“Writ of Mandamus” !!! Suing USCIS Successfully..........

Hey Armin, I think you should definitely file for a WOM ASAP. have you done a recent congressional inquiry or something? may be that 1/15 was when they received your background check. NSC is processing people with ND of 04. regardless, I think you have a rock solid case to file for a WOM.
 
memo said:
Hey Armin, I think you should definitely file for a WOM ASAP. have you done a recent congressional inquiry or something? may be that 1/15 was when they received your background check. NSC is processing people with ND of 04. regardless, I think you have a rock solid case to file for a WOM.
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Yes i contacted my Sent office last month . I also sent a complaint letter to CIS Ombudsman as well. Should i wait another week or so to see what is going on or just go ahead and file a WOM ??? also can you please guide me where to start filling WOm ? I also want to make sure that filling WOM won't hurt my case or my current status. Thanks again
 
One more thing , Can USCIS or DHS punish me and make my case harder if i file a WOM ? I mean can WOM make them mad and make them to Screw my case harder and try to bother me.


Also , I am Married to an American Person. Can i change my case status from I-485 based on asylum to I-485 based on marriage ??? Please advise me.

Thanks
 
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I need help

I understand your frustration and agony when you started your lawsuit. I am glad that you did it and there should be more like you.
That is why I am preparing for the same course of action as you did, but I need the help of people like you who have succeeded.
Currently I am in the process of gathering info and doing my homework. I am in the same agony and feel the same frustration that a lot of people in the same situation feel. If we all raise our voices, they will be obligatecd to do something about the situation. I disagree that your success was an indication of justice. It is the indication of the justice that is being lost and needs to be restored through actions of brave people like you. Be proud of yourself.



Lazerthegreat said:
My online status this morning (06-20-2006) is as follows:

Current Status:
"On June 19, 2006, a welcome notice was mailed for this case. If 30
days have passed and you have not received this notice. Please call the
National Customer Service Center at (800) 375-5283 during business
hours."

-------------------------------------------------------------------------

But this did not come easy for me.

On May 19, 2006, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General


Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: :) “Yes I do”

Today on June 20, 2006, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

I am going to mention the process of suing USCIS in detail below. Follow the process and speak up for yourself.

My special thanks:

--- To “thankful” who helped me in this case and gave a very useful overview on my lawsuit.
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

Thank you guys! And let me know if anybody has any questions: I Will let you all know when I receive the Green Card

God Bless!!
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I need help

I want to file the WOM, but do not know if it is the right thing to do.
we started the process in Jan 04 thru my husband's employment (through a large healthcare system). By feb 05 everything was ready and on 02/07/05 the I-485 was filed. on 04/15/05 we were requested to provide some documents that we did. The USCIS claims that we have satisfied their requirements. Alas, the name check has started since. Almost two years and all our life decisions are hanging by it. my husband is all consumed by it and I am tired of calling the USCIS 1-800 number since the operators only know 2 things:
1- filing inquiry
2- recommending infopass
well, guess what?!! the one time that I was stupid enough to go on infopass they only filed an inquiry:mad: another 1000$ of hard earned money on a useless trip that only accomplished what could have been done over a free phone call!!!
We have been talking to our congressional office as well. they do not have anything to offer that we already do not know or have not done. As a matter of fact it seems like that I am training them about the immigration issues and spelling out the laws for them.
Anyways, today they told us they have nothing to offer since neither FBI nor USCIS considers this case in need of further attention. FBI says that they will not expedite the name check unless USCIS requests. USCIS says that they cannot proceed with case unless they have something from FBI. The congressman's office says that the FBI is processing the immigration cases "manually". What kind of a game is this? I am at the end of my patientce and ready to raise my voice in a lawful way. I appreciate any help to start with WOM.:confused:

memo said:
Thanks Artplus.
You are the best! you helped so much with this.
Memo
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Lazerthegreat said:
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.
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.
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully they will take action on your case and most desirably approve it.

When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. Make sure you use your district court's cover sheet. You may download it online.

While you are reading this, and filing your suit, do not get trapped in the Analysis Paralysis syndrom. Don't get scared or worried about small administrative issues. The Court knows you are a Pro Se applicant and does not expect you to be perfect. Just GO FOR IT, take the first step and things will become clearer as you go along. The first step is the hardest, but trust me, YOU CAN DO IT. I DID. :D
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Hi

Thanks for the posting , am bring to the top for the benefit of others

I was not brave enoough to file my own CSPA case, anyway the case has been filed and have a receipt/case number. Even if I win the case it will have to be sent to the NVC then onto London as son was to follow to join and is anyones guess how long that will take if law suit is approved

Does anyone know if many cases are just granted because the uscis or whoever just does not want the publicity

Any idea's how to follow case on line?

