I did my second FP (scheduled by USCIS) on Dec. 26, 2006.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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I did my second FP (scheduled by USCIS) on Dec. 26, 2006.
Whom should I send the "official complaint letter and intent to sue" to?
Lazycis and others, all your postings on this forum have been extremely helpful to me in the past. I’m hoping to know your thoughts on the question below:
Background:
My 485 case is pending for over two years due to delay of FBI name check. In the past two years, I had contacted USCIS (Infopass and #800-), senators in my district, congressman in my district, President Bush’s office, first lady’s office, FBI(FOIPA, e-mail, and mail to Hooton, Hardy, Cannon, Muller). I lately also filled the 7001 form and sent it (with explanation of my case) to USCIS Ombudsman.
I’ve been preparing for a Pro Se lawsuit. The people listed in my draft compliant include:
A. Michael Chertoff, Secretary of the U. S. Department of Homeland Security
B. Emilio T. Gonzalez, Director, USCIS
C. Ruth A Dorochoff, Chicago District Director, USCIS
D. Michael B. Mukasey, Attorney General, U. S. Department of Justice
E. Robert S. Mueller, III, Director of Federal Bureau of Investigation (FBI)
I think I should wait for at least a month after sending my form 7001 to the Ombudsman before filing my lawsuit. I thought I could send my notice of intent to sue now since that would need a month of waiting as well.
I'm now ready to send the “Official Complaint of FBI Name Check Delay and Notice of Intent to Sue” to appropriate parties.
Question: Whom should I send this letter to?
My thought is:
· To Patrick Fitzgerald, U.S. Attorney in Chicago District;
· To Ruth A Dorochoff, Chicago District Director, USCIS;
· To Office of the General Counsel, USDHS ( is Special Litigation Counsel, Robin M. Stutman the right person to send to??? If not, who is the right person?);
Is there anyone else I should send the letter to? Should I send it to each of the A, B, C, D and E listed above? Should I send it to the USCIS Ombudsman?
Your answer would be highly appreciated. Thank you!
Lazycis and others, all your postings on this forum have been extremely helpful to me in the past. I’m hoping to know your thoughts on the question below:
Background:
My 485 case is pending for over two years due to delay of FBI name check. In the past two years, I had contacted USCIS (Infopass and #800-), senators in my district, congressman in my district, President Bush’s office, first lady’s office, FBI(FOIPA, e-mail, and mail to Hooton, Hardy, Cannon, Muller). I lately also filled the 7001 form and sent it (with explanation of my case) to USCIS Ombudsman.
I’ve been preparing for a Pro Se lawsuit. The people listed in my draft compliant include:
A. Michael Chertoff, Secretary of the U. S. Department of Homeland Security
B. Emilio T. Gonzalez, Director, USCIS
C. Ruth A Dorochoff, Chicago District Director, USCIS
D. Michael B. Mukasey, Attorney General, U. S. Department of Justice
E. Robert S. Mueller, III, Director of Federal Bureau of Investigation (FBI)
I think I should wait for at least a month after sending my form 7001 to the Ombudsman before filing my lawsuit. I thought I could send my notice of intent to sue now since that would need a month of waiting as well.
I'm now ready to send the “Official Complaint of FBI Name Check Delay and Notice of Intent to Sue” to appropriate parties.
Question: Whom should I send this letter to?
My thought is:
· To Patrick Fitzgerald, U.S. Attorney in Chicago District;
· To Ruth A Dorochoff, Chicago District Director, USCIS;
· To Office of the General Counsel, USDHS ( is Special Litigation Counsel, Robin M. Stutman the right person to send to??? If not, who is the right person?);
Is there anyone else I should send the letter to? Should I send it to each of the A, B, C, D and E listed above? Should I send it to the USCIS Ombudsman?
Your answer would be highly appreciated. Thank you!
I would send it to Patrick Fitzgerald, U.S. Attorney in Chicago District;
and Ruth A Dorochoff, Chicago District Director, USCIS.
Even though the step is not necessary, it's good to do it if you have to kill some time. There is no sense in sending it to many people because nobody will read it anyway. But it will be a good evidence to add to your complaint.
Keep in mind though that the turnaround for Ombudsman inquiry is about 3 months.
and Ruth A Dorochoff, Chicago District Director, USCIS.
Even though the step is not necessary, it's good to do it if you have to kill some time. There is no sense in sending it to many people because nobody will read it anyway. But it will be a good evidence to add to your complaint.
