I have merged Publicus's two threads dealing with his filing and then his results. This thread is a MUST read for folks who are contemplating suing USCIS over Citizenship delays. Great going Publicus - Rahul
Make sure you watch this thread! I am going to update it regularly. This is a thread for all those members who are thinking about or have filed a lawsuit (whether writ of mandamus or petition for naturalization), it comprises valuable information on how to file a lawsuit, and what to do thereafter. Please post your username below and let us know how we can help you.
Don't forget to browse through the pages of this thread as they contain a lot of good links and examples of lawsuits that you can use to educate yourself about the litigation process. It is easy if you know what to do. Remember, if you don't have a lawyer or can't afford one, just file a lawsuit, and keep looking. You never know, the lawsuit may just draw the needed attention, and USCIS may just complete your case, and you won't even have to do anything with your lawsuit except dismissing it.
At the end of my plight with USCIS, when I am a United States Citizen (because it is only a matter of time), I will post a brief on how I did it, what methodology I used, and who I contacted during this amazing long journey. Most of this information is scattered on this thread and around this forum, but in the end I will compress it into this first post. So stay tuned!
The key to success in any endeavor is INFORMATION. Let us share our experiences and let us learn from each other. Remember, "Your silence will not protect you."
I am planning on becoming a U.S. Citizen before the end of 2005. Are you?
I made it on January 9th, 2006. Only nine days away from 2005. Therefore I accomplished the goal I set up for myself. Here is the complete story of my oath ceremony (read this story because it includes important advice regarding the oath ceremony, what to bring with you, and what to expect there):
Part 1: http://boards.immigrationportal.com/...&postcount=260
Read how the press documented how people are filing a lawsuit to speed up their naturalization case: http://www.boston.com/news/nation/ar...p_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.
Since each message only allows a maximum of five attachments, I will later post a cover sheet for Green Card lawsuits. (update:Cover sheet for Green Card is on page 14)
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...
I just found out that I've reach the maximum number of files I can upload. So see page 8 for the cover sheet example. Thanks.