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

almakek

Registered Users (C)
To All,

I have recently found this forum very useful and informative. A lot of thinks would changed my case if I new about all of this valuable information a month ago.

I would like to share my story with you
I applied for my green card in 2005
I filled a writ of mandamus on Jan 2010, to have my green card adjusted
I received the second finger print notice after two month of filling the writ
I received a notice from the TSC, informing me that my case has been transferred to the local SC where I reside.
After a week I received another notice for green card interview at that local service center.
I was very optimistic, happy and full of hope that they will approve my green card application immediately.
The unexpected happened when the interview started.
The immigration had questioned me about my old asylum case. Actually they asked me about every thing concerning my political party.
After one week period of the interview, I received a phone call from my attorney. Telling me that he has disturbing news to me, he received phone call from USCIS attorney office advising me to dismiss the law suit other wise I will receive a letter of denial. The reasons are my party is a terrorist. My case will be holding until further review is made to check the involvement of my party to the list of terrorist.
I thing I definitely went wrong with the interview that why they did not approve my case. I just gave them exactly what they wont
 
WOM Process

Deleted the response - not required Thanks

To All,

I have recently found this forum very useful and informative. A lot of thinks would changed my case if I new about all of this valuable information a month ago.

I would like to share my story with you
I applied for my green card in 2005
I filled a writ of mandamus on Jan 2010, to have my green card adjusted
I received the second finger print notice after two month of filling the writ
I received a notice from the TSC, informing me that my case has been transferred to the local SC where I reside.
After a week I received another notice for green card interview at that local service center.
I was very optimistic, happy and full of hope that they will approve my green card application immediately.
The unexpected happened when the interview started.
The immigration had questioned me about my old asylum case. Actually they asked me about every thing concerning my political party.
After one week period of the interview, I received a phone call from my attorney. Telling me that he has disturbing news to me, he received phone call from USCIS attorney office advising me to dismiss the law suit other wise I will receive a letter of denial. The reasons are my party is a terrorist. My case will be holding until further review is made to check the involvement of my party to the list of terrorist.
I thing I definitely went wrong with the interview that why they did not approve my case. I just gave them exactly what they wont
 
Last edited by a moderator:
I485 Lawsuit

Hi Lazerthegreat
How you prepared