I put in the number of days in the below section of the first page of summons. I am from Georgia state. Does it matter where I file the case. Please advise. I copied exactly from the summons page below.
"an answer to the complaint which is served on you with this summons, within xxxxxxxxxxxxxx days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service."