As planned, I have filed the lawsuit for the unreasonable delay in processing of my I485 due to pending name check.
Preparation: Needless to say, almost all the information I got was from this forum. I will always be very thankful to the gurus here. The case preparation was easy when I start from a template. I just had to add more facts that were specific to my situation. On top of that, I prepared summons for each defendant. Cover sheet was not needed for Pre Se filing in my district. Even summons were not needed to be prepared by me. But, I prepared them as I didn't want to wait for the court to send them. Exhibits (or attachments) were as follows:
Filing: This was a breeze. I thought there will be long queue (like DMV / MVD). However, there was no one. The staff was courteous. They took my stuff (which was well organized). Out of the 3 copies of the complaint, they kept the original and 1 copy. The third one was given back to me after marking received. Summons that were pre-printed were marked by the raised seal of the court, signed by the clerk and then given back to me. Fee was paid to a cashier's window by personal check. I noticed that they accepted credit cards as well. Also, all the documents were stamped with my case number.
District - Arizona. Court - Phoenix.
Preparation: Needless to say, almost all the information I got was from this forum. I will always be very thankful to the gurus here. The case preparation was easy when I start from a template. I just had to add more facts that were specific to my situation. On top of that, I prepared summons for each defendant. Cover sheet was not needed for Pre Se filing in my district. Even summons were not needed to be prepared by me. But, I prepared them as I didn't want to wait for the court to send them. Exhibits (or attachments) were as follows:
- Initial receipt
- Interview appointment letter
- Sheet given by interviewer stating name check is pending
- Email from the congress man
- Letter from Senator's office
- Response to FOIPA request
- Letter to FBI for expediting name check completion
- Letter to USCIS ombudsman
- Notice of legal action to local USCIS
- Notice of legal action to USCIS/DHS chief counsel
Filing: This was a breeze. I thought there will be long queue (like DMV / MVD). However, there was no one. The staff was courteous. They took my stuff (which was well organized). Out of the 3 copies of the complaint, they kept the original and 1 copy. The third one was given back to me after marking received. Summons that were pre-printed were marked by the raised seal of the court, signed by the clerk and then given back to me. Fee was paid to a cashier's window by personal check. I noticed that they accepted credit cards as well. Also, all the documents were stamped with my case number.
District - Arizona. Court - Phoenix.
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