Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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nickoxx
Member
And good luck!
nickoxx
Member
I spent most of the day today while going between DC and AG's office (calling/emaling).
Was able to get hold via e-mail of deputy to my judge, and she really helped by answering some questions: now I can sleep better.
So, she said that even if my case terminated (that's pretty much how the case gets remanded back to the USCIS), if these guys try to play trick and not carry out the decision, the case can be re-instated and will be assigned to the same judge with the same # and free of charge.
I hope it won't get to that point.
Another thing, I made some corrections to Order to remand/Motion to remand and asked the AG's paralegal to take a look at. They did accept it, but some were left aside. So, I called them today and when I tried to explain/get clarification, it sounded like that lady starting kinda threatening me saying, even if you (us) don't agree, we'll send our answer/motion to the court anyway.
I just realized that I should have told her: why are you then emailing/calling us, if you're so smart/genius?
I've sent her another email (but she was gone for today), asking to correct some language in both docs. Will see what happens tomorrow, since tomorrow is the deadline for them to answer to the court.
This lady from the DC really kinda calmed me down, so now I feel much better.
Was able to get hold via e-mail of deputy to my judge, and she really helped by answering some questions: now I can sleep better.
So, she said that even if my case terminated (that's pretty much how the case gets remanded back to the USCIS), if these guys try to play trick and not carry out the decision, the case can be re-instated and will be assigned to the same judge with the same # and free of charge.
I hope it won't get to that point.
Another thing, I made some corrections to Order to remand/Motion to remand and asked the AG's paralegal to take a look at. They did accept it, but some were left aside. So, I called them today and when I tried to explain/get clarification, it sounded like that lady starting kinda threatening me saying, even if you (us) don't agree, we'll send our answer/motion to the court anyway.
I just realized that I should have told her: why are you then emailing/calling us, if you're so smart/genius?
I've sent her another email (but she was gone for today), asking to correct some language in both docs. Will see what happens tomorrow, since tomorrow is the deadline for them to answer to the court.
This lady from the DC really kinda calmed me down, so now I feel much better.
nickoxx
Member
I spent pretty much the same amount of time, but less $, probably between 80-90
nickoxx
Member
Yes. Copy of summon+complaint(s)+evidence/exhibits
Same stuff goes to your local attorney's office.
nickoxx
Member
Kamara1,
You send a copy of summon (with the appropriate defendant's name) to each defendant, which includes Loretta Lynch (US Attorney General) and your state attorney. Use my example and correct to your needs: "
Zachary T. Fardon, US Attorney for Northern District of Illinois". I don't know how many districts are in your state, so you'd have to do research on that.
Also, the rules how to serve defendants may slightly vary from state to state, so you check it with your local DC, but in general they're the same: to each defendant.
You send a copy of summon (with the appropriate defendant's name) to each defendant, which includes Loretta Lynch (US Attorney General) and your state attorney. Use my example and correct to your needs: "
Zachary T. Fardon, US Attorney for Northern District of Illinois". I don't know how many districts are in your state, so you'd have to do research on that.
Also, the rules how to serve defendants may slightly vary from state to state, so you check it with your local DC, but in general they're the same: to each defendant.
nickoxx
Member
Well... After multiple e-mails back and forth from US attorney (not paralegal this time) and phone conversation with assigned defendants' attorney, I finally agreed to motion to remand and attorney has already e-filed this motion with the order to remand (I got e-mail confirmations).
He has scheduled appointment with the judge on 2/23/16, so I hope that day he'll go any extent to have judge to order to remand really fast (at most it'd take 1.5 week).
Also, while talking over the phone he mentioned that our case has been resolved and he also mentioned something regarding ceremony, but I didn't really want to push furthermore asking more details, since we already were talking kinda on high tones, but eventually we worked it out and he gave me his direct phone (in case if need be).
So, talking to US attorney it was quite of experience: you gotta be nice/polite and at the same you need to know what and how to stand firm.
He has scheduled appointment with the judge on 2/23/16, so I hope that day he'll go any extent to have judge to order to remand really fast (at most it'd take 1.5 week).
Also, while talking over the phone he mentioned that our case has been resolved and he also mentioned something regarding ceremony, but I didn't really want to push furthermore asking more details, since we already were talking kinda on high tones, but eventually we worked it out and he gave me his direct phone (in case if need be).
So, talking to US attorney it was quite of experience: you gotta be nice/polite and at the same you need to know what and how to stand firm.
Hi guys,
I gotta say, this thread is like a treasure trove of information. Thank you all for sharing the details; believe me it helps to a degree that can't be expressed.
I've been surfing for a long time, but decided to join in the conversation. My case is also delayed. I filed in April 2015, did biometrics in May 2015. And after waiting 60 days, I started to go through the routine motions (e-requests, infopass, cust. svc phone calls, several senator's inquiries, several more infopass, several e-requests after case fell outside normal processing time). And the response as you all may be familiar from all of these was about the same "pending security checks". I also emailed the local office (Chicago) directly, and got some really interesting replies from the office of Ms. Medina. First response, "Your case is pending review at Chicago Field Office", so I replied to the email asking clarification on whether it has finally been transferred to the DO for interview? The reply to that was "Although your interview has been conducted. We are unable to render a decision pending additional security checks". This literally blew my mind, so I inquired again this time asking clarification on both the first and second email and pointing to the fact that I have yet to be scheduled for an interview, and thus initiating contact with this office in the first place. The most recent and last reply I got states in no more than 3 lines "Your case is not at Chicago D.O., it is still with NBC. Contact NBC". Lol! Can you believe it? Good thing is, each reply was in the form of a PDF attachment signed by (most likely a delegate of) Ms. Medina, the director for the D.O. So, I have some paper trail to benefit if needed later.
