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

[nickoxx]

nickoxx

Yeeah! Congratz man! I hope it's really over now!

Now I have to file my own complaint get it done too!

Thanks, bro! And yes, do start kicking their asses too and good luck! Nice picture, love it!
I'm still on this forum.

I got really tired once we get back home, got some shots of vodka, slept, that's why my response was late.

 

[SergeyR]

Yes, I understand. I'd be tired too after such interview or long conversation. But It's worth it!

So did they give you another paper telling you are approved? I mean your wife. Now I have a paper (standard form) where they chose option - "At this moment we can't make a decision blah blah blah...". Did they give you another paper?

 

[cafeconleche]

Hope you get the oath letter.

I have to check my documentation to see what language was used exactly.

 

[nickoxx]

Yes, I understand. I'd be tired too after such interview or long conversation. But It's worth it!

So did they give you another paper telling you are approved? I mean your wife. Now I have a paper (standard form) where they chose option - "At this moment we can't make a decision blah blah blah...". Did they give you another paper?

Nop. But, once we release that court hold, we should be getting something like the Oath letter. I was not really pushing on officer (since she may change her mind , kidding), just kinda carefully/diplomatically asked if we're finally approved , and she said "yes".

Also, later in the evening, my wife mentioned that some our pictures from vacation in Dominican Republic were taken (in swimming suits) and all the copies of our extra paper work. I think that's an additional + towards the positive outcome. Like I said, the officer was really nice, the interview was kinda like 2 buddies met and BS on different topics. Surely, since I've been in the US for >10 years, now I know when and what and how to say. So, I kinda found that "key" to officer's "door".

 

[nickoxx]

Hope you get the oath letter.

I have to check my documentation to see what language was used exactly.

Thank you, cafeconleche. I really appreciate your help.

 

[SergeyR]

Nop. But, once we release that court hold, we should be getting something like the Oath letter. I was not really pushing on officer (since she may change her mind , kidding), just kinda carefully/diplomatically asked if we're finally approved , and she said "yes".

Also, later in the evening, my wife mentioned that some our pictures from vacation in Dominican Republic were taken (in swimming suits) and all the copies of our extra paper work. I think that's an additional + towards the positive outcome. Like I said, the officer was really nice, the interview was kinda like 2 buddies met and BS on different topics. Surely, since I've been in the US for >10 years, now I know when and what and how to say. So, I kinda found that "key" to officer's "door".

Ha! Again I missed your message. So I hope everything will be fine with your wife's case.

I agree - we have to control and manage what we say. Government is not a buddy. You say something strange or something that triggers a red flag and you done.
I'm here only since June 2010. Only 5.5. years. What I learned from people is that you have to answer questions they ask. Do not treat them as your buddies. Just a short clear answer. Like you are in the army.

I know I like to talk. And sometimes the more I talk the more I have later to explain the details of what I said.

Maybe it's better to create a script and keep it in your head. And script will help to answer exactly what they need to know. No more, no less.

I.e. i tried to explain officer what does it mean "Mailforwarding". It was pain. And during my long monologue I suddenly thought he didn't understand something or maybe anything.

You know like police guys in movies say "Your words may be used against you". I think same thing here.

So again - just short clear sentences.

Right now (exactly right now) I'm working on my complain. I want to reread it. Fix cover page. Create summons and then print all that stuff and take it to the local DC. Today.

 

[SergeyR]

Sorry for dumb question, but whom should I send a summon besides those who are listed as defendants?

Is it District Attorney or Delaware or Attorney General of Delaware?

Just in case - I reside in Delaware.

 

[nickoxx]

I had my: US Attorney for Northern District of Illinois. In my case we have 2 districts (and I'm under Norhtern division's jurisdiction, based on residence).
You need to check yours, but you can still use: "US Attorney for Delaware".

 

[SergeyR]

I had my: US Attorney for Northern District of Illinois. In my case we have 2 districts.
You need to check yours, but you can still use: "US Attorney for Delaware".

Thank you. Delaware is small. There is only 1 district here I believe.

I'm running out of time already. I still have to finish summons. They (DC) will close at 4pm today.....

 

[SergeyR]

Finally I prepared ALL paperwork. I can't say that 100% is correct. But I checked it already and everything seems fine. I also edited my complaint a bit and inserted info regarding Service Request.

