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

firebird123 said:
My AUSA proposed that "USCIS is now prepared to adjudicate plaintiff's application for naturalization and agrees to adjudicate such application within 30 days of the dismissal of this action". Is this good ? My concern is that there is no legal responsibility on USCIS to do so within 30 days of dismissal even though it agrees to do so. Gurus, what should I do ? Propose a 30-day extension instead or bite his pill ? The deadline for AUSA to respond is still about 20+ days away.

In the "ORDER" section of the proposed "stipulation to dismiss and [Proposed] order" document, there is a single line of "Pursuant to stipulation. IT IS SO ORDERED.". What does that mean ? Does that give the legal responsibility
to USCIS's "agree to adjudicate within 30 days of the dismissal" ?

Over the phone, AUSA or the clerk also claimed that they can not proceed further with my N400 case without dismissal. Is this claim legal ?

Thanks for advice,
Click to expand...

I'm in your boat, my friend.

The AUSA show up in the court hearing date"only 7 days after i filed my WOM" with an interview letter & 2nd fingerprint notice, and the case was dissmesed accordingly.

I have the interview next Monday, and i'm warried of retliation. Let see what's gonna happen.

Moody
 
Stipulation to dismiss

paz1960 said:
Congratulations Firebird123! You won! AUSA and USCIS is right that following 'ad literam' the statue, they lost jurisdiction in the moment you filed your complaint based on 1447(b), so they can't adjudicate your case till the lawsuit is dismissed or the judge remands back the matter to USCIS.

I agree with PendingN400 that it is extremely unlikely that AUSA or USCIS are playing tricks at this stage. But in order to make yourself more comfortable you can add one more sentence to the "stipulation to dismiss": "This case is dismissed WITHOUT PREJUDICE, but should further court review prove necessary, Plaintiff may reinstate his/her complaint in this court".

I am almost completely sure, that this will not happen (i.e, reopening your case with the district court); USCIS and AUSA would use other tactics to extend the time or to dismiss your case if they would not be ready to adjudicate your application. My guess is that as soon as you sign the joint motion to dismiss, USCIS will send you a decision letter (hopefully approval, with the oath ceremony scheduled).
Click to expand...

Thanks Paz for advice. I'll add the sentence to the stipulation.

One last question: how to sign this stipulation ? Need it to be simultaneously
done by AUSA and me ? Or should I put name before they do ?

I have had great assitance from this site and some particular people like you.
I promise that once the ordeal is over, all online docs by me will be posted except for persornal data.

Thanks,
 
firebird123 said:
Thanks Paz for advice. I'll add the sentence to the stipulation.

One last question: how to sign this stipulation ? Need it to be simultaneously
done by AUSA and me ? Or should I put name before they do ?

I have had great assitance from this site and some particular people like you.
I promise that once the ordeal is over, all online docs by me will be posted except for persornal data.

Thanks,
Click to expand...
Unfortunately, I don't have first hand experience with this matter :( . I looked up couple of Stipulations to dismiss, but all what I found in my collection were handled by attorneys, and filed electronically. The AUSA and the attorneys have this electronic signature, which has the same legal value as the original signature.

I would simply contact AUSA and explain that I would like to add that extra sentence and I am ready to agree with the modified stipulation to dismiss and ask him/her how to proceeed. I don't think that both of you need to be simultaneously present at the court to sign in person this document, but this is just a guess. AUSA certainly can help you, it is also his/her interest to close your case.
 
Do not worry about the signature thing. You just email or fax your additions
to the AUSA. Once both of you agree to the joint statement, the
AUSA will take care of everything. Of course, it is prudent to contact
the AUSA on this if you still feel uncomfortable.



paz1960 said:
Unfortunately, I don't have first hand experience with this matter :( . I looked up couple of Stipulations to dismiss, but all what I found in my collection were handled by attorneys, and filed electronically. The AUSA and the attorneys have this electronic signature, which has the same legal value as the original signature.

I would simply contact AUSA and explain that I would like to add that extra sentence and I am ready to agree with the modified stipulation to dismiss and ask him/her how to proceeed. I don't think that both of you need to be simultaneously present at the court to sign in person this document, but this is just a guess. AUSA certainly can help you, it is also his/her interest to close your case.
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When should i sign the dismiss letter from my AUSA

:) My AUSA sent me the approved letter and a seperate letter to dismiss my case. I haven't received my actual card yet. I only got the email message telling me my card is going to be mailed within 30 days. Should I sign the dismissal letter now? or wait to get the actual card?
 
