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

Filing 1447(B)

Guys,

I filed for N-400 in 12/2003, passed interview in 5/2006 (yup!! 3 yrs later), and been waiting to get my NC cleared since 2004. I've decided to file 1447(b) Pro Se. I've been following this forum pretty closely lately; however, I had a few basic questions to start with.

~Do I have to show all the receipts/letters which were sent to senator, first lady, FBI etc showing that I've exhausted all the efforts before filing a lawsuit(EXHIBITS)?
~Do I need to send "warning" letters to FBI, USCIS indicating my intentions to file a lawsuit against them? I really dont want to wait any longer to wait for their reply - since I've already wasted ENOUGH time.
~Or I guess I can send them the letters while I prepare and file my complaint right?
~Also, does any one have any info. on filing in Eastern District of TENNESSEE? any 1447(b) filers in this district?
~Lastly, if we're filing ProSe, is it better to "request for appointment of counsel" from court? - wouldnt everyone do it this way then???

LAZYCIS,

I was reading some posts between u and futurecitizen and got a little confused between USAG and US attorney. I guess US district attorney represents the defendents - all including USAG, USCIS, FBI etc right? How do I go about finding the USCIS district director and US district attorney? I tried google searching and on USCIS website to locate a district director to be put as defendant, but didn't find one (I must not be looking at the right place). Should I simply put Texas Service Center's director?

btw..u're doing a great job by helping out "illiterate" people like me ;)

Many thanks in advance,

~Ashlie23
 
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lazycis said:
Pengdi,
There is no point arguing that. Sometimes you can agree with AUSA. It's OK to dismiss your wife's claim against FBI but you should not give up more that that. Her claim against the USCIS remains standing.
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Lazycis,

Thank you for your suggestion.

Pengdi
 
ashlie23 said:
Guys,

I filed for N-400 in 12/2003, passed interview in 5/2006 (yup!! 3 yrs later), and been waiting to get my NC cleared since 2004. I've decided to file 1447(b) Pro Se. I've been following this forum pretty closely lately; however, I had a few basic questions to start with.

~Do I have to show all the receipts/letters which were sent to senator, first lady, FBI etc showing that I've exhausted all the efforts before filing a lawsuit(EXHIBITS)?
Click to expand...

Not necessary, but useful. To file 1447b all you need to show is that you filed N400, had an interview and that 180 days has passed after the interview.

~Do I need to send "warning" letters to FBI, USCIS indicating my intentions to file a lawsuit against them? I really dont want to wait any longer to wait for their reply - since I've already wasted ENOUGH time.
Click to expand...
No, it will be another waste of time
~Or I guess I can send them the letters while I prepare and file my complaint right?
Click to expand...
Forget about it, concentrate on preparing a complaint.
Use this page as a starting point:
http://en.wikibooks.org/wiki/FBI_name_check
It has a sample complaint in word for 1447b and other useful info, including how to find a name/address for US Attorney in your district

~Also, does any one have any info. on filing in Eastern District of TENNESSEE? any 1447(b) filers in this district?
Click to expand...
Check this link, may be some of the cases is what you are looking for:
http://dockets.justia.com/search?qu...ar=2004&max-day=11&max-month=12&max-year=2007

~Lastly, if we're filing ProSe, is it better to "request for appointment of counsel" from court? - wouldnt everyone do it this way then???
Click to expand...
You cannot do that being a plaintiff in a civil case. It applies to defendants in criminal cases.

I was reading some posts between u and futurecitizen and got a little confused between USAG and US attorney. I guess US district attorney represents the defendents - all including USAG, USCIS, FBI etc right?
Click to expand...
US AG is the chief of all US Attorneys. They all belong to the US Department of Justice. US district attorney does represent all the defendants in government cases.

How do I go about finding the USCIS district director and US district attorney? I tried google searching and on USCIS website to locate a district director to be put as defendant, but didn't find one (I must not be looking at the right place). Should I simply put Texas Service Center's director?
Click to expand...
Use this link to locate your district office
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

Here is the list of Directors
http://www.uslawnet.com/Englishhome/News/messages/123.htm

Many thanks in advance,
Click to expand...
U r welcome.
 
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Progress on my Case: case management conference

The court sent a notice about a case management conference, which will be held two days later in the courtroom, together with the AUSA and the judge. I am required to appear in person (since I don't have a lawyer). My questions are:

1) Could any one advise me on what I should prepare for this meeting? How important this conference is? AUSA had contacted me and produced a joint case management statement and submitted to the court last week.
2) Should I talk about MSJ during this conference?
3) what would be next after this conference?

Thanks so much for your help.


