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

Naveen,

2. Summons for your court is a fillable PDF at: http://www.njd.uscourts.gov/forms/ao440.pdf

Thanks for a detailed advice, lotechguy!
Am I right that I need to fill out the summons, submit them together with the
complaint and cover sheet, will get them back from the court by mail with the case number and Clerk's signature and then serve?
One of the summonses I got from MD court as a part of the package is for Plaintiff's attorney. I am filing pro se. Just discard it?
 
Thanks for a detailed advice, lotechguy!
Am I right that I need to fill out the summons, submit them together with the
complaint and cover sheet, will get them back from the court by mail with the case number and Clerk's signature and then serve?
One of the summonses I got from MD court as a part of the package is for Plaintiff's attorney. I am filing pro se. Just discard it?

If you will file by mail, then, yes, send everything by mail to clerk's office and you will get stamped summons back. Do not forget to enclose a check for $350 payable to "Clerk, U.S. District Court". You can also file in person at the clerk office, that way you will receive summons back and will be able to serve the defendants the same day. As for the summons for plaintiff's attorney, I am not sure what it is. May be it's an appearance form? Anyway, you do not need it.
 
Thanks for a detailed advice, lotechguy!
Am I right that I need to fill out the summons, submit them together with the
complaint and cover sheet, will get them back from the court by mail with the case number and Clerk's signature and then serve?
One of the summonses I got from MD court as a part of the package is for Plaintiff's attorney. I am filing pro se. Just discard it?

If possible file in person. You can get as many summons stamped as you like, just ask them they will do it. If by mail, enclose all summons clearly listing the defendent being served and the clerk will stamp it.
 
Hello

I'm also new here, here's my brief Story and questions. I'd appreciate is someone could answer:
1. Sep 05 filed N400 in San Francisco
2. Jan31 2006 passed naturalization interview, but status is pending for security checks
3. Called USCIS many times with reply: no case update, keep waiting
4. July 2007 I requested my personal FBI background check and received a reply with no record on my name.
5. July 2007 wrote letters to CA federal senator (Feistein), CA congresswoman (Eshoo), certified letter to Mrs Bush, local district US attorney, asking all of them to get the status of my security checks with FBI. I only received replies from senator and congresswomen asking for more info, which I've provided.

Question: do I waste my time waiting for more answers and FBI inquiries ? The letters to help from the above people are not enough to proof my attempt to resolve it ?
Should I just go ahead and file a law suit ?
 
I got the following addresses from SLIS. but I couldn't find the address for "Emilio Gonzalez" and "Gerard Heinauer" from Google and Yahoo maps. can any of you fellows confirm if they are correct? Maybe the zip code is wrong? thanks,
Emilio T. Gonzalez, Director
U.S. Citizenship and Immigration Services
Department of Homeland Security
425 Eye Street, NW
Washington, D.C. 20536

Gerard Heinauer, District
Nebraska Service Center
U. S. Citizenship and Immigration Services
850 S. Street
Lincoln, NE 68501
 
Hello

I'm also new here, here's my brief Story and questions. I'd appreciate is someone could answer:
1. Sep 05 filed N400 in San Francisco
2. Jan31 2006 passed naturalization interview, but status is pending for security checks
3. Called USCIS many times with reply: no case update, keep waiting
4. July 2007 I requested my personal FBI background check and received a reply with no record on my name.
5. July 2007 wrote letters to CA federal senator (Feistein), CA congresswoman (Eshoo), certified letter to Mrs Bush, local district US attorney, asking all of them to get the status of my security checks with FBI. I only received replies from senator and congresswomen asking for more info, which I've provided.

Question: do I waste my time waiting for more answers and FBI inquiries ? The letters to help from the above people are not enough to proof my attempt to resolve it ?
Should I just go ahead and file a law suit ?

