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

Oct2003 said:
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
Click to expand...

Hello Mr. Oct 03

The United States Attorney's Office “http://www.usdoj.gov/usao/index.html" is responsible for representing the federal government in virtually all litigation involving the United States in any District court in the U.S.A. So, The 60 days start from the U.S Attorney received the summons, from the day they sign the green card.

you will be suing :

1-Alberto R. Gonzales
US Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

2-Michael Chertoff
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

3-Emilio Gonzalez,
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

4-Local USCIS Office Director
Address........

And you will serve this guys above and local United States Attorney's Office
http://www.usdoj.gov/usao/offices/index.html#c

I hope I answered your Q.. And i wish you the best
 
Last edited by a moderator:
syt said:
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.
Click to expand...

Good Job my friend, and that iswhat i did . :)
 
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
Click to expand...

Samson_33
Remember that a lot of great things come from "Crazy ideas", filing lawsuits against the goverment considered by many people a "crazy idea" but all of us on this forum did it. Maybe your "crazy idea" is what will start a trend to bring justice for people like us who have been waiting for years for benifits.
Go for it and don't be intemidated, you did not get this far if you were not bold. So be bold when he calls you and ask for retroactive approval date. you can explain your reason and the worst case that USCIS will say no. You won't loose anything. Give it a try and tell us what happens.
 
Mr LA said:
Hello Mr. Oct 03

The United States Attorney's Office “http://www.usdoj.gov/usao/index.html" is responsible for representing the federal government in virtually all litigation involving the United States in any District court in the U.S.A. So, The 60 days start from the U.S Attorney received the summons, from the day they sign the green card.
Click to expand...

Thank you for your response, Mr LA.

I directly went to US Attorney Office to serve my complaint+ SUMMONS and got signature from the office at the same day as I filed my WOM to court. So the 60-day should be counted from that day, right?

I read that many Pliantiffs here indicated hie/her WOM was due on certain date. I wonder the due date is counted by these Pliantiffs or it should be noticed to Pliantiffs by the US Attorney?

Also, can anyone tell how long it takes for US Attorney Office to assign a WOM case to a Attorney usually, so I can contact the Attorney to ask about my case?

Thanks
Oct2003
 
Last edited by a moderator:
dks35,
I agree wholeheartedly with you.

I was current all the while before retrogression hit late 2005 and then I was current May through August.

dks35 said:
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?
Click to expand...
 
yeh!thanks guys

got a phone call from USDA, my oath date was scheduled! I will become an US citizen on Sep. 13th! He thanked me for being patient, and he said some people are very angry and aggressive(personally I can relate and I cannot blame them) and these people do not realize that he is actually on their side trying to help them. we chit-chatted a bit talking about my school and he told me his daughter also went to NYU. He is such a darling.
Walking on the street, the sunshine is beautiful, the sky is crystal blue, I was smiling to everyone passing by. my heart is singing doh rey mee...doh rey mee...
I thank everyone who helped me on this board.
 
verywang said:
got a phone call from USDA, my oath date was scheduled! I will become an US citizen on Sep. 13th! He thanked me for being patient, and he said some people are very angry and aggressive(personally I can relate and I cannot blame them) and these people do not realize that he is actually on their side trying to help them. we chit-chatted a bit talking about my school and he told me his daughter also went to NYU. He is such a darling.
Walking on the street, the sunshine is beautiful, the sky is crystal blue, I was smiling to everyone passing by. my heart is singing doh rey mee...doh rey mee...
I thank everyone who helped me on this board.
Click to expand...

Hi Wang,
You filed in Boston ?? If yes can you please re post your dates. Any advise would be really appreciated as I am filing lawsuit next week at Boston Federal court.

Enjoy!!!
 
boston_case said:
Hi Wang,
You filed in Boston ?? If yes can you please re post your dates. Any advise would be really appreciated as I am filing lawsuit next week at Boston Federal court.

Enjoy!!!
Click to expand...

I filed WOM in Boston in June. Is there anyone here from BOston with already resolved lawsuit?

_______
I-485 pending since April 2003
US Attorney served 07/03/06
60 days end 09/03/06
 
Mr LA,

When you filed "Certificate of Service", you filed (1)summons with the return of service on back (2)the delivery confirmation for serving defendants and US Attorney. Any other else?

syt

Mr LA said:
syt said:
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.
Click to expand...
Good Job my friend, and that iswhat i did . :)
Click to expand...
 
boston_case,

Have you filed 1447b already? I didn't see any updata about your case.

syt

boston_case said:
Hi Wang,
You filed in Boston ?? If yes can you please re post your dates. Any advise would be really appreciated as I am filing lawsuit next week at Boston Federal court.

Enjoy!!!
Click to expand...
 
syt said:
Mr LA,

When you filed "Certificate of Service", you filed (1)summons with the return of service on back (2)the delivery confirmation for serving defendants and US Attorney. Any other else?

syt
Click to expand...

