我大约一个月前经历的,再写一遍吧:
1)本版精华区什么都有, 基本可以找全所需信息。
http://www.mitbbs.com/bbsdoc3/life.faq/Immigration/name-check/lawsuit/5
2)收集证据,WOM的前提是已经使用了所有行政手段, 还是不能解决, 所以告之前要
2.1) Call USCIS Customer Service for case status
2.2) Write to USCIS Service Center where your case is handled for case status
2.3) Contact local congressman, ask for help to resolve pending case
2.4) Contact state senator, ask for help to resolve pending case
2.5) Write to USCIS Obudsman office, file complain about case pending too long in USCIS
2.5) Write to First Lady, ask for help. She respond in 3 months, but she has the power. She actually forward my letter to FBI, then I got letter from FBI telling me exact date they received my naming check request from USCIS, and FBI admit it has been pending for more than 3 years. This is the strongest evidence I have against FBI.
2.6) If you have a lawyer handle your immigration case, contact the lawyer to get case status as well.
3)写状纸。
Call Federal District Office of you local area, ask for pro se package. Once received pro se package, find some template, start writing complaint (起诉书)
4) 正式起诉。
Goto the court office, submit your pro se complaint. It is better to go in person, because you need a lot of help from the person in court. They will correct the mistake you made, give you civil cover letter and original summons. If you mail it, it will take quite long time to get everything right.
5) 向被告递交起诉书。
I sued FBI, USCIS and Homeland Security. I need to mail total 5 copies to them via certified mail with return receipt, 3 of them to the defendant, 1 to US Atternoy General, 1 to the atternoy at the court. Once received all the return receipt, go back to the court office again to file the return of service firm. It is better to go back to office again, because they will help you. It only take longer time to do it by mail.
***I have some problem getting the return receipt from FBI. They never return it. I went to the post office, they printed out a page has all the signature information. That can be used as return receipt too. They can not hide!
6) 正式起诉
Once the court accepted the return of service forms, the lawsuit case the officially in effect. The defendant has 60 days to respond, otherwise, they will lose the case.
7)可能的结果
1) 好结果, They approved the case within 60 days, which is my case, then I need to drop the case.
2) 坏结果, They file something back to the court, ask for case to dismiss. In this case, you have to be strong enough to fight back. Otherwise, you lose the case and leave some bad effect on the people who file the same case later. Usually, I think if nc pending not long enough, maybe less than 2 years has such problem. I am not sure, just guess.
Good luck to everyone.
来源:未名空间(www.mitbbs.cn)
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