Keep in mind though that the turnaround for Ombudsman inquiry is about 3 months.
turnaround for Ombudsman inquiry
Thank you lazycis, I will send it to Fitzgerald and Dorochoff as you instructed.
“Keep in mind though that the turnaround for Ombudsman inquiry is about 3 months.”
Would you highly recommend to not sue until the 3 months mark from Ombudsman inquiry?
Did you hear any case that Ombudsman helped to expedite the name check? Don’t know whether it would be treated just like the warnings that “nobody will read it anyway, …good evidence to add to your complaint”
Thanks in advance!
Thank you lazycis, I will send it to Fitzgerald and Dorochoff as you instructed.
“Keep in mind though that the turnaround for Ombudsman inquiry is about 3 months.”
Would you highly recommend to not sue until the 3 months mark from Ombudsman inquiry?
Did you hear any case that Ombudsman helped to expedite the name check? Don’t know whether it would be treated just like the warnings that “nobody will read it anyway, …good evidence to add to your complaint”
Thanks in advance!
i did the same.. just take the letter and go... they wont ask u anything.. and if they did.. show them their mistake... u will be fine
my application was approved 3 days after my 2nd FP were taken
I would not wait for a response from Ombudsman. He usually cannot request expedite from the USCIS/FBI. He initiates inquiry with the USCIS and the USCIS responds to you directly. But I would not hold my breath over it.
I did hear about a case where Ombudsman inquiry seemingly helped but you never know for sure with those guys.
AILF filed a brief on 11/15 to support my position. I do not have a copy of it yet. Rest assured, it will be added as another document of interest as soon as I get it
Great going lazycis. You have all the cannons. Your approval is around the corner.
Sorry to repeat my question, probably it was slow weekend an no one (in knowing) noticed
Anyone had experieance with Alternative Dispute Resolution (ADR) Multi-option program? My case was assigned to this program.
Seems like it default practice in NorCal District (San Jose).
Thanks.
Anyone had experieance with Alternative Dispute Resolution (ADR) Multi-option program? My case was assigned to this program.
Seems like it default practice in NorCal District (San Jose).
Thanks.
TLongTLong
Registered Users (C)
AILF filed a brief on 11/15 to support my position. I do not have a copy of it yet. Rest assured, it will be added as another document of interest as soon as I get it
Great job lazycis! Can't wait to read the brief you mentioned. I see from PACER that my brief has been filed. The appellee's response is due to Dec.
10th. I wonder how I may strengthen my case, like the help you got from AILF? You paid them for all the wrtings they did for your case? Sure I don't want to pay several thousands for that. Or overwise I would have heired a lawyer. Can you give some hints on this? Thanks!
Best wishes on your case!
If you are from retrogressed country then include the frigging Department of State as a defendant.
TLong,
AILF worked hard to convince me I should allow them to file amicus brief in my case Seriously, I did not wanted them to participate when I found out that it would add another month or two to the process. Thanks to AGC4Me who was able to calm me down.
AILF was interested because, naturally, they represent immigration lawyers. They also want to win two other appeals (2nd and 11th circuit). My case has the most advanced schedule and more likely will be decided first.
You can contact AILF and find out if they are interested, even though it should be an easy victory for you because your circuit court cannot ignore its own decisions in Iddir, Ahmed and so on.
AILF worked hard to convince me I should allow them to file amicus brief in my case
Seriously, I did not wanted them to participate when I found out that it would add another month or two to the process. Thanks to AGC4Me who was able to calm me down.AILF was interested because, naturally, they represent immigration lawyers. They also want to win two other appeals (2nd and 11th circuit). My case has the most advanced schedule and more likely will be decided first.
You can contact AILF and find out if they are interested, even though it should be an easy victory for you because your circuit court cannot ignore its own decisions in Iddir, Ahmed and so on.
TLongTLong
Registered Users (C)
TLong,
AILF worked hard to convince me I should allow them to file amicus brief in my case
AILF was interested because, naturally, they represent immigration lawyers. They also want to win two other appeals (2nd and 11th circuit). My case has the most advanced schedule and more likely will be decided first.
You can contact AILF and find out if they are interested, even though it should be an easy victory for you because your circuit court cannot ignore its own decisions in Iddir, Ahmed and so on.
