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

mosamno2, I called the Court and the District Attorney's office. They told me cause none of the defendants replied to the WOM I had no Attorney assigned. I think you have a great idea. I will stop in town to speak with the District Attorney's office :)
 
cregan said:
lazycis, thank you so so much. Your help is so important/worth so much! Questions:
1) what happens if no response after the 10 days?
2) When should I file it, my last defendant's 60 days would be 2/07/09? Should I wait for that day or filed according to when AUSU was served?
3) How do I file the form? Do I drop off at court and should I get anything stamped to show that I did file it?
Thanks :)
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cregan,

1. Violating a court order (contempt of court) is a serious matter. US district attorney can go to jail for that :) So it's not going to happen.
2. Be merciful, file on 2/7. Technically you can file on the 61st day after US district attorney has been served.
3. Make 3 copies of motion + certificate of service (see attached), sign them and give them to court clerk. Clerk will stamp your copy and file the other one. Mail one copy of motion+certificate of service to AUSA. Use 1st class mail, there is no need to use certified mail for this.
 
Denial of I-130

I am facing a delay in processing of my application for green card. Can I use Pro Se package, same way you descirbed to force Federal Court to call me for an interview?









Publicus said:
I have merged Publicus's two threads dealing with his filing and then his results. This thread is a MUST read for folks who are contemplating suing USCIS over Citizenship delays. Great going Publicus - Rahul

Make sure you watch this thread! I am going to update it regularly. This is a thread for all those members who are thinking about or have filed a lawsuit (whether writ of mandamus or petition for naturalization), it comprises valuable information on how to file a lawsuit, and what to do thereafter. Please post your username below and let us know how we can help you.

Don't forget to browse through the pages of this thread as they contain a lot of good links and examples of lawsuits that you can use to educate yourself about the litigation process. It is easy if you know what to do. Remember, if you don't have a lawyer or can't afford one, just file a lawsuit, and keep looking. You never know, the lawsuit may just draw the needed attention, and USCIS may just complete your case, and you won't even have to do anything with your lawsuit except dismissing it.

At the end of my plight with USCIS, when I am a United States Citizen (because it is only a matter of time), I will post a brief on how I did it, what methodology I used, and who I contacted during this amazing long journey. Most of this information is scattered on this thread and around this forum, but in the end I will compress it into this first post. So stay tuned!

The key to success in any endeavor is INFORMATION. Let us share our experiences and let us learn from each other. Remember, "Your silence will not protect you."

I am planning on becoming a U.S. Citizen before the end of 2005. Are you?
I made it on January 9th, 2006. Only nine days away from 2005. Therefore I accomplished the goal I set up for myself. Here is the complete story of my oath ceremony (read this story because it includes important advice regarding the oath ceremony, what to bring with you, and what to expect there):
Part 1: http://boards.immigrationportal.com/showpost.php?p=1333065&postcount=260
Part 2:http://boards.immigrationportal.com/showpost.php?p=1333068&postcount=261


Read how the press documented how people are filing a lawsuit to speed up their naturalization case: http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/

Steps to take to file a lawsuit:

1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.

When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. See below an example of a cover sheet. Make sure you use your district court's cover sheet. You may download it online.

While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID. :)

Since each message only allows a maximum of five attachments, I will later post a cover sheet for Green Card lawsuits. (update:Cover sheet for Green Card is on page 14)

For more information about Civil Lawsuit, refer to the Federal Rules of Civil Procedures (FCRP). They are a great sources for answers on Summons, who to serve, etc...

http://www.law.cornell.edu/rules/frcp/index.html

I just found out that I've reach the maximum number of files I can upload. So see page 8 for the cover sheet example. Thanks. :)
Click to expand...
 
lazycis, thank you :) :)

Ok, one more ... I will keep quiet after I file this, tax season is taking over me pretty quick, lol

The relief section from the complaint - is that my prayer for relief?

Thank you and have a great weekend ;)
 
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cregan said:
lazycis, thank you :) :)

Ok, one more ... I will keep quiet after I file this, tax season is taking over me pretty quick, lol

The relief section from the complaint - is that my prayer for relief?

Thank you and have a great weekend ;)
Click to expand...

