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

Need Help With Mandamus Where To File

I filed my N 400 application in San Diego in November 2004 , waited for a year for my interviw plus of course nothing is going on.
Now I had to move, the SD office clearly says for filing the immigration petition thedistrict in which you reside at the time of filing. So where can I file now the Mandamus, the court here said you need to file in San Diego, San Diego says you need to file where you reside....
Thank you for you response
 
Don't worry. USPS will re-deliver again. My USPS tracking also showed they couldn't deliver at the first time and had to leave a note. But the next day the mail was delivered.
hope_Nov said:
I mailed summons last Friday. The district attorney received on Saturday (Aug 12) and Attorney general received today. However, other defendants haven't received yet. USPS tried to deliver to FBI, but failed and left a notice on the door asking FBI to pick up at the post office. If they don't pick up, it will be returned. What should I do?

Hope
 
dks35 said:
I am just thinking out of the blue - you can report your lawyer to the bar. But I think you really need to substantiate your complaint with proofs that he did wrong you - that's why everything has to be in writing. If he tells you that were 60 days are not up yet - is there a proof, or it was just a phonecall? was there a contract written on what his services would be?
the important thing now is to get your grounds established with US Attny's office. I understand how you feel about your jerk-lawyer, but don't let that distract you from your goal - winning the lawsuit. After it is done, you may go after your lawyer and make his life miserable as he did yours. Or just let it go, bad lawyers happen all the time.
keep your hopes up.
Totally agree with your oppinion. I do not want to loose the track what my goal is I am afraid He is capable of everything. I do believe my case has been mishandled in all aspects. I do have all the E mails saved. I hope luck will change for me. It appears to me that the outcomes of our cases are dependent on how lucky we are if we get to work with nice and kind human beings representing the goverment.
 
i have served summons thru us marshal to Micheal Chertoff, Secretary of the Department
of Homeland Security;
Emilo T. Gonzalez, Director of U.S. Citizenship
and Immigration Services;
Sharon A. Hudson, Houston District Director,
U.S. Citizenship and Immigration Services;
Robert S. Muller, Director of Federal Bureau
of Investigating.
my question is i caled my local DA OFFICE THEY SAY I HAVEN"T PROPERLY SERVED..... THEY SAID SINCE THEY WERE NOT SERVED IAM COFUSED IF I SERVED US OFFICALS ISN"T MY LOCAL DA WILL AUTOMATICALLY REPRESENT THEM?
 
Updates guys

Hello all, :)

The U.S Attorney will file his answers on Monday the end of 30 days extension, so we will see what happen, I can't waiting to see his answers, I have this feelings he never try this kind of cases before and he does not know what is he doing.

Wish me the best :)
 
hope_Nov said:
I mailed summons last Friday. The district attorney received on Saturday (Aug 12) and Attorney general received today. However, other defendants haven't received yet. USPS tried to deliver to FBI, but failed and left a notice on the door asking FBI to pick up at the post office. If they don't pick up, it will be returned. What should I do?

Hope

Hello Mr. Hope
The 60 days start from the U.S Attorney received the summons, he is the Gov Attorney. Don’t forget to file that receipt with the court as soon as you get it back. So sit back relax and do more reading.

I wish you the best

Ps,
If they return them back resend again, and again
 
Modeling after you

Mr LA said:
Hello all, :)

The U.S Attorney will file his answers on Monday the end of 30 days extension, so we will see what happen, I can't waiting to see his answers, I have this feelings he never try this kind of cases before and he does not know what is he doing.

Wish me the best :)

Hello Mr. LA
I am watching your case very closely, so, please post the reply the US Attorney is filing on Monday as soon as you get it.
Wishing you the best of luck.
 
Thanks guy.

When I checked USPS this morning, all the summoms have been delivered. The court here actually set 20 days, not 60 days. Is it good? Thanks.

Hope
 
local ausa and usa general

samhad10 said:
i have served summons thru us marshal to Micheal Chertoff, Secretary of the Department
of Homeland Security;
Emilo T. Gonzalez, Director of U.S. Citizenship
and Immigration Services;
Sharon A. Hudson, Houston District Director,
U.S. Citizenship and Immigration Services;
Robert S. Muller, Director of Federal Bureau
of Investigating.
my question is i caled my local DA OFFICE THEY SAY I HAVEN"T PROPERLY SERVED..... THEY SAID SINCE THEY WERE NOT SERVED IAM COFUSED IF I SERVED US OFFICALS ISN"T MY LOCAL DA WILL AUTOMATICALLY REPRESENT THEM?
Where you sue US goverment or agent, you have to serve 2 extra copies. One to the LOCAL DA and one to US Atterny General. They are the defendent lawers.
 
Motion to default judgement

Maybe you should start to prepare your Motion to default and if they don't reply in 20 days :D

hope_Nov said:
Thanks guy.

When I checked USPS this morning, all the summoms have been delivered. The court here actually set 20 days, not 60 days. Is it good? Thanks.

Hope
 
update

Here is the update for my case:

I filed motion for default judgment on 8/8 and sent a copy to AUSA. He called me two days later and asked for 30-day extension. He said they will try to resolve it administratively. I agreed on the extension. He thanked me very much probably because he missed the deadline and I let him off the hook. Today he called me and faxed me a notice for interview scheduled on 8/24. In the meantime, my name check is still pending. I hope it will be completed by next Thursday. Otherwise I still have a long way to go.
 
hayyyoot said:
Hello Mr. LA
I am watching your case very closely, so, please post the reply the US Attorney is filing on Monday as soon as you get it.
Wishing you the best of luck.


Hello Hayyyoot,

I thank you so much for caring ;)... I am NOT worry at all, to me is just matter of time ....

And i wish you the best of luck as well :)
 
I have 10days left before my 60days expire. I did not hear anything from the Attorney, but I just called the congressman and found that it seems like my Namecheck is cleared, but is still waiting USCIS to adjudicate. Not sure how much is true, but some light of hope. It's pending Namecheck over 3yrs now.

I have a question.. IF I get a call from Attorney that my 485 has been Approved in next few days (hopefully.. High hopes!!) and asking me to dismiss the case, can I still fight back to have the Approval date pushed back? I know it sounds crazy, but any possibility? Does it even make sense? Based on Priority dates, my case should have been Approved 2yrs back.

Thanks
--Samson
 
count 60 day for WOM

Mr LA said:
Hello Mr. Hope
The 60 days start from the U.S Attorney received the summons, he is the Gov Attorney. Don’t forget to file that receipt with the court as soon as you get it back. So sit back relax and do more reading.

Could you please tell how you confirmed which date was the day to start to count 60 days?

Is "the U.S Attorney" you mentioned here the one in your district Attorney Office or in the Attorney General, Washington DC? My case (WOM filed in North California) is required to serve my Complaint to both district Attorney Office and the Attorney General, Washington DC.

Thanks.
Oct2003
 
samson_33 said:
I have 10days left before my 60days expire. I did not hear anything from the Attorney, but I just called the congressman and found that it seems like my Namecheck is cleared, but is still waiting USCIS to adjudicate. Not sure how much is true, but some light of hope. It's pending Namecheck over 3yrs now.

I have a question.. IF I get a call from Attorney that my 485 has been Approved in next few days (hopefully.. High hopes!!) and asking me to dismiss the case, can I still fight back to have the Approval date pushed back? I know it sounds crazy, but any possibility? Does it even make sense? Based on Priority dates, my case should have been Approved 2yrs back.

Thanks
--Samson

Great question! I would like to know the answer too. Is that even possible? Are there any precedents?
 
Mandamus now or later??

meme, dks, et al:
Unlike others in the forum, I have decided to use an attorney to file Mandamum. After an incredable amount of research I have found one that I like.

I talked to him today and he recommended that I wait until visa numbers in my category become current. Visa numbers are currently unavailable in my category.

I have raised this question in this forum in the past as well and people have said that I could file now instead of waiting two months. Can anyone walk me through the pro's and con's of doing mandamus now versus later on?

At this point I am leaning more towards waiting till October 1. The InfoPass woman told me that a visa number had already been alloted to my case, but the attorney negated that saying that they can not allot a visa number until the case is ready for approval.

I am confused. I would appreciate any help.
Thanks.
KJ

KJ said:
Looks like I'd be better off waiting till October then.
 
default to your favor

If the AUSA does not file an answer by the deadline, the you can file a motion to ask for the default judgement, which is granting everthing you are asking for in the lawsuit. :)

hope_Nov said:
What is Motion to default, guys?

Hope
 
to KJ

KJ said:
meme, dks, et al:
Unlike others in the forum, I have decided to use an attorney to file Mandamum. After an incredable amount of research I have found one that I like.

I talked to him today and he recommended that I wait until visa numbers in my category become current. Visa numbers are currently unavailable in my category.

I have raised this question in this forum in the past as well and people have said that I could file now instead of waiting two months. Can anyone walk me through the pro's and con's of doing mandamus now versus later on?

At this point I am leaning more towards waiting till October 1. The InfoPass woman told me that a visa number had already been alloted to my case, but the attorney negated that saying that they can not allot a visa number until the case is ready for approval.

I am confused. I would appreciate any help.
Thanks.
KJ

This is a new issue for I485 filers. AILA may be the place to look for an answer. See, it's like catch22 - PD is not current, visa unavailable, then we (CIS) have no reason to work on a name check. When visa number becomes available - name check is not complete, back into the queue to wait. So, something needs to be done to break the cycle. You cannot force CIS to adjudicate I485 because PD may or may not be current at the time. But you can force/induce them to complete all the necessary procedures (i.e. namecheck, background check, fingerprints, whatever) required for adjudication ahead of time so petition could be adjudicated once PD becomes current and quota is available. I am not a lawyer and do not know all the details of the law, but it seems to me that completion of the name/security check should be a priority and it doesn't matter whether PD is current or not for your category. Quota for each year is written into the law and you cannot ask the court for approval directly. But you should ask for FBI to complete everything in a timely manner.
How many times has your PD become current in the past?
 
Update

I filed the "Certificate of Service" (or "Proof of Service") today. And, I also sent a copy to US Attorney. My next step is to call AUSA in the early of September.
 
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