Now everything is ready for Monday.

 

[nickoxx]

Hey, guys. Here's defendants' corrected motion to remand (I've made some changes which are in bold: "
The federal defendants move for a remand to the United States Citizenship and Immigration Services (USCIS) of Plaintiff’s naturalization application which is the subject of the complaint filed in the above-captioned case so that USCIS should render a decision on the application within the next 14 days. Under 8 U.S.C. § 1447(b), the district court has the authority to remand the matter to the agency "with appropriate instructions". The USCIS conducted an additional interview with both Plaintiff and her husband ______________ on 2/4/2016 at local Chicago's USCIS office and is ready to issue a decision on the application. As the agency entrusted with adjudicating naturalization applications, USCIS has expertise in resolving these issues and it makes sense to remand it to the agency in order to take action.

Plaintiff's complaint on the delayed N-400 application should remain as without prejudice in any way since she has administrative and judicial remedies available to her if the decision is unfavorable and she wishes to challenge the decision. In addition, if no decision is carried out by the USCIS within 14 days from the date of this order, Plaintiff's case will be re‑instated at District Court without any additional filing fee/cost to Plaintiff.

ACCORDINGLY, the Defendants respectfully request that Plaintiff’s application for naturalization be remanded to the USCIS so that the agency should issue a decision on the application within 14 days from the date of this order."

Also, here's corrected order to remand (sent by defendants to me for review, my correction in bold): "Plaintiff’s application for naturalization is remanded to the United States Citizenship and Immigration Services (USCIS). USCIS is instructed to issue a decision on Plaintiff’s naturalization application within 14 days from the date of this order. The case may be re‑instated within 30 days of this order, if USCIS does not act on Plaintiff’s naturalization application within 14 days from the date of this order, at no additional filing fee/cost to Plaintiff. Each party shall bear its own costs and fees."

Any thoughts and ideas?
Thank you, and I'd appreciate prompt response, since I have to reply back to AG either today or tomorrow by noon, their due date is 2/12/16.

 

[SergeyR]

nickoxx

I think the corrected one looks legit. First, they will have 14 days to make decision. Second, if they don't made decision you will be able to re-instate the case within 30 days. Third, if you will have to re-instate the case then it will be free of charge.

I think that if they deny application it technically won't have any connection to the fact they delayed their decision. You file a lawsuit because they delayed. But nobody knows the outcome. Thus, if they grant you with a citizenship it's great. If they deny I guess you'll have to file a different appeal not related to this case. Correct me if I'm wrong.

So today finally I went to a District Court to file a case. I paid all necessary fees. Got a case number. Got all summons stamped and signed by Clerk of Court.

Now I got a question:

Those guys (Clerk of Court) gave me the paper "Rules of civil procedure" which describes how I should serve all defendants.

But the language is used in that document is a bit foreign to me. Clerk of Court couldn't help. They told me this: "If you have questions you may ask, but we will only refer me to that document".

Now I'd like to know if I'm correct. What I'm going to do:

Send each summon including cover sheet, complaint and a set of exhibits to every defendant using trackable service AND green certified receipt. Just this. Simply put all papers for each defendant into an envelope, put address, and sent it via registered mail with green receipt. Right?

And another question. Is it better to bring a first signed green receipt to the District Court or wait till I get all of them? I know that USPS can do some crazy things with mail (misdeliver or lose it), so maybe it's better to file a signed green receipt as soon as I get one?

Thanks!

 

[nickoxx]

nickoxx

I think the corrected one looks legit. First, they will have 14 days to make decision. Second, if they don't made decision you will be able to re-instate the case within 30 days. Third, if you will have to re-instate the case then it will be free of charge.

I think that if they deny application it technically won't have any connection to the fact they delayed their decision. You file a lawsuit because they delayed. But nobody knows the outcome. Thus, if they grant you with a citizenship it's great. If they deny I guess you'll have to file a different appeal not related to this case. Correct me if I'm wrong.

Completely agree. I've already sent these 2 corrected docs to AG's rep. And I've also excluded the thing about "Case is terminated", will see if they agree to all my corrections.

Send each summon including cover sheet, complaint and a set of exhibits to every defendant using trackable service AND green certified receipt. Just this. Simply put all papers for each defendant into an envelope, put address, and sent it via registered mail with green receipt. Right?