Thanks lazycis! I got it. I will just wait and see then
.defendants second motion for enlargement of time
Lazycis and others, all your postings on this forum have been extremely helpful to me in the past. I’m hoping to know your thoughts on the question below:
I filed wom on Sept 29,2007
I filed 1st amended complaint on Oct 19th
AUSA filed motion for enlargement of time asking for time upto Dec 10.
I filed a second amended complaint(added job offer exhibits which required GC,
alleged that USCIS is using RFE injudiciously to justify delay in my GC process & putting my life on hold by giving <1month to respond to the frivolous RFE.
Do I need AUSA consent to file second amended complaint ?
Now AUSA wants to file second motion for enlargement of time with the following content( Should I agree to this ? )
Now come the defendants, Michael Chertoff, Secretary of Department of Homeland
Security, et al., by and through their attorneys, and move that the time for filing defendants’
Answer, or other responsive pleading, be enlarged up to and including December 24, 2007. As
grounds for this motion, defendants state that on November 19, 2007, plaintiff filed his Second
Amended Complaint in this action. Defendants consent to this amendment, but require an
additional two weeks in which to answer or otherwise respond.
Plaintiff assents to this Motion.
Lazycis and others, all your postings on this forum have been extremely helpful to me in the past. I’m hoping to know your thoughts on the question below:
I filed wom on Sept 29,2007
I filed 1st amended complaint on Oct 19th
AUSA filed motion for enlargement of time asking for time upto Dec 10.
I filed a second amended complaint(added job offer exhibits which required GC,
alleged that USCIS is using RFE injudiciously to justify delay in my GC process & putting my life on hold by giving <1month to respond to the frivolous RFE.
Do I need AUSA consent to file second amended complaint ?
Now AUSA wants to file second motion for enlargement of time with the following content( Should I agree to this ? )
Now come the defendants, Michael Chertoff, Secretary of Department of Homeland
Security, et al., by and through their attorneys, and move that the time for filing defendants’
Answer, or other responsive pleading, be enlarged up to and including December 24, 2007. As
grounds for this motion, defendants state that on November 19, 2007, plaintiff filed his Second
Amended Complaint in this action. Defendants consent to this amendment, but require an
additional two weeks in which to answer or otherwise respond.
Plaintiff assents to this Motion.
patricia_432
Registered Users (C)
Lazycis and other friends,
I filed I-485 based WOM on 10/31/2007. Today checked my case on Pacer, found the following ORDER,
Docket Text: STANDING ORDER RE FINAL PRE-TRIAL CONFERENCE FOR CIVIL JURY TRIALS BEFORE JUDGE (JUDGE NAME HERE): (1) You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (2) At least twenty-one )21) days prior to the Final Pre-Trial Conference (henceforth FPTC), counsel for each party and pro per litigants must have prepared and exchanged with each other the following documents. (See order for further details). (shb)
What is it talking about, could you interpret it?
I'm planning to file an amended complaint tomorrow. I want to add a couple of sample cases from the same District Court, and fix some formate mistakes. The case history log shows they do understand what I'm pursuing. Is the Amended Complaint necessary? Thank you for your attention.
I filed I-485 based WOM on 10/31/2007. Today checked my case on Pacer, found the following ORDER,
Docket Text: STANDING ORDER RE FINAL PRE-TRIAL CONFERENCE FOR CIVIL JURY TRIALS BEFORE JUDGE (JUDGE NAME HERE): (1) You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (2) At least twenty-one )21) days prior to the Final Pre-Trial Conference (henceforth FPTC), counsel for each party and pro per litigants must have prepared and exchanged with each other the following documents. (See order for further details). (shb)
What is it talking about, could you interpret it?
I'm planning to file an amended complaint tomorrow. I want to add a couple of sample cases from the same District Court, and fix some formate mistakes. The case history log shows they do understand what I'm pursuing. Is the Amended Complaint necessary? Thank you for your attention.
Last edited by a moderator:
Patricia,
It's not necessary to amend complaint just to fix formatting and add supporting cases. You can cite all cases you want when you reply to MTD or file MSJ. As for the notice in PACER, follow the recommendation and read those local rules. Every court has different rules so it is difficult to advise on this. Anyway, do not worry too much about it, AUSA should contact you to discuss pre-trial conference.
It's not necessary to amend complaint just to fix formatting and add supporting cases. You can cite all cases you want when you reply to MTD or file MSJ. As for the notice in PACER, follow the recommendation and read those local rules. Every court has different rules so it is difficult to advise on this. Anyway, do not worry too much about it, AUSA should contact you to discuss pre-trial conference.