You've had an interview so you do not really have to proof that you've done
everything possible to resolve your case without a lawsuit (a passage of 120 days since the interview is enough). Do not waste more time for inquiries, You case is very strong (8 USC 1447(b)) and your district is very friendly. You can anticipate a resolution within 2-3 months of filing a lawsuit.
 
I got the following addresses from SLIS. but I couldn't find the address for "Emilio Gonzalez" and "Gerard Heinauer" from Google and Yahoo maps. can any of you fellows confirm if they are correct? Maybe the zip code is wrong? thanks,
Emilio T. Gonzalez, Director
U.S. Citizenship and Immigration Services
Department of Homeland Security
425 Eye Street, NW
Washington, D.C. 20536

Gerard Heinauer, District
Nebraska Service Center
U. S. Citizenship and Immigration Services
850 S. Street
Lincoln, NE 68501

I served USCIS director using Office of the General Counsel address listed in AILF practice advisory (http://www.ailf.org/lac/lac_pa_083005.pdf)

Emilio T. Gonzalez in his Official Capacity as USCIS Director
Office of the General Counsel
U.S. Department of Homeland Security
Washington, DC 20528

As for NE center, I am not sure. SLIS used the above addresses without a problem, so you should be able to use them as well. USCIS site has the same address (may be zipcode is 68508?).
http://www.uscis.gov/portal/site/us...nnel=52a46c854523d010VgnVCM10000048f3d6a1RCRD

I would not bother loking up those addresses in google maps unless you want to serve all of them personally. :)
 
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thanks, lazycis. you are probably right, the zip code for NSC is 68508.

Yeah, as lazycis mentioned, I didn't have any problems with the addresses in my original response. I got all the return slips back.

You can use the ones lazycis provided, of course. Lazycis is certainly more methodical than a lot of us here. :)
 
You've had an interview so you do not really have to proof that you've done
everything possible to resolve your case without a lawsuit (a passage of 120 days since the interview is enough). Do not waste more time for inquiries, You case is very strong (8 USC 1447(b)) and your district is very friendly. You can anticipate a resolution within 2-3 months of filing a lawsuit.

Thanks for the prompt reply, I'm starting to work on it tonight then.

Should I still send the draft of complaint to local CIS and US Attorney with deadline ? 30 days deadline is reasonable ?

thanks,
lena
 
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In Shingala vs Chertoff (Central district of CA), the judge issued a Tentative Order Denying Defendants' MTD.
In the MINUTES of Motion Hearing, it says:
MOTION to Dismiss complaint is argued and taken UNDER SUBMISSION.
Anybody knows what this means exactly?
Does it mean that the judge is going to reconsider MTD?
 
Hi all,

It's just a few days from the deadline that AUSA should response after I filed the 1447b case/summons, but no any action from AUSA. (I called/emailed and no replies either)

What kind of "motion" shall I file if there's no any responses from AUSA by the deadline? Anybody has a good sample doc? What should be my next step? Ask for a court decision since defendant fails to response?

Thanks a lot.
 
In Shingala vs Chertoff (Central district of CA), the judge issued a Tentative Order Denying Defendants' MTD.
In the MINUTES of Motion Hearing, it says:
MOTION to Dismiss complaint is argued and taken UNDER SUBMISSION.
Anybody knows what this means exactly?
Does it mean that the judge is going to reconsider MTD?

I don't think so. My thought is that the attorneys argued in front of the court and that argument was recorded and taken under submission. The Judge has called for a scheduling conference on Aug 13 which is now postponed to Sept 13 on how to take the case forward. The defense would probably suggest remanding the case to USCIS with firm time frames for adjudication. that might be one way to resolve this.
 
Thanks for the prompt reply, I'm starting to work on it tonight then.