Letter from AUSA

I filed my WOM on Nov. 20th, served all the summons the same day. I haven't got all the delivery proof yet. Today, I got a letter from AUSA. It states: "... Since the named defendants are sued in their official capacity, this litigation is essentially against the United States of America. As such, the defendants have sixty-days after the service of the last defendant in compliance with Rule 4(i) of the federal rules of civil procedure. Rule 4(i) sets out who you are required to serve. Could you provide me a date when you have completed the last service required under Rule 4(i) of the Federal Rules of Civil Procedure. I will then know how to calculate when the defendants' answer is due".

Here are my questions:

1. I checked Rule 4(i), it says I also need to send a copy of summons and of the complaint to the Attorney General of US. Actually, he is one of the official I am suing, so, should I send a copy of all the summons to him again?

2. Is this letter a standard reply? From reading the letter, I feel like this AUSA is not active on my case, is he trying to wait for 60 days before respond?

3. Is there anything else I should do? I know, the next step is sending the delivery proof to the court and AUSA. What else? How to expedite the FBI name check?
 
Help Needed!

Hi Gurus,

I think I made a mistake in my mailing to the US attorney. I missed writing " addressed to the civil process clerk". My summons + complaint were returned to by the DA office, with following note:

" We are returning the Summons and Complaint which were received in the office yesterday. We refer you to Rule 4(i) of the Federal Rules of Civil Procedure which requires the service of a summons and complaint by personal service or registered or certified mail addressed to the civil process clerk at the office of the United States Attorney. Fed R. Civ P. 4(i)(1)(A). Once proper service has been accomplished, we will process the summons and complaint accordingly.

Further, although this office will accept service pursuant to Fed. R. Civ. P 4(i)(1)(A) on behalf of the United States, you still must comply with Fed. R.Civ. R. 4(i)(1)(B) and 4(i)(2)(A)".

This is the whole letter. I understand one thing that I need to add " Addressed to the Civil Process ClerK" in the mailing address for DA. Question: What does second paragraph means? Is there anything else I need to do when I mail it in the morning?
I appreciate any urgent help.

sfdurrani
I-485 Stuck in name check since Oct 2004
 
yvesliu said:
I filed my WOM on Nov. 20th, served all the summons the same day. I haven't got all the delivery proof yet. Today, I got a letter from AUSA. It states: "... Since the named defendants are sued in their official capacity, this litigation is essentially against the United States of America. As such, the defendants have sixty-days after the service of the last defendant in compliance with Rule 4(i) of the federal rules of civil procedure. Rule 4(i) sets out who you are required to serve. Could you provide me a date when you have completed the last service required under Rule 4(i) of the Federal Rules of Civil Procedure. I will then know how to calculate when the defendants' answer is due".

Here are my questions:

1. I checked Rule 4(i), it says I also need to send a copy of summons and of the complaint to the Attorney General of US. Actually, he is one of the official I am suing, so, should I send a copy of all the summons to him again?

2. Is this letter a standard reply? From reading the letter, I feel like this AUSA is not active on my case, is he trying to wait for 60 days before respond?

3. Is there anything else I should do? I know, the next step is sending the delivery proof to the court and AUSA. What else? How to expedite the FBI name check?
Click to expand...

I am somewhat surprised that this AUSA wants to count the 60 days from the date when the last defendant was served. Rule 12(a)(3)(A) of the FRCP states clearly:
"The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim - or a reply to a counterclaim - within 60 days after the United States attorney is served with the pleading asserting the claim."
This letter also implied that the date when the complaint and the summons was served is the delivery date of the mail and not the mailing date, as several members of this forum stated earlier. This may make a significant difference only if for some reason the Washington bound mails got delayed. In my case the USA's Office and the USCIS DO was served on October 25, all the Washington defendants on October 30. All the mailing was done on October 24, the day of filing the complaint.

If you included the Attorney General in the list of your defendants, you don't have to send him a second round of complaint+summons.

I am not aware that this letter is a standard one, I didn't get one; I wouldn't interpret that AUSA doesn't want to work on your case till the 60 days are up, he simply wants to know when he needs to file an answer or motion to dismiss if the case is not solved till that time. I certainly would communicate with him and call his attention about Rule 12(a)(3)(A) of the FRCP. But if the difference between the date of service of the USA's Office and the Washington based defendants' service is only a couple of days, I wouldn't insist too much on the earlier response time. It is important to let him know that you know the rules but you also want to build a good working relationship with him.

