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Steps to take to file a lawsuit
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FBI NAME CHECK EXPEDITE CRITERIA : NameCheckCriteria.GIF
From : Publicus.
Action: Filed a Petition for a Hearing on Naturalization Application pursuant
to 1447(b) and 1421(c).
Update #1: Served Defendants. Awaiting answer. Due by December 13, 2005.
Update #2:Called the US Attorney a week before the above deadline. Outcome:
agreed to an extension of time of 40 days. According to the US attorney, USCIS
is trying to solve the case by expediting the name check. Let's keep our
fingers crossed. The new deadline is: January 23, 2005.
Update #3: Case dismissed to allow CIS to adjudicate the case.
Update #4: January 9, 2006: I became a United States Citizen.
Read how the press documented how people are filing a lawsuit to speed up
their naturalization case: http://www.boston.com/news/nation/a...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.
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
Attached Files
Circumventing Natz Delays..pdf (166.9 KB, 816 views)
1447b petition.pdf (1.75 MB, 885 views)
lawsuit-preparation.pdf (99.0 KB, 730 views)
Whom to serve.pdf (208.6 KB, 632 views)
I-485 Lawsuit for GreenCard.pdf (132.4 KB, 727 views)
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