The progress of my case can be found at www.expatsvoice.org and will keep this site updated

Good luck all with your cases
 
have you received your green card

AsylumWA said:
Hi Lazerthegreat,

Can you sare some sample documants of a Writ a Mandamus? I'm preparing documents and want to make sure right language and wording. Any information will be appreciated. Thank you very much!
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My situation is similar to yours. I wonder if you have filed WOM ? have you got you green card?
 
Name Check Hewlp!!

IS there anyone who can help me. I am avictim of name check. I applied for my green card on SEP 15 2003. I had a interview in november andsince then my case has been pending because of namecheck. I have tried calling the INS but no answer. I have also tried going ot the chicago INS office but those people dont help at all. I also contacted congressman but they just said they can't help. I saw the posts and i am thinking to file writ of manmudus..is there any advice that anyone can give me...I am also looking for a copy of COMPLAINT of writ of mandumus ..please email it at sanasmer@gmail.com. I am new to all court and law stuff so any kind of help with be appriciated. PLEASE HELP ME OUT. Thanks
SANA KHAN
 
Mandamus should you use attorney

I am about to file WOM with my attorneys. They say that despite the recent USCIS memo regarding WOM, they have been filing WOMs successfully. I guess, now that the USCIS is fighting back WOM the best way to assure that you will have a chance of success is to hire attorney to do the work rather then doing it pro se. If the government responds with an objection to the WOM ( which now they do routinely), a non-attorney will have very slim chances of fighting back in a legal way. Of course, lawyers charge quite a bit for this. Mine is asking for a whopping $5500. I don't care anymore. I just want to end this agony. If you have not realized something in this country: if you cannot obtain something with money....then you are not paying enough.
 
Re: Wom

So I filed an WOM last September...soon the USCIS filed their objection and request to dismiss my case....
I filed a response to their responsive memorandum and the judge ruled in my favor. Basically giving them 30 days to adjudicate the case. When finally they had to respond, they warned that I'll recieve a letter denying my I-485 application in the next coming days.

I think CIS is pursuing a shameless retaliation against people filing WOM (I'm wondering what BS technicality they'd pull off to justify denying my I-485 after 7 years of waiting)....
Now I'd have to go hire a lawyer and file an appeal and all that stuff
Aaaarrgggh%$#$%%:mad: :mad:
 
I think you should file a Motion for Temporary Restraining Order
and Preliminary Injunction for fear of Irreparable Harm with the court as soon as possible. This will unable the CIS to reject your case and the court will take over preliminary jurisdiction.
 
PHP: 
[I][quote="SanDiegoDiver, post: 1485510"]So I filed an WOM last September...soon the USCIS filed their objection and request to dismiss my case....
I filed a response to their responsive memorandum and the judge ruled in my favor. Basically giving them 30 days to adjudicate the case.  When finally they had to respond, they warned that I'll recieve a letter denying my I-485 application in the next coming days.[/I]


Sorry to hear that!. Did you file pro se, or used attorney. I think, when they see you are not represented by attorney it is easier for them to rebut your request. Especially lately after the new memo. Get a good lawyer and fight. Good luck!
 
Be careful with Mandamus

I was ready to pay $5500 to my attorney for the process but I learned from a local attorney that in my state the presiding judge is very hostile towards mandamus for AOS and basically has closed the door for such cases going through. I am lucky I learned that before I payed my attorney the full amount. Research the court records for similar cases and see how are they adjudicated. It is very district specific.
 
WOM and CIS retaliation

CIS has continued their retaliation :)
Summary,

filed WOM in Aug./2006 (Pro Se):eek:
CIS responds with Motion to Dismiss (Oct.2006) :rolleyes:
Counter Response (Dec. 2006) :)
Judge ruling in my favor ordering CIS to adjucate the case (June, 2007) :)
Well: it only said adjucate the case so:

Case denied (July,2007) :confused:
----
Very strange and shows a very dangerous attitude towards people who file WOM.
Now I'm looking for a lawyer who would assist with filing an Adminstrative Appeal, etc...
What a pain and waste of money and time!
 
:( what? they denied your case? based on what? how can they do that if the judge ruled in your favor?
Soory to hear this
 
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