You are correct. The easiest way is to copy prayer for relief. You can modify it a bit. Fortunately, there is no punishment if you make a mistake in court filing. Tax return is a different story :)
 
Hi everyone .. I just got back from my second fingerprints appointment .. The person who did them told me they should clear by Monday since today is Friday. He said they usually take 24 hours to process. Let the cout down begin :) .. Again thank you for eveyone who helpend with this .. Cregan, Lazycis, Jefkorn, Mr Vertigo .. thank you all :)
 
lawsuit for aos

Hello All,

I am waiting for gc since 1.5 yrs after filing 485. my pd is current since two months so is the processing date. I mean I fall within the processing timeframe also. Is this a good time to file lawsuit. SR sent standard letter saying do not contact us till 6 months. congressional inquiry is in progress.

I am tired of waiting. Please tell me if this is enough to start? I wrote a letter to ombudsman also and I am waiting for their response as well. What else can I do? My finger prints might have expired...

Looks like uscis works only after they receive lawsuit. This is unbelievable.

:mad:
 
gc_retrogress said:
Hello All,

I am waiting for gc since 1.5 yrs after filing 485. my pd is current since two months so is the processing date. I mean I fall within the processing timeframe also. Is this a good time to file lawsuit. SR sent standard letter saying do not contact us till 6 months. congressional inquiry is in progress.

I am tired of waiting. Please tell me if this is enough to start? I wrote a letter to ombudsman also and I am waiting for their response as well. What else can I do? My finger prints might have expired...
Click to expand...

Start working on the lawsuit template, in the meantime wait for responses to your inquires. DO not wait too long, file as soon as the complaint is ready, include the responses you have.
 
lazycis, lol. Thank you :)

mustafa34kc, awesome. Start bugging them and speak with 2nd lv IO. When I had my FPs I called so often that when I was transferred they would recognize my voice and take notes of names. Hope it goes well.

gc_retrogress, lazycis has been so much of help though my process :) yep, start working on your WOM
 
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Hello everybody, I've been reading this thread (the whole thing) for the last 4 days ...... I'm sooooo excited I found you guys.

My particular situation:

1) Married to USC on 12/2000
2) Applied for 1-130 04/2001
3) I-130 approved 04/2004
4) Applied for I-485 04/27/2004
5) FP 06/29/2004
6) Interview 12/12/2005
7) FP (again) 12/27/2005
8) FP (again) 03/11/2008

During all these years I've been renewing my EAD with no problems, I even got Advance parole to see my sick mother (75 years triple bypass surgery 06/2007) with no problem @ entry.

Several infopass , several calls on the last 3 years to the USCSI and got the same BS response "Case delayed ...background investigation remains open....blah blah blah"

Called the FBI on 12/2008 and was able to verify that there is no matches against my name there.

My case is pending @ NBC, and just 2 weeks ago I moved from NYC to Naples, FL.

I already filed change of address AR-11

Just this past week I wrote to the USCSI Ombudsman, US senator Mel Martinez (FL) and to the First Lady Michelle Obama.
I Also filed FOIP with the FBI and the USCSI

I'm so ready to file WOM but I would like to know your input on the following questions:

1) How long would take to the USCSI to move my case or files from NYC or NBC to Florida?

2) Should I wait until I get responses from Ombudsman, Senator, First Lady and FOIP?

3) Should I wait until I'm certain my case is here in FL to file WOM?

Thank you in advance for your help.
 
cregan said:
lazycis, lol. Thank you :)

mustafa34kc, awesome. Start bugging them and speak with 2nd lv IO. When I had my FPs I called so often that when I was transferred they would recognize my voice and take notes of names. Hope it goes well.

gc_retrogress, lazycis has been so much of help though my process :) yep, start working on your WOM
Click to expand...


Cregan .. I will start my calling campaign on Wednesday ..hopefully by then, they will have something in the system .. I am also thinking about doing an Infopass on Friday.. According to the AUSA filing on my case, they will have a response by 02/06..Thats just around the corner ....
 
calibull said:
Hello everybody, I've been reading this thread (the whole thing) for the last 4 days ...... I'm sooooo excited I found you guys.

