Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Lazycis, yesterday I received a notice from court clerk!! Its initial scheduling conference set before judge on 04/17/2009. I hasten to add that I didn't reply to MTD filed by AUSA as of todate.
Will it still be okay to file First amended complaint? Will this amended complaint follow the same format as the original one, e.g, venue, casue of action, injury to plaintiff, ground for relief, prayer for relief? Or just a paragraph detailing recent event and then seek relief will suffice?
Will it still be okay to file First amended complaint? Will this amended complaint follow the same format as the original one, e.g, venue, casue of action, injury to plaintiff, ground for relief, prayer for relief? Or just a paragraph detailing recent event and then seek relief will suffice?
mustafa34kc
Registered Users (C)
Welcome back Jefkorn ...its good to have you back and thanks for your help as well .. I just got back from overseas myself ..I had to get fingerprinted and photographed for the first time going through the immigration line.. They only took booth index finger's prints and the picture. I did go through the U.S. citizens line though which was nice.. hopefully, next time I go overseas it will be holding my US passport .. I can not wait for that day
Amended complaint has the same format. Add recent events and modify prayer for relief. A certificate of service has to be included when filing amended complaint.
Welcome back! I need to take a break from time to time as well so I started to worry that there will be no backup
Amended Complaint replaces the original complaint and the main difference in formatting is the title in addition to new changes. It should say First Amended Complaint. Rest you want everything from the original complaint (if it's relevant) plus the latest developments/changes. See this post for a sample amended complaint and posts that follow for related discussion.
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Did you ask for physical plastic card in the prayer? I think this should be standard in all Complaints for GC going forward. The issues of delayed card production come up one way or the other so it would be an insurance against such delays. Besides it will give plaintiff peace of mind knowing that he doesn't have to dismiss the Complaint just because he has received the approval and not the actual card yet.
Hello All!
Hi lazycis and all others!!
It has been a long time that I didn't come on this forum. Hope everything is good here. Last year, FBI cleared many Name checks. But it is sad that people still need to sue USCIS. Anyway, I am back now and i will be coming to this forum once or twice a week. Anyone, if anyone needs my help, plz PM me. Lazycis, is Paz1960 still coming or is he gone?? how about other guys like wenlock. I am really glad to see that you are still helping people. Could you tell me what happened to your case. You filed an appeal, so what happend, then???
And those of you who don't know me, I actually had a N-400 case and I sued USCIS with the help of this forum about two years ago and got the citizenship. This forum is amazing!! Good luck to all!!!
Hi lazycis and all others!!
It has been a long time that I didn't come on this forum. Hope everything is good here. Last year, FBI cleared many Name checks. But it is sad that people still need to sue USCIS. Anyway, I am back now and i will be coming to this forum once or twice a week. Anyone, if anyone needs my help, plz PM me. Lazycis, is Paz1960 still coming or is he gone?? how about other guys like wenlock. I am really glad to see that you are still helping people. Could you tell me what happened to your case. You filed an appeal, so what happend, then???
And those of you who don't know me, I actually had a N-400 case and I sued USCIS with the help of this forum about two years ago and got the citizenship. This forum is amazing!! Good luck to all!!!
Jefkorn, nice to see you back!! I didn't ask for physical card in the original prayer. I should have as the AUSA filed MTD based on the "approval" letter from USCIS Boston. But I'll change the relief as advised by Lazycis. I had inlcuded long list of exhibit in the original but after the approval I believe these are not that relevant.
Hey Dude,
It's nice to see you again!
I haven't seen Paz and wenlock in a while. I was in touch with Paz behind the scenes as well, but not recently. Have tons of respect for him.
During latest stages of my appeal I managed to get help from AILA. They filed a brief in support of my position. The next day my I-485 was approved. I had to drop the appeal... Anyway, I do believe that our efforts resulted in famous Feb 08 memo implementing 180 day name check rule.
hereismygc
Registered Users (C)
Wom -&- uscis
guess what; after my summons got served on 9th of Feb, they printed notice for my 2nd FP;; before that I was asking this for last 5 months these USCIS were telling me it is in queue, waiting for document etc.. etc.. now right after WOM summon served they started working; I don't want to bad mouth, but I'm happy atleast now they are working on my case; will update more when my WOM and case proceeds..
My 2nd FP date is 02/24/09 and hopefully will get my GC by March sometime..
guess what; after my summons got served on 9th of Feb, they printed notice for my 2nd FP;; before that I was asking this for last 5 months these USCIS were telling me it is in queue, waiting for document etc.. etc.. now right after WOM summon served they started working; I don't want to bad mouth, but I'm happy atleast now they are working on my case; will update more when my WOM and case proceeds..
My 2nd FP date is 02/24/09 and hopefully will get my GC by March sometime..
I am going to Chicago Northen district court to file my WOM tomorrow(Friday,02/20/2009). I have my complaint signed by My husband, me and my daugter. I made 8 copies of it. I have onecover sheet, it seems No signiture needed from us. I made 5 Summons for 5 defendants. Again NO signuture need here either. I will $350 in cash with me. Then what else needed for tomorrow?
Another question: since my daughter is one of the Plaintiffs, should she be there if court ask us to present? She is now junior in high school, is very busy with her class. better not to go to court, right?
Another question: since my daughter is one of the Plaintiffs, should she be there if court ask us to present? She is now junior in high school, is very busy with her class. better not to go to court, right?
watertown,
Add (between 23 and 24) that on such and such date you filed the original complain with the district court seeking a court order requiring defendants to act upon your I-485 within a reasonable time.
Add that AUSA filed MTD on such and such date.
In grounds for relief add that "APA §706(1) allows a court to compel agency action unlawfully withheld, or unreasonably delayed".
Add (between 23 and 24) that on such and such date you filed the original complain with the district court seeking a court order requiring defendants to act upon your I-485 within a reasonable time.
Add that AUSA filed MTD on such and such date.
In grounds for relief add that "APA §706(1) allows a court to compel agency action unlawfully withheld, or unreasonably delayed".
You do need to sign and date the cover sheet (at the bottom there is "signature of attorney on record").
No need for the minor to sign any docs, you can legally represent your minor child. Ditto for court hearings (I do not expect any). You will need ID (or two) to get into the court building. Have a pen, white out, stapler and blank sheets of paper just in case.
I have doubts that they accept cash, prepare a check written to "Clerk, US District Court".
Many thanks. By the way, what does it mean of "Ditto for court hearing"?
I meant that a minor does not have to go to court hearings.
http://dictionary.reference.com/browse/ditto
Other than what lazycis said, the complaint looks good. By the way President Bush is former President now Good luck
Good luck