So the question I have is, is my case ripe for WOM? Considering I've exhausted all my options available to me. I also read the bit about Jarek's success a few pages ago, so I followed the same path and emailed the local D.O. one more time stating that I intend to file WOM unless we can move on scheduling the interview. I'm not sure if this was premature, but it's done now. I'll wait for a reply (if any at all).
What do you guys suggest? What's the best pathway to adopt from this point fwd?
I'm not sure what the cause of the delay is. I renewed my GC with success without any hassle in 2015, the entire process took from Oct-Feb and in Mid Feb i received my GC no problem. If there was a problem, wouldn't GC also have been delayed?
Thanks guys.
I gotta say, this thread is like a treasure trove of information. Thank you all for sharing the details; believe me it helps to a degree that can't be expressed.
I've been surfing for a long time, but decided to join in the conversation. My case is also delayed. I filed in April 2015, did biometrics in May 2015. And after waiting 60 days, I started to go through the routine motions (e-requests, infopass, cust. svc phone calls, several senator's inquiries, several more infopass, several e-requests after case fell outside normal processing time). And the response as you all may be familiar from all of these was about the same "pending security checks". I also emailed the local office (Chicago) directly, and got some really interesting replies from the office of Ms. Medina. First response, "Your case is pending review at Chicago Field Office", so I replied to the email asking clarification on whether it has finally been transferred to the DO for interview? The reply to that was "Although your interview has been conducted. We are unable to render a decision pending additional security checks". This literally blew my mind, so I inquired again this time asking clarification on both the first and second email and pointing to the fact that I have yet to be scheduled for an interview, and thus initiating contact with this office in the first place. The most recent and last reply I got states in no more than 3 lines "Your case is not at Chicago D.O., it is still with NBC. Contact NBC". Lol! Can you believe it? Good thing is, each reply was in the form of a PDF attachment signed by (most likely a delegate of) Ms. Medina, the director for the D.O. So, I have some paper trail to benefit if needed later.
So the question I have is, is my case ripe for WOM? Considering I've exhausted all my options available to me. I also read the bit about Jarek's success a few pages ago, so I followed the same path and emailed the local D.O. one more time stating that I intend to file WOM unless we can move on scheduling the interview. I'm not sure if this was premature, but it's done now. I'll wait for a reply (if any at all).
What do you guys suggest? What's the best pathway to adopt from this point fwd?
I'm not sure what the cause of the delay is. I renewed my GC with success without any hassle in 2015, the entire process took from Oct-Feb and in Mid Feb i received my GC no problem. If there was a problem, wouldn't GC also have been delayed?
Thanks guys.
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Would it be fruitful for me to contact the US Attorney who will eventually be named in the suit, and tell him/his office that I intend to file WOM, and ask if he/his office can contact USCIS to maybe resolve it without going through the actual filing? I mean, it seems like It's asking for a lot, but not sure if anyone has tried this.
nickoxx
Member
What a mess. It just proves that USCIS has no clue what they're doing.
Well, let's wait and see what happens, I mean, if they respond with some sort of reply.
For the GC: it shouldn't delay.
nickoxx
Member
I don't think, your request to Attorney will help, since there's no official case assigned. And since they have more crap to deal with, they won't move an inch to resolve (or try) it.
So, my suggestion is: wait for their e-mail/mail reply, give them a month for that.
If nothing happens, file a WOM. As you see from my previous posts, I went through the same crap, well except filing the WOM. So now you need to move them somehow or it will just get dusted.
The only difference is: with 1447b - it's mandatory for USCIS, with WOM - it's recommendation.
nickoxx
Member
You mean 3 copies to each defendant? Crazy
I only served 1 copy (unstamped) to each defendant and sent stamped copies with the Green receipts to the court at once.
kamara1, are you sure clerk told you to send 3 copies to each defendant? I'd call the court and re-insure on that.
Hello guys
I am new member in this unique forum.I wish to have some help.I intend to sue USCIS for denial of applications for TPS&EAD
Do I sue with fedral court or immigration court,do I have to appeal the decision with USCIS first before going to court or to proceed directly to court.Please help.
I am new member in this unique forum.I wish to have some help.I intend to sue USCIS for denial of applications for TPS&EAD
Do I sue with fedral court or immigration court,do I have to appeal the decision with USCIS first before going to court or to proceed directly to court.Please help.
SergeyR
Member
My update:
Currently my summons were delivered to just few local recipients.
Currently my summons were delivered to just few local recipients.
- Jeh Johnson - not delivered. Arrived at Unit. Probably will deliver today or tomorrow.
- Leon Rodriguez - not delivered. Idk when it will be delivered. It says "departed USPS facility"... at Washington DE... on Feb 13.
- Ur Mendoza - not delivered. Idk when it will be delivered. It says "departed USPS facility"... at Washington DE... on Feb 13.
- Lori Scialabba - not delivered. Arrived at Unit. Probably will deliver today or tomorrow.
- Loretta Lynch - not delivered. Idk when it will be delivered. It says "departed USPS facility"... at Washington DE... on Feb 13.
- James Comey - not delivered. Idk when it will be delivered. It says "departed USPS facility"... at Washington DE... on Feb 13.
- Philadelphia Field Office Director - Delivered on Feb 12. Still waiting for receipt.
- Philadelphia District Director - Delivered on Feb 12. Still waiting for receipt.
- US Attorney for Delaware - Delivered on Feb 16. Still waiting for receipt.