Should I still send the draft of complaint to local CIS and US Attorney with deadline ? 30 days deadline is reasonable ?

thanks,
lena

You are welcome.
You can do that, but it is not a required step. 30 days is quite reasonable for that purpose.
lazycis
 
Hi all,

It's just a few days from the deadline that AUSA should response after I filed the 1447b case/summons, but no any action from AUSA. (I called/emailed and no replies either)

What kind of "motion" shall I file if there's no any responses from AUSA by the deadline? Anybody has a good sample doc? What should be my next step? Ask for a court decision since defendant fails to response?

Thanks a lot.

Do not worry, they will respond one way or another. You cannot do much in this situation other that wait for defendants move. If it was not government, you could have moved for default judgment.
 
If you will file by mail, then, yes, send everything by mail to clerk's office and you will get stamped summons back. Do not forget to enclose a check for $350 payable to "Clerk, U.S. District Court". You can also file in person at the clerk office, that way you will receive summons back and will be able to serve the defendants the same day.
Thanks to everyone for the advice. Filed the 8 U.S.C. 1447(b) lawsuit in MD.
Will update the community re the developments.
-------------------------------------------------
N-400 Feb. 2005, FP April 2005
Citizenship Interview passed on 6/24/05, "No decision can be made"
USCIS web site shows last update to my case on 4/30/05
Filed a FOIPA request (May 07), got a "No records" answer, June 07.
 
What is Congress intention regarding USCIS processing times?

See for yourself, search for "immigration backlog" in this document

http://frwebgate.access.gpo.gov/cgi...8&directory=/diska/wais/data/108_cong_reports

H.R. Rep. No. 805, 108th Cong.

On June 17 and 23, 2004, the Subcommittee on Immigration, Border Security, & Claims held an oversight hearing on how the Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), plans to fulfill the President's commitment to reduce the immigration and naturalization petition and application backlog (hereinafter, "application backlog'') to a six-month response time by FY 2006.
The President has targeted a universal six-month processing time standard by FY 2006 for all immigration petitions filed.
Towards this goal he proposed a $500 million initiative to attain this standard and Congress has so far accommodated this initiative.
The Subcommittee examined the experience of family members and business owners suffering because the immigration backlog has prevented legitimate aliens from entering the U.S. or gaining proper status to be with their relatives or work for an American company. The hearing also reviewed the history of the now 6 million petition backlog (as of the end of FY 2003),
USCIS problems in keeping current with the application flow, and several possible solutions to assist in reducing in the backlog.
The petition backlog has had a wide ranging impact on families, business, and security issues in the U.S. Families have had to wait longer to see their loved ones come to the United States while waiting overseas for a petition approval. Even if their family member is in the U.S., and they have been able to extend their immigration status while waiting for a decision on the petition from USCIS, they are essentially in limbo status and unable to make long term decisions. Many family-based applicants feel they are unable to leave the U.S. on business or to visit family overseas until their immigration petition is adjudicated (although humanitarian parole is available, this requires more paperwork added to backlog work).
Businesses have difficulty taking on new employees without knowing whether they will be employed long-term, and yet they feel compelled to do so in the case of some aliens who possess skills otherwise unavailable in the U.S. Large American multinationals have found it increasingly difficult to act efficiently in shutting down offices in international locations, opening others, and moving their international personnel to and from the U.S. to conduct business.
International business partners or potential partners or clients are increasingly frustrated from their inability to fly freely to speak to American counterparts in the U.S. Further, businesses have been unable to timely fill positions with foreign personnel when market demands have required an immediate, if not temporary, increase in certain types of personnel (e.g., the "dot com'' boom). In some cases, these businesses lose competitiveness because of the immigration backlog factor.
 
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Friends, Need your urgent help please !!!!!

Urgent appeal ...

I have an initial conference tomorrow in the court , My lawyer is supposed to attend it but he his going to another state before attending my conference.

My question is, incase he can not make it to the court in time , what are my options , Can I attend the conference representing my self.

This is a Naturalization mandamos lawsuit where the judge asked for conference tomorrow at 11:00 am.

Please help me out....

Thank you
 
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