name check completed
According to AUSA, my name check has completed and he sent me a copy of the motion to remand today to ask my assent. CIS has 45 days to adjudicate my application after the remand. I certainly hope I can hear from CIS soon.
I want to share this good news with people in this forum and thank everyone (paz especially) who took their time to answer my questions. Thank you, paz, for staying and answering questions even after your well deserved victory. People like you deserve a medal of some kind.
As a frequent visitor of this forum, I learned a lot and was encouraged by stories posted in this forum to file my lawsuit Pro Se. To return, I try to give as much detail as I can about my case. Hope it helps anyone in any way.
. N-400 filed: 3/2006
. Interviewed: 6/16/2006 Boston name check pending
. Lawsuit filed (Pro Se 1447(b)): 12/12/2006
I was worried that my case will be affected by the new 'no more expedited name check' rule. I found out my AUSA's contact number on Pacer and sent 2 emails to him asking the status of my case. He never replied. I waited and called him (left message) 3 days before the due date. He called back told me that the name check is done and he's going to file a motion to remand.
Based on my own experience, if you were interviewed for N400, I recommend you file the lawsuit as soon as the 120 days passed. I was hesitated to file earlier because I was afraid that my application wasn't pending long enough. Then I thought, what would be the worst happen if I file? I will lose $350 and my application go back to where it is. Now I'm glad I didn't wait longer till after 12/22/06.
About the new rule, I think it depends on how bad your AUSA wants to fight with you. If they don't want to fight, then they will contact someone to get your name check moving. My AUSA didn't mention anything about the new rule. As of today, I haven't seen any Boston cases had to go through motion-to-dismiss and then opposition-to-motion-to-dismiss process. But as paz mentioned over and over again, prepare for the worst. I consider myself being lucky for not having to go through the fight.
During my filing of the lawsuit, the most confusing piece was serving the Summons and filing for Return of Serivce afterwards. People did it in different ways. I prepared one summons for one defendent and one summons for US Attorney (so that I can serve them). Then at time of filing the lawsuit, clerk stamped them and gave them back to me. I then served US Attorney at the same day in person. My husband was with me at the time so I asked him to give it to the clerk because I was told I can't serve by myself. The clerk didn't seem to care who he was. Also, I made a mistake by giving the original summons to the AUSA. I called the clerk later. They said it's fine if I file Return of Service with the copy. Good thing is the mistake was discovered before I served other defendants. So I did serve copies on all the defendants. I filed Return of Service as soon as all mails showed up as 'delivered' on USPS website. And yes, I filed with only the website printout. The court accepted it. I hope this information helps anyone so that you won't make the same mistake that I made and lose sleep over it.
Here is a brief step-by-step. If you go through this forum, these info is everywhere. I just hope this makes someone's life a little easier. :
1. File lawsuit
Give court clerk the following:
- Cover Sheet
- Compliant (1 copy stabled that the court will keep, 1 copy NOT stapled that they will stamp and give back to you to make copies for defendants)
- Summons (1 for each defendent. The clerk will give this back to you and you make copies for the defendants and keep the original to file Return of Service later)
2. Serve defendents
Via USPS certified mail, send the following to the defendants:
- Copy of original compliant with court seal
- Copy of original summons for that defendant
3. File Return of Service with court and send copy to local US Attorney
Wait till all mails are delivered. File the following with the court:
- Original copies of all summons
- Fill out and sign the 2nd page of the summons
- Print out of USPS tracking pages
- Certificate of Service (attached here)
(don't forgot to send copy to your local US Attorney)
This is what I did. It may not be exact how other people did because of different local rules.
Attached is the certificate of service document in case anyone needs a sample.
There were a lot questions on defendants' address. Here is what I used.
Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
U. S. Department of Homeland Security
Washington, D. C. 20528
Emilio Gonzalez, Director of U.S. Citizenship and Immigration Services
Office of Chief Counsel
20 Massachusetts Ave., Room 4025
Washington, D.C. 20529
Alberto R. Gonzales, United States Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530-0001
Robert S. Mueller, Director of Federal Bureau of Investigation
Office of the General Counsel of the FBI
935 Pennsylvania Ave., NW
Washington, D.C. 20535-0001
-- NOTE: you need to change this if you are not filing in Boston ------
Denis Riordan, Boston District Director
Boston District Office of USCIS
JFK Federal Building
Government Center
Boston, MA 02203
Again, I hope all these can help someone who are thinking of filing lawsuit against the powerful government as pro se.
I wish everyone good luck and I hope I hear good news from CIS soon.