AGC4ME said:
1) You are right the answer is not MTD. You do not have to do anything to their answer. There is no such thing as an answer to answer. You filed a complaint and they filed an answer.
2) It usually is a phone conference. Check with the Judge's clerk.
3) Always be proactive. The AUSA has no interest in your case unless you call and pester. So on Monday give the AUSA a call and tell her how you want to proceed. Use the request for documents template that lazycis has posted and tell the AUSA that you want to do discovery. If the AUSA cooperates fine if not then ask him/her how they want to proceed.
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case reporter id to case number

Can someone please explain the process of converting a quoted case(legalese) to case number(locatable in PACER)
example:
I need to locate the following case in PACER:
Singh v. Still, 470 F. Supp. 2d 1064, 7 1066 (N.D.Ca., 2007).
Using Justia, I see many cases where Singh is a party.

My apologies if this question has already been answered.
Please redirect me to the previous link :)

For some reason, I can still download pdf's from case dockets in PACER.
I want to download a few more actual MTD,MTD_response and MSJ before the new law(public access to records) affects my account.
 
finally naturalized...

Dear friends,
I am pleased to share this news with you that finally, I became a U.S. citizen last week. The oath ceremony was in Los Angeles District Court. It was a 3 year long journey of patience and suffering. After about 11 months and 3 days of filing my WOM case, I saw the results. I am 100% sure that if I had not filed the WOM, it would have taken another God knows how many years before I could be naturalized. There were times when I felt things were hopeless, but visiting this forum changed my mind and I became determined that I would go all the way to the Appeals court if AUSA filed MTD and if it was granted. AUSA had informed me that he would file MTD in early July, but then he never filed one as things seemed to be moving in my case. I signed four extensions with the AUSA. I was interviewed on Oct 24 and scheduled for Oath ceremony on Dec 6. The Oath Ceremony was at 12:30p.m. I was out of there by 1:45p.m. with the naturalization certificate in my hand.

I wish I never have to deal with USCIS again, but ironically I have to. Now I am preparing to file AOS for my wife as a spouse of a U.S. citizen. Is there a forum from which I can get info on filing I-485? I have filled out I-485 (AOS), I-864(Affidavit of Support), I-765(Employment Authorization), I-131(Advance Parole) for my wife. I will attach a copy of I-130 Receipt Notice and my Naturalization cert. Does anyone know if I should also send I-693 (Medical Examination) along with all of the above? Or do they ask for it later?

For those of you WOMERs who are still waiting for your GC or citizenship, I have one thing to say. Just don’t give up, and you will get what you want.

I have some example case info on N-400 No Interview Cases, I will post whatever I have sometime in the next few days.
 
Cut-and-paste from other cases

Lazycis,others:
If I cut-and-paste (well-written) paragraphs from a existing WOM case that was drafted by a lawfirm, Can they(the law-firm) in future slap a lawsuit on me for plagiarism ?
ie..similar to a music copyright infringement ?

wommei said:
"in ¶ 23 in Complaint" -- that looks like a "q" with a dirty face?
"at *2 (N.D. Ill. May 18, 1998) "-- what is *2?
"Id. at *4. "-- what does "Id." mean?
" U.S. Dist. LEXIS"--that LEXIS make me wonder if it is a name for some kind of car?

Or is there some website that I could use to find out what these symbols are?

I read a really good opposition to MTD and it has a list of exhibits. IN the exhibits, it lists something like "Dong v. Chertoff, No. C07-0266 SBA, 2007WL 2601107 (N.D. Cal., September 6,2007)". If I want to use the same exhibit, do I include the court order only, or I need to include everything like complaint and MTD, OMTD... If I want to list Ombudsman's report, can I only list the pages that I cited in the Opposition to MTD?

I will probably use a template ( I got an Opposition to MTD from the same district, a very good one) and make some minor changes on it. It won't be considered as a plagiarism by court, right?
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AR11 & temporary move & lawsuit

I am filing a lawsuit soon. But I just found out that I put temporary move on AR11 and put 1 year. Does this actually affect anything with lawsuit?

I moved 5 months ago and most of things are under my new address and I dont think i will be moving away anywhere within one year..


thanks
 
wom_ri said:
Lazycis,others:
If I cut-and-paste (well-written) paragraphs from a existing WOM case that was drafted by a lawfirm, Can they(the law-firm) in future slap a lawsuit on me for plagiarism ?
ie..similar to a music copyright infringement ?
Click to expand...

No don't worry about it. You just thought of the same string of characters to be typed....
 
Yeah ! India EB2 royally got ----wed

AGC4ME said:
Did you guys see the visa bulletin for Jan 2008. Atrocious. Man thanks to WoM I scraped through.
Click to expand...

Yes, i saw it. India EB2 retrogressed to Jan 2000 ! Now i am thinking of my friend ( India EB2 PD 2005 ) who got his GC Aug 2007 because of USCIS July fiasco, how lucky he was !.
 
paz1960, lazycis, and other expert fellows:

I received my oath ceremony invitation letter. What should I do if the AUSA ask me to withdraw the case? should I do it with prejudice or without? What coarse of action I would have in eithe case? Could you please explain. I'm both so happy. Thanks.

parsfalcon
 
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