How to expedite the FBI name check? This is a very good question. I (and assume all the several thousand readers of this forum) would like to know the winning answer. You certainly did the right step filing your lawsuit...
 
sfdurrani said:
Hi Gurus,

I think I made a mistake in my mailing to the US attorney. I missed writing " addressed to the civil process clerk". My summons + complaint were returned to by the DA office, with following note:

" We are returning the Summons and Complaint which were received in the office yesterday. We refer you to Rule 4(i) of the Federal Rules of Civil Procedure which requires the service of a summons and complaint by personal service or registered or certified mail addressed to the civil process clerk at the office of the United States Attorney. Fed R. Civ P. 4(i)(1)(A). Once proper service has been accomplished, we will process the summons and complaint accordingly.

Further, although this office will accept service pursuant to Fed. R. Civ. P 4(i)(1)(A) on behalf of the United States, you still must comply with Fed. R.Civ. R. 4(i)(1)(B) and 4(i)(2)(A)".

This is the whole letter. I understand one thing that I need to add " Addressed to the Civil Process ClerK" in the mailing address for DA. Question: What does second paragraph means? Is there anything else I need to do when I mail it in the morning?
I appreciate any urgent help.

sfdurrani
I-485 Stuck in name check since Oct 2004
Click to expand...
Here are the relevant parts of the FRCP:
4(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.
(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.

(2)

(A) Service on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, is effected by serving the United States in the manner prescribed by Rule 4(i)(1) and by also sending a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.

(B)Service on an officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States - whether or not the officer or employee is sued also in an official capacity - is effected by serving the United States in the manner prescribed by Rule 4(i)(1) and by serving the officer or employee in the manner prescribed by Rule 4 (e), (f), or (g).
In plain English the USA's office just reminded you that you should serve all the other defendants and the Attorney General (even if you didn't include him in the list of defendants)
To abbreviate the US Attorney's office, I would rather use USA's Office not DA office, to avoid confusion. The district attorney (DA) refers more to the state prosecutor's office, which has nothing to do with these immigration cases.
 
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OCEANID99 said:
:) My AUSA sent me the approved letter and a seperate letter to dismiss my case. I haven't received my actual card yet. I only got the email message telling me my card is going to be mailed within 30 days. Should I sign the dismissal letter now? or wait to get the actual card?
Click to expand...
I would go to the local USCIS office, get my passport stamped (has the same value like the plastic card) and sign the joint motion to dismiss after that. Strictly speaking, you asked the court to compel USCIS to adjudicate your case, not to compel them to send you the green card.
 
Thanks

Hi paz1960,

I appreciate your help very much. Let me make sure I got it straighened:
I have already mailed the summons + complaints to four defendents in Washington, DC. All except the FBI one were delivered today. This satisfies Rule 4(i)(1)(B) and 4(i)(2)(A).
Tomorrow morning when I mail the same complaint to DA, ATTN: Civil Process Clerk, this will satisfy Rule4(i)(1)(A).
Did I get it right. I appreciate your response a lot.

Thanks

sfdurrani
I-485 Stuck in name check since Oct 2004.
 
sfdurrani said:
Hi paz1960,

I appreciate your help very much. Let me make sure I got it straighened:
I have already mailed the summons + complaints to four defendents in Washington, DC. All except the FBI one were delivered today. This satisfies Rule 4(i)(1)(B) and 4(i)(2)(A).
Tomorrow morning when I mail the same complaint to DA, ATTN: Civil Process Clerk, this will satisfy Rule4(i)(1)(A).
Did I get it right. I appreciate your response a lot.

Thanks

sfdurrani
I-485 Stuck in name check since Oct 2004.
Click to expand...
It is correct, assuming that you mail tomorrow the same complaint to the US Attorney's Office, Civil Process Clerk and not to your county's District Attorney's Office.
 
Make sure you send your complaint + summons to the U.S. Attorney's office and not the District Attorney. All federal cases are handled by the US Attorney's office. You can find out who represents the fedeeral government agencies in your district court by looking up your state's iformation at
http://www.usdoj.gov/usao/offices/usa_listings2.html#o

Also, when you receive the green mail receipt cards (or printouts from USPS website with tracking numbers and receipt of certified mail) file these with the court as proof of service. 60 days should begin from the date US Attorney's office was served. I don't believe Attorney General should be sent two complaints + summons if he is already listed as one of the defendants.
 
485 Denied

Just give those of you who remember my case an update: Unfortunately, my wife's 485 was denied today based on the allegation that she registered to vote in Massachusetts 6 years ago. The deadline for USCIS to respond to my wife's WOM lawsuit is 12/10, and apparently they made it--though in a way that we didn't expect...