My particular situation:

1) Married to USC on 12/2000
2) Applied for 1-130 04/2001
3) I-130 approved 04/2004
4) Applied for I-485 04/27/2004
5) FP 06/29/2004
6) Interview 12/12/2005
7) FP (again) 12/27/2005
8) FP (again) 03/11/2008

During all these years I've been renewing my EAD with no problems, I even got Advance parole to see my sick mother (75 years triple bypass surgery 06/2007) with no problem @ entry.

Several infopass , several calls on the last 3 years to the USCSI and got the same BS response "Case delayed ...background investigation remains open....blah blah blah"

Called the FBI on 12/2008 and was able to verify that there is no matches against my name there.

My case is pending @ NBC, and just 2 weeks ago I moved from NYC to Naples, FL.

I already filed change of address AR-11

Just this past week I wrote to the USCSI Ombudsman, US senator Mel Martinez (FL) and to the First Lady Michelle Obama.
I Also filed FOIP with the FBI and the USCSI

I'm so ready to file WOM but I would like to know your input on the following questions:

1) How long would take to the USCSI to move my case or files from NYC or NBC to Florida?

2) Should I wait until I get responses from Ombudsman, Senator, First Lady and FOIP?

3) Should I wait until I'm certain my case is here in FL to file WOM?

Thank you in advance for your help.
Click to expand...

You should've filed WOM long time ago. I mean, all those EAD extensions add up...
As for your questions, here are the answers:
1) I do not know, USCIS is not predictable regarding times. Do not worry about it.
2) If this is the first time you wrote them, wait for at least one response from any of them.
3) Definitely no. File ASAP and become a green card holder within 1-2 months of filing.
 
Lazycis

Thanks a Million, for your opinion, Def. I'll wait for one response and I'll get busy with USCIS.

I'll post once I'm ready.

You should've filed WOM long time ago. I mean, all those EAD extensions add up...
As for your questions, here are the answers:
1) I do not know, USCIS is not predictable regarding times. Do not worry about it.
2) If this is the first time you wrote them, wait for at least one response from any of them.
3) Definitely no. File ASAP and become a green card holder within 1-2 months of filing.
 
Hi everyone .. I called the FBI today and they told me my fingerprints was processed and returned back to USCIS on the same day I did them which was last Friday .. I guess they are putting a rush order on mine .. wishful thinking ;-) .. I am going to call USCIS tomorrow to see if they have an interview date set up for me. Cregan.. what was the time period between when you did your fingerprints and called USCIS to find out about your interview date ?
 
mustafa34kc, I had them done 12/16. I called immediately next day and would talk with IO. They seemed to feel bad for me and they would recognized when I call. I don't know if it was bugging them, but my FP were a Tuesday and they scheduled the Friday afternoon.

When I went to our Infopass, the IO that scheduled me remembered me ;)
 
cregan said:
mustafa34kc, I had them done 12/16. I called immediately next day and would talk with IO. They seemed to feel bad for me and they would recognized when I call. I don't know if it was bugging them, but my FP were a Tuesday and they scheduled the Friday afternoon.

When I went to our Infopass, the IO that scheduled me remembered me ;)
Click to expand...

The Infopass officer here is the same person and I am pretty sure he is tired of me by now. I think I am going to schedule one for Friday. That will give them a week to get their act together. I will call tomorrow for sure. Thank you for the quick response .. are you getting ready for your interview ? its just around the corner :)
 
mustafa34kc, Im ready ... I have accumulated so much papers. I have 2 binders of documents, 1 for our lifes and 1 for my history with USCIS. I'm not nervous for the test (not too much) I'm just more nervous of being stuck again. I think I'm as nervous as when I took my professinal exam, which it is up there in stress-land lol
 
cregan said:
mustafa34kc, Im ready ... I have accumulated so much papers. I have 2 binders of documents, 1 for our lifes and 1 for my history with USCIS. I'm not nervous for the test (not too much) I'm just more nervous of being stuck again. I think I'm as nervous as when I took my professinal exam, which it is up there in stress-land lol
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I understand for sure .. I am just worried about the other stuff beside the civic tests.. you know it depends on the mood of the IO officer that day too. I am worried about being stuck again. I am getting married overseas in July and I would like to get everything done by then..
 
Is this a good sign?

My lawyer told me TSC informed that they are going to send another finger print notice since my FP is almost 3 years old!. Is this a good sign? :(
 
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