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

lazycis said:
It's better to write to the President or VP. I never received an answer when I wrote to FBI directly.
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I received a letter from the ombudsman office two days ago stating an official inquiry was sent to USCIS on my behalf and I should receive an answer within 45 days. Could you please elaborate if you encountered with this situation in the past.
 
Thanks jefkorn, this one helped.


jefkorn said:
Let me see if I can help. The title of a case looks something like this "John Doe v. Chertoff et al.". This means there's a case filed in a district court against Chertoff and others (others include all other defendants listed on the original complaint). Now you need to send Summons (technically called serving them) individually. So in the To section you can write the name of the person you are serving and rest will stay the same on the summons form.
You don't necessarily need green confirmation card back after the delivery. Most often courts accept the print out of online USPS delivery confirmation but you will have to check with your court if that's acceptable.
When you file proof of service with court, you can combine all of them into one document or use the original summons with each defendant's delivery details on the back. There are sample forms on the this thread that you can use to help you. I will see if I can find them or if anyone else can find them, please post the link.
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I had my citizenship interiview on the second week of December, 2008 and was told by the USCIS officer that a decision will be made in two weeks. I have not heard from them ever since, even though my lawyer sent them two letters back in February and then on April 1. I believe I just crossed the 120 day waiting mark before taking any other steps.
Can anyone please advise my options? I am in the Detroit, MI area.
Thank you.
ZS1
 
Hi lazcis/ ALL

I filed WOM in this morning and submitted a copy US Attorney office by hand and defendents by USPS.

Working on TRO as separately.

Is there any way to send WOM sammans by FAX to Secretary and directors( Defendents) ? for expedite service. Please let me know

Thanks,
 
ZS1,
You are eligible to file 1447(b) which means that USCIS should have made a decision within 120 days of the interview but they didn't, so file 1447(b) and make them decide your case. See this for sample docs:
http://en.wikibooks.org/wiki/FBI_name_check#Example_document_for_pending_Naturalization_.28N-400.29

1447(b) is relatively straight forward and hopefully within two months or so you will have decision on your application. For lawsuit steps, you can also look at http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps


ZS1 said:
I had my citizenship interiview on the second week of December, 2008 and was told by the USCIS officer that a decision will be made in two weeks. I have not heard from them ever since, even though my lawyer sent them two letters back in February and then on April 1. I believe I just crossed the 120 day waiting mark before taking any other steps.
Can anyone please advise my options? I am in the Detroit, MI area.
Thank you.
ZS1
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Last edited by a moderator:
You can use FedEx overnight I believe and use the delivery confirmation for the proof of delivery.
emilyidea said:
Hi lazcis/ ALL

I filed WOM in this morning and submitted a copy US Attorney office by hand and defendents by USPS.

Working on TRO as separately.

Is there any way to send WOM sammans by FAX to Secretary and directors( Defendents) ? for expedite service. Please let me know

Thanks,
Click to expand...
 
can anyone explained to me this thing .

* dead line for FRCP 26 (F) conference 04/22/2009
* initial disclosures Pursuant To FRCP 26 (a) (1) 4/29/2009
* combinted joint status Report and discovery Plane as required by FRCP 26 (f)
Local rule CR16 5/06/2009
 
Hi

I filed WOM in on 4/20 and submitted a copy US Attorney office by hand and defendents by USPS Express Service.


Is there any way to send WOM sammans by FAX to Secretary and directors( Defendents) ? for expedite service. Please let me know

because Nebraska Service center usually takes more time to open any packet

Thanks,
 
Hi ,

I submitted a copy of WOM compliant to US attorney by hand.
just doubt on AUSA???
Is AUSA abbrivation - US attorney?
or is it different entity?
Please clarify.
 
US Attorney means United States Attorney. AUSA means Assitant United States Attorney. You did the right thing, you serve US Attorney but in reality it will be assigned to one of the AUSAs in the US Attorney's office. So yes, you will address the Summons to US Attorney's office.

See here for more details: http://forums.immigration.com/showpost.php?p=1942393&postcount=15891

emilyidea said:
Hi ,

I submitted a copy of WOM compliant to US attorney by hand.
just doubt on AUSA???
Is AUSA abbrivation - US attorney?
or is it different entity?
Please clarify.
Click to expand...
 
AUSA is Assistant US Attorney. An AUSA will be assigned to your case representing the government.


emilyidea said:
Hi ,

I submitted a copy of WOM compliant to US attorney by hand.
just doubt on AUSA???
Is AUSA abbrivation - US attorney?
or is it different entity?
Please clarify.
Click to expand...
 
jefkorn, lazycis help please

can you explained to me this thing .

* dead line for FRCP 26 (F) conference 04/22/2009
* initial disclosures Pursuant To FRCP 26 (a) (1) 4/29/2009
* combinted joint status Report and discovery Plane as required by FRCP 26 (f)
Local rule CR16 5/06/2009
 
jefkorn,

Thanks you. I have one more question.

I gave a copy of Civil cover sheet + complaint + 2 pages (copy of Summans which i addressed to NSC and DHS) to US attorney office.

US attorney office gave receipt with stamped "Receved complaint ".

I never included as US attorney or US attorney general defendent.

I did not gave any specific summans addressing to US attorney. Is it OK.

Just want to make sure ....Please let me know.

Thanks,

jefkorn said:
US Attorney means United States Attorney. AUSA means Assitant United States Attorney. You did the right thing, you serve US Attorney but in reality it will be assigned to one of the AUSAs in the US Attorney's office. So yes, you will address the Summons to US Attorney's office.
Click to expand...
 
emilyidea said:
jefkorn,

Thanks you. I have one more question.

I gave a copy of Civil cover sheet + complaint + 2 pages (copy of Summans which i addressed to NSC and DHS) to US attorney office.

US attorney office gave receipt with stamped "Receved complaint ".

I never included as US attorney or US attorney general defendent.

I did not gave any specific summans addressing to US attorney. Is it OK.

Just want to make sure ....Please let me know.

Thanks,
Click to expand...

It's OK to do what you've done, but you still need to serve a copy of complaint+copy of summons upon US attorney general (in addition to serving upon district US attorney)
 
Hi,

I had court hearing today for my wom case. Before the court started, an AUSA came to me, asked my name, and said he want to talk to me outside of court for a while. My husband and I followed him to the outside, he told us that USCIS chicago office gave him the information that they still need an information from FBI, and it would be taking 1 week. and then, our cases(My husban's, mine and my daughter's) would be approved. the attoney asked us if it is O.K. for him to ask Judge to give him 30 days to process our cases. We agreed. At the time we got to the Judge, the AUSA discribed the case, and he did ask for 30 days, but the Judge said better to give him 45 days. The Judge asked us if we agree, we said yes. We think we have been waiting for this for more than 4 years, we don't mind waiting for another 45 days. The ASUA then asked my e-mail address, said he will send me message about the progress.
It seems quit simple, and we did not said anything infront of the Judge. I chosse to trust the AUSA, he seemed very nice to us. By the way, my daughter(17 years old) went with us but the AUSA said she doesn't have to be there. Next court hearing was set on June 9th, but the ASUA said if the decision made before that, we don't have to be there anymore.

Thanks all of you here who helped me and answered my questions. I will post any progress once I get from the AUSA.
 
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