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

what to discuss with AUSA

i found out who the AUSA is on my case last week. i also found that he specializes on immigration laws and also did some work at DHS. i called him but he never returned my call.

anyways, i wonder if someone here could tell me what i should talk with the AUSA if and when we do talk with each other. should i be very frank that i just want him to push FBI with the name check? that i am not really interested in the lawsuit but i am only interested in getting my greencard? with someone who probably has dealt with this kind of suit many times, is there anything i should be careful about?

finally is there any way i can find cases on which he served as AUSA? PACER does not seem to provide information on AUSA--is this right?

thanks gurus.
 
tomshen99a said:
Any Sample of Motion of dismiss on this forum ?
Anyone knows ?
Click to expand...
Hello tomshen99a, I'll post a sample tonigh after I get home. I forgot to take my pen drive with me today and all this material is stored there.
 
junzhe said:
I filed my Pro Se case yesterday and serviced the US attorney the same day in person. Now while preparing to serve other defendants I realized I should have served the copy of the orignial summons (the one for US Attorney). Instead, I served the original. Does that mean the court will reject my Certificate of Service later when I file with the copy? This mistake is only done to the US Attorney service. I will make sure I send the copy out for other defendants. What do you think my options are? Any advice?
Thanks.
Click to expand...
If you served the US Attorney in person, you can try to go back to his office, explain that you made a mistake, and gave them the original and now you would like to exchange that with the copy. Most likely they will try to help you.

In my district they gave me two identical summonses (actually, I prepared them, the clerk just stamped and signed them) so it didn't matter wich one I sent to the defendants and US Attorney.
 
Thanks much ! You are awesome !

Thanks much ! You are awesome !
paz1960 said:
Hello tomshen99a, I'll post a sample tonigh after I get home. I forgot to take my pen drive with me today and all this material is stored there.
Click to expand...
 
Voluntarily dismiss a case Rule 41(a)(1)(i)

If defendants have not served an answer or a motion for summary judgement, you can file voluntary dismissal. Here is what I submitted a few days ago:

On October 10th, 2006, Plaintiffs filed a complaint for a writ of mandamus, seeking adjudication of their applications for adjustment of status. On November 3rd, 2006, Plaintiffs’ applications were approved. Accordingly, Plaintiffs have received the relief they sought. WHEREFORE, NOTICE IS HEREBY GIVEN, in accordance with Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure, that, the defendants not having served an answer or a motion for summary judgment, the above-captioned action may be and hereby is DISMISSED WITHOUT PREJUDICE and without costs, including attorney’s fees.
Click to expand...

tomshen99a said:
Any Sample of Motion of dismiss on this forum ?
Anyone knows ?
Click to expand...
 
I think you can just start by checking your case status with him. Any progress from USCIS or FBI etc. I am sure he will like to work with you.

If you search PACER by attorney names, you may find some cases associated with him (if he had filed "Notice of Appearance" for those cases)

lenscrafterslen said:
i found out who the AUSA is on my case last week. i also found that he specializes on immigration laws and also did some work at DHS. i called him but he never returned my call.

anyways, i wonder if someone here could tell me what i should talk with the AUSA if and when we do talk with each other. should i be very frank that i just want him to push FBI with the name check? that i am not really interested in the lawsuit but i am only interested in getting my greencard? with someone who probably has dealt with this kind of suit many times, is there anything i should be careful about?

finally is there any way i can find cases on which he served as AUSA? PACER does not seem to provide information on AUSA--is this right?

thanks gurus.
Click to expand...
 
takayuki said:
Hi,
Can anyone tell me what does it mean by "return receipt". I received the return receipt of certified mail I sent from the US atty in my district 3 days ago, is this the return receipt or there are actually something else?

According to the step 12 in this thread, I need to
####################
12. File the return receipt with the court, and send a copy to the US atty office.
#####################
I live in NY, how can I file the receipt with the court? Which court? Can I mail the document in? or I have to go to court personally for the cleark to stamp on the receipt or certificate of service?
Hope to hear from you all!
Thanks a lot!!!!!!
Click to expand...
This really depends on the local rules of your court. Here is what I did (it not be necessary acceptable in your district court but worked for me):
1. I wrote a Certificate of Service similar to one I posted couple of days ago.
2. I filled the corresponding parts of the summonses with the delivery method and delivery date.
3. I attached printouts from the USPS tracking web site for the delvery poof and the originals of the cerified mai receipts (the green slips I received when I mailed the letters).
4. I took all of this to the court (they have an office in my hometown).
5. I send a copy of everything to the US Attorney's office.
 
lenscrafterslen said:
i found out who the AUSA is on my case last week. i also found that he specializes on immigration laws and also did some work at DHS. i called him but he never returned my call.

anyways, i wonder if someone here could tell me what i should talk with the AUSA if and when we do talk with each other. should i be very frank that i just want him to push FBI with the name check? that i am not really interested in the lawsuit but i am only interested in getting my greencard? with someone who probably has dealt with this kind of suit many times, is there anything i should be careful about?

finally is there any way i can find cases on which he served as AUSA? PACER does not seem to provide information on AUSA--is this right?

thanks gurus.
Click to expand...
This call should be more an introduction where you tell him who you are and offer him that you would like to give any additional information what he may need to help your case solved as quick as possible. Be nice and try to gain his goodwill, explaining that you think that he can make a real difference in your case and you are willing to fully cooperate with him to have your case solved outside the litigation.
 
time limit

I filed WOM on Nov. 29, have not receive the return receipts. Gurus, Is there a time limit for filing the Certificate of Service? Thanks.
 
timelimit

2005N400 said:
I filed WOM on Nov. 29, have not receive the return receipts. Gurus, Is there a time limit for filing the Certificate of Service? Thanks.
Click to expand...

time limit is 4 months. you should get return receipt with in few weeks. Don't expect green card back from FBI main office about delievry. Use web print out for those from USPS website.
 
Need help on filing WOM against the USCIS

I read through the discussion in this forum and got a lot of information about filing a lawsuit against the USCIS and FBI. Your information is really helpful.

My Green card has been stuck in name check for almost two years and I am considering filing a lawsuit against the USCIS and FBI, too. I am preparing the complaint and support documentation. Now I have almost all the documentation ready except one more document, which is for showing that one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Does anyone know where I can find this evidence? Your kind help is highly appreciated. Thanks a lot.
 
My 2cents: that is not a necessary item

My understaning is that is not a necessary item.
I filed mine 2 days ago without that. Two cases filed and won in my district two months ago didn't have that too.

seagull009 said:
I read through the discussion in this forum and got a lot of information about filing a lawsuit against the USCIS and FBI. Your information is really helpful.

My Green card has been stuck in name check for almost two years and I am considering filing a lawsuit against the USCIS and FBI, too. I am preparing the complaint and support documentation. Now I have almost all the documentation ready except one more document, which is for showing that one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Does anyone know where I can find this evidence? Your kind help is highly appreciated. Thanks a lot.
Click to expand...
 
You must log in or register to reply here.
Top