khan4nwfp said:
My name check has also been pending since 4/06. I am gathering information to file for 1447b. I would like to know the following or have them confirmed from some of you that have recenlty done this and could let me know anything I need to be careful of.
1. Is there a particular format I need to follow for the complaint. I dowloaded the info from phoenix district court & all it mentioned was using 8 1/2 X 11 size paper?
That's the size I used for my petition. Typed it with microsoft word. I checked a few petitions in PACER and picked a style I liked and used it.
2. Who is best to send summons to & mention in the complaint. I have seen some of you including FBI while some have not. Can you please advise which way to go.
I read in AILA (who to sue and whome to serve) that it is better to be inclusive (list many defendants). If your name check is pending, you need to list the FBI. I've seen petitons where they listed CIA. I didn't in mine (see below).
These are the defendants I listed in my petition.
MICHAEL CHERTOFF, )
Secretary of the Department of Homeland Security, )
EMILIO GONZALEZ, )
Director of the U.S. Citizenship and Immigration )
Services of the Department of Homeland Security, )
DENIS RIORDAN, )
District Director of the Boston Regional Office of the )
United States Citizenship and Immigration Services, )
ETHAN ENZER, )
Officer in Charge of the Hartford Office of the United )
States Citizenship and Immigration Services, )
ALBERTO GONZALES, )
Attorney General of the United States, )
ROBERT S. MUELER, III )
Director of the Federal Bureau of Investigations
3. Do summons get stamped the day I file my complaint or do I go back to the court and pick them up?
a- I went first time: clerk gave me info (court rule etc).
b- I went 2nd time: gave 12 copies of my petition and a check $350. The clerk said to come back the following day to pick up my petitions.
c-I went the following day: my 12 petitions were stamped (case number and judge intials). She gave me summons to fill out. She said I could fill out summons on the spot and have them stamped right away. However, I didn't have the addresses of the defendants with me and also I wanted to type neatly instead of hand writing.
d-I went following day with my neat typed summons and had them signed and stamped.
4. Is it possible to hand deliver the summon to AUSA or USA office? Are they usually located in the district court. If so do I need to show proof that it was hand delivered?
Many people do. Have the US atty office stamp your "return of service". I intend to do same thing. Write this:
I, first last name,certify that on October X, 2006 I caused the summon and a copy of PETITION OF HEARING ON NATURALIZATION APPLICATION UNDER 8 USC § 1447(b) to be served personally upon:
name of US atty
Street
City, State, Zip
5. How long should I be waiting to hear anything about my case once the summons or the case is filed?
60 days is the time they're given by court to get back to you.
Is the case/dockett number assigned the same day you file the complaint?
No. This happens only in very urgent cases. In my case, it took 24hr.
Cheers
