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.
Originally Posted by alnoubi
Puplicus I read your earlier post when you listed those steps but I need those for filing a Mandamus not a Federal court petition (They are different, aren't they...correct me if I am wrong).
No, they are the same. You still have to call your local court and get information on how to proceed. Each court has its own Local rules. The Pro-Se Package they will send you have all the info needed.
The ONLY difference between a Mandamus and a Petition for a Hearing is the law each lawsuit is based on. One is the mandamus act 1361 and the other is 1447b.
People have posted examples of mandamus suits (check pages 11 to 14) for GC.
Good luck....
FBI Name Check pending for more than 1 year or more
Everyone, in the wake of 9/11 there is no use waiting for Name Check to get cleared as the FBI will not move unless you file your Writ of Mandamus(Green Card - AOS) or you file for 1447 (N-400 - Naturalization), even though you have congressional assistance or even senatorial assistance. This is simply not going to work. So please file your case. I have included my case for Writ of Mandamus if ya'll want to use it, make sure you make copies of all your correspondences from the last few months and put as Exhibits. Everyone's case is different so please use according to your needs.
Also I got a call from the US Attorney's Office in Massachusetts saying that he has handled a lot of these cases and the FBI will only help expedite or entertain cases with Mandamus or 1447 filing. This I tell you because my Name Check got cleared on Jan 12th and I filed on Dec 23 last year. So please file your case and do not hesitate. Also I asked him (US Attorney) if the USCIS will deny now since I have made a Civil Case against them with my case and his response was ofcourse not. Why do you think they have a new Head in the Dept of USCIS, they obviously had issues with the previous person heading (Eduardo Aguirre) the department and so they know they have failed miserably. So just do it. The more the cases the better.
This way the government will know what the hell is going on with Tax payers who are foreigners, living legally and want to move on in life. Also do it before the Congress approves on HR 4437. Act now. Take care and all the best you all. This is the reason why I'm pushing you all to file a case, let be a Mandamus or a 1447.
But make sure you do what Publicius said first
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.
People to serve are
Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001
Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528
Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258
Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001
Attached Files
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.
Originally Posted by alnoubi
Puplicus I read your earlier post when you listed those steps but I need those for filing a Mandamus not a Federal court petition (They are different, aren't they...correct me if I am wrong).
No, they are the same. You still have to call your local court and get information on how to proceed. Each court has its own Local rules. The Pro-Se Package they will send you have all the info needed.
The ONLY difference between a Mandamus and a Petition for a Hearing is the law each lawsuit is based on. One is the mandamus act 1361 and the other is 1447b.
People have posted examples of mandamus suits (check pages 11 to 14) for GC.
Good luck....
FBI Name Check pending for more than 1 year or more
Everyone, in the wake of 9/11 there is no use waiting for Name Check to get cleared as the FBI will not move unless you file your Writ of Mandamus(Green Card - AOS) or you file for 1447 (N-400 - Naturalization), even though you have congressional assistance or even senatorial assistance. This is simply not going to work. So please file your case. I have included my case for Writ of Mandamus if ya'll want to use it, make sure you make copies of all your correspondences from the last few months and put as Exhibits. Everyone's case is different so please use according to your needs.
Also I got a call from the US Attorney's Office in Massachusetts saying that he has handled a lot of these cases and the FBI will only help expedite or entertain cases with Mandamus or 1447 filing. This I tell you because my Name Check got cleared on Jan 12th and I filed on Dec 23 last year. So please file your case and do not hesitate. Also I asked him (US Attorney) if the USCIS will deny now since I have made a Civil Case against them with my case and his response was ofcourse not. Why do you think they have a new Head in the Dept of USCIS, they obviously had issues with the previous person heading (Eduardo Aguirre) the department and so they know they have failed miserably. So just do it. The more the cases the better.
This way the government will know what the hell is going on with Tax payers who are foreigners, living legally and want to move on in life. Also do it before the Congress approves on HR 4437. Act now. Take care and all the best you all. This is the reason why I'm pushing you all to file a case, let be a Mandamus or a 1447.
But make sure you do what Publicius said first
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.
People to serve are
Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001
Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528
Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258
Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001
Attached Files
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