The process is a lot more complicated than some online guides make it seem. I've been studying it off and on for the past three months and will be filing on my own soon. But if you’re not ready to spend some time learning the ropes, I wouldn’t recommend going pro se—it’s easy to mess up, and you don’t want to rely on luck to succeed. Here are a few things I’ve learned along the way that might help the readers:
1) Picking Defendants and Finding Agency Directors: Getting the right mix of defendants and tracking down the current directors of different agencies can be tricky. For example, the San Francisco Field Office recently changed directors, but there’s almost nothing online about it, and USCIS won’t tell you who the new director is either. If you check out recent cases, though, you can often figure this out. It’s also a good idea to add placeholder defendants, like “John Does 1-10” and “Jane Does 1-10,” so you can amend the complaint later if needed.
2) Avoiding Dismissal and Strengthening: Your Complaint: USCIS has a few go-to moves for dismissing cases, so it helps to know what they are and how to counter them. For instance, you’ll need to argue that USCIS has a non-discretionary duty to at least process (if not approve) your case. USCIS often claims that adjudicating cases is discretionary, and the law can be a bit murky here, especially for things like I-485 cases. Studying other cases can give you ideas on how to write your complaint to avoid easy dismissal.
3) Using Both Mandamus and APA Claims: While mandamus claims are the most talked about, it’s smart to include two counts in your complaint: one for Mandamus and another for a violation of the Administrative Procedure Act (APA). While they do overlap, using both can give you some extra benefits. For Mandamus, you need to show that the lawsuit is the only way to solve the issue. Without an APA count, USCIS could argue that there’s another option (the APA) that could address the problem, which would weaken your Mandamus claim. Plus, if you skip the APA, the judge might insist on “exhausting all other remedies” first—basically, telling you to wait longer. Adding the APA count, though, reinforces that action is needed.
4) Serving the Process: You can’t just send documents by certified mail. You’ll need to either ask a friend or family member to serve them or hire a process server (usually around $50 per summons). This guide has some helpful links on how to get the right addresses: https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/whom_to_sue_and_whom_to_serve_in_immigration-related_district_court_litigation_2024.pdf. Plus, USCIS and DHS have emails you should send to as well.
5) Check Out Your District Court’s Rules and Resources: Make sure to read through your district court's pro se handbook, Local Rules, and any standing orders—both the general ones and any specific to the judge assigned to you.
6) Resources I’ve Found Helpful (beyond cases): I recommend checking out Sarraf Gentile LLP’s YouTube channel and their book on Amazon (I’m not affiliated with them). I’ve learned a lot from their content.
7) Another area I’m still getting familiar with is legal etiquette—things like how to respond to a motion, how to file one, and how to amend your case.