She's required to leave the country within 30 days and we have to find a way immediately to keep her here. So, I'll be leaving this thread and head for the other board to start another struggle against USCIS. Before I leave, just want to say thank you to all of you guys here! Good luck!
 
I need an WOM attorney in BAYAREA?

I need to file WOM as soon as possible.
can anybody suggest a WOM attorney in BAYAREA?
Thanks,
KUM1970.
 
I need an WOM attorney in BAYAREA? urgent!!

I need to file WOM as soon as possible.
can anybody suggest a WOM attorney in BAYAREA?
Thanks,
KUM1970.
 
Hi Madison04,

I am very sorry to hear this. It's sad. This is not what we expected. But somtimes, this is life.

Before you leave this forum, I would like to express my best wishes to you. Good luck! Be a man! Devote yourself into the fight, you will get more than what you want!

Best wishes.


Madison04 said:
Just give those of you who remember my case an update: Unfortunately, my wife's 485 was denied today based on the allegation that she registered to vote in Massachusetts 6 years ago. The deadline for USCIS to respond to my wife's WOM lawsuit is 12/10, and apparently they made it--though in a way that we didn't expect...

She's required to leave the country within 30 days and we have to find a way immediately to keep her here. So, I'll be leaving this thread and head for the other board to start another struggle against USCIS. Before I leave, just want to say thank you to all of you guys here! Good luck!
Click to expand...
 
Try this attorney. She deals with a lot of WOM cases.

TRICIA WANG Attorney-at-Law

39159 Paseo Padre Parkway, Suite 205
Fremont, CA 94538, USA
Email: tricia@wangslaw.com
Phone: 510-791-0232

One friend that I know paid her less than $2500.


rkum70 said:
I need to file WOM as soon as possible.
can anybody suggest a WOM attorney in BAYAREA?
Thanks,
KUM1970.
Click to expand...
 
1447(b) Help appreciated !

Guys, I would appreciate your help here:

-- Are there any people here from Northern VA area (under USCIS fairfax office), who filed their 1447(b) and won in the court after case went to trial ?

-- I found out through a prominent lawyer, that in VA, a case was rejected by the judge who claimed that 120 days start only after name check has been cleared. This could be a precedent for all cases under 1447(b) waiting on name check, and would be denied if case goes to trial. Would you agree ?

-- Please suggest me some good lawyers in this area who have had success with 1447(b).

-- Is it better to go with a famous lawyer, or do it pro-se ? Since 1447(b) seems to help only in pre-trial phase, and going to trial may reject the case based on the judgement precedence in VA, so I thought that the backing of a famous lawyer may help by putting pressure on USCIS pre-trial to work on the case actively. Would you agree ?

thanks in advance !
 
s66v said:
Guys, I would appreciate your help here:

-- Are there any people here from Northern VA area (under USCIS fairfax office), who filed their 1447(b) and won in the court after case went to trial ?

-- I found out through a prominent lawyer, that in VA, a case was rejected by the judge who claimed that 120 days start only after name check has been cleared. This could be a precedent for all cases under 1447(b) waiting on name check, and would be denied if case goes to trial. Would you agree ?

-- Please suggest me some good lawyers in this area who have had success with 1447(b).

-- Is it better to go with a famous lawyer, or do it pro-se ? Since 1447(b) seems to help only in pre-trial phase, and going to trial may reject the case based on the judgement precedence in VA, so I thought that the backing of a famous lawyer may help by putting pressure on USCIS pre-trial to work on the case actively. Would you agree ?

thanks in advance !
Click to expand...
At this stage where you are now, I would certainly recommend to hire a lawyer if you can afford one. If you decide to go Pro Se, take it seriously and spend a week or two reading the earlier posts on this forum.
The case what this proeminent lawyer was referring is Danilov v. Aguirre, case no: 1:05-cv-00101, in the Eastern District of Virginia, Alexandria Division, with the correct citation: 370 F.Supp.2d 441 (E.D. Va. 2005). I don't agree with this lawyer that Danilov could be a precendent for all cases under 1447(b) waiting for name check. I know probably at least 10 other court decisions where the argument used in Danilov was not followed. But this lawyer is right in that sense that AUSA will try most likely to use it as a precedent when files a motion to dismiss lack of jurisdiction. Fortunately, the vast majority of the judges across the country are simply not buying this argument. Of course, we still can end up exactly where we started before the lawsuit if the judge decides to remand the matter to USCIS with the instruction to adjudicate the application after the name check is complete.

I really don't want to scare you off from filing a complaint Pro Se. Many people did and they won. But needs lot of time, dedication and hard study. Go Pro Se only if you are willing to accept this.
 
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