Registered or certified? I'm 100 positive it's certified mail with the return receipt. You don't have to mail the cover sheet to each defendant. It only goes to the court (unless you guys have different rules in Delaware, but I think it's the Federal Rule).

And another question. Is it better to bring a first signed green receipt to the District Court or wait till I get all of them? I know that USPS can do some crazy things with mail (misdeliver or lose it), so maybe it's better to file a signed green receipt as soon as I get one?

It's up to you. I've personally waited for all of them to come back and then sent them to the District Court at once. Another thing: stupid USPS lost 4 Green Cards, but it looks like the DC was OK with e-copies, since I wrote the explanation who I didn't get it (original Green ones)+I've attached the names of each defendant to appropriate e-copy (since all my defendants were in numerical order).

 

[nickoxx]

hello guys , i am in need of advice here. i did apply for my naturalization march 3 2015, did my interview on the 13th of july 2015, at Dallas ,ever since i have not heard any information on my application, infact a decision has not been made... its like 1 year of filling and 8 months after interview,
i have been to the Dallas office 6 times(info pass), made several service requests , only get response that the application is in process, i know of the 120 days rule, i am thinking of filling a suit at the district court here in Dallas, how do i go about it
thanks

I personally went through the first 10 pages of this forum and 100 last pages (not kidding) and just combined what I needed (since each DC has different rules). You also need to try to Google for your DC on-line, look for pro-se application. You can also go to your DC and get some inf/help from the clerks overthere.

 

[SergeyR]

Registered or certified? I'm 100 positive it's certified mail with the return receipt. You don't have to mail the cover sheet to each defendant. It only goes to the court (unless you guys have different rules in Delaware, but I think it's the Federal Rule).

I am sorry for confusing. I just don't remember the proper name of that USPS service. But it's OK. I know how it looks like. Funny thing - I have a contract with them (USPS), but never used that green receipts before. Mostly PMI/PMEI. So anyway it's enough right - just send and wait?

It's up to you. I've personally waited for all of them to come back and then sent them to the District Court at once. Another thing: stupid USPS lost 4 Green Cards, but it looks like the DC was OK with e-copies, since I wrote the explanation who I didn't get it (original Green ones)+I've attached the names of each defendant to appropriate e-copy (since all my defendants were in numerical order).

I guess it's usual thing for USPS to loose mail. But I'm glad that e-copies are work too. I just wonder how can you get a e-copy? It it kinda similar to online tracking info?

 

[nickoxx]

I am sorry for confusing. I just don't remember the proper name of that USPS service. But it's OK. I know how it looks like. Funny thing - I have a contract with them (USPS), but never used that green receipts before. Mostly PMI/PMEI. So anyway it's enough right - just send and wait?

Yes, sir: send and wait

I guess it's usual thing for USPS to loose mail. But I'm glad that e-copies are work too. I just wonder how can you get a e-copy? It it kinda similar to online tracking info?

Well, I had the supervisor involved, so she sent it to me as e-mail attachments. And I think, I've tried it later on my own and was able to, but now I can't recall.
Hopefully, you won't have to deal with this crap.

 

[SergeyR]

nickoxx

Thank you! I'll send it today.

 

[SergeyR]

Finally I sent all summons today. Spent a while printing address labels and filling out certified mail receipts and green return receipts (both sides). Then spent an hour+ at the postal store. I decided to put some tape on envelopes and green return receipts, so it took a about 25 mins waiting till I get to the counter and then about 45 mins to finish everything. One day I'll calculate an estimated time I spent on this case... PS: today I paid about $100 just to sent all that mail...

 

[kamara1]

Hello Sergey and Nickoxx please i did file the complaint today at the district court by mail.... please how do i get the summons? or do i have to prepare one? and send to the cleck?
Thanks

 

[SergeyR]

kamara1

This is what I did, so you may probably do the same:

1) Create summons for each defendant.
2) Make a copy of complaint + a copy of all exhibits for each defendant.
3) Go to a District Court where they will have to stamp and sign all summons and stamp case number on all complaints.
4) Send all summons and all complaints to all defendants i.e. via USPS Priority Mail (Certified mail with Green Return Receipt - PS Form 3811).

Wait.