Hello Syt,

When you filed "Certificate of Service", you filed:
1- Summons with the return of service on back
2- The delivery confirmation for serving for each defendant and US Attorney.
3- A Copy of the green card, shown the name of the person who sign for it “if the name, date, and time is NOT clear, you can get that from your local USPS office”

I wish you the best and everyone here :)
 
Last edited by a moderator:
Mr LA,

I don't get the green cards (return receipts) back from Washington DC yet. I used the delivery confirmations printed by USPS office to file certificate of service. Did you get green card back from all defendants?

syt

Mr LA said:
Hello Syt,

When you filed "Certificate of Service", you filed:
1- Summons with the return of service on back
2- The delivery confirmation for serving for each defendant and US Attorney.
3- A Copy of the green card, shown the name of the person who sign for it “if the name, date, and time NOT clear, you can get that from local USPS office”

I wish you the best and everyone here :)
Click to expand...
 
syt said:
Mr LA,

I don't get the green cards (return receipts) back from Washington DC yet. I used the delivery confirmations printed by USPS office to file certificate of service. Did you get green card back from all defendants?

syt
Click to expand...

No I did not get some of the green cards either, I used some of confirmations printed by USPS office like you ...

good luck my friend
 
LegalAlien99 said:
Hi MrLA!

I am just curious. Do I have to use USPS or can I also serve the summons via FedEx?

Cheers!

Legal
Click to expand...

Hello LegalAlien,

I have NOT used FedEX, and I have never heard/read of someone who used it to serve the government. USPS is cheaper, plus u don’t have to worry about the 60 days when will they start, they start as you know from when the U.S Attorney receive your summons and complaint. Most of the time U.S Attorney in the building of the USCIS and same block…

Good luck
 
Can You Believe This

It's been a while since I posted. I have been playing the waiting game while the DA has requested extension after extension. For those of you who have recently joined the forum, I filed my 1447B on March 21 and they requested a 30 day, then 60 day extension and now they are asking for a 90 day extension while they conduct a second interview and request "additional documentation" :mad: You will never guess what additional documentation they are requesting ....ALL OF MY COLLEGE/UNIVERSITY TRANSCRIPTS! Am I off my rocker or does it sound to you like they are dragging this out as long as possible and playing games? What do transcripts have to do with my application? :confused: I was never here on a student visa. I applied based on my military service. These transcripts are totally irrelevent :mad: Has anyone ever been asked for this before? By the way, my name check cleared in April of this year and they are just dragging this thing out as long as possible. They said 60 days ago that I needed to come for a second interview and they only now have scheduled it for the end of Oct. I am now seriously considering filing a response to their request for my transcripts, telling the court I believe they are purposely stalling and asking for irrelevant docs.
 
writ of mandamus dismissal

People
please help. I have just got a copy of the DA motion to dismiss my writ of mandamus. I am attaching it here in this message. Please read it and give me some help on how to answer. I feel somewhat helpless.
plzz help
 
This thing explains what Dispositive Pre-Trial Motions are ( motion to dismiss and motion for summary judgment ), maybe you can file a motion for summary judgment against the defendant?

Good Luck.

http://www.tlsc.org/prose5.html

Screaming_Eagle said:
It's been a while since I posted. I have been playing the waiting game while the DA has requested extension after extension. For those of you who have recently joined the forum, I filed my 1447B on March 21 and they requested a 30 day, then 60 day extension and now they are asking for a 90 day extension while they conduct a second interview and request "additional documentation" :mad: You will never guess what additional documentation they are requesting ....ALL OF MY COLLEGE/UNIVERSITY TRANSCRIPTS! Am I off my rocker or does it sound to you like they are dragging this out as long as possible and playing games? What do transcripts have to do with my application? :confused: I was never here on a student visa. I applied based on my military service. These transcripts are totally irrelevent :mad: Has anyone ever been asked for this before? By the way, my name check cleared in April of this year and they are just dragging this thing out as long as possible. They said 60 days ago that I needed to come for a second interview and they only now have scheduled it for the end of Oct. I am now seriously considering filing a response to their request for my transcripts, telling the court I believe they are purposely stalling and asking for irrelevant docs.
Click to expand...
 
To Screaming Eagle/ To Everyone

This is BS man. Do not go along with it anymore. I can see that the DA is just coming up with excuses to waste time so that he/she does not have to call the USCIS and the FBI and go throught the commotion of locating your case and who's responsible and push it through. You from all people deserve to be a US citizen because you paid your dues (military service). You should just call him/her and tell them you are taking them to court. Any judge will not only give you what you want but will make the DA/USCIS pay court fees as well after one session.

To everyone on this form and your friends. Call your local ACLU or even email them. They filed Class action law suit in LA on behalf of people like us stuck in name checks and they are looking into doing the same in all other states if they can get enough numbers. Who knows this may become a nationwide class action suit that force USCIS and the FBI to commit to absolute peroid of time (6 months or something) to make decisions on our cases. This would be a lot better than each of us going single handed against the government beauraucracy (I think I mis-spelled it).
 
You must log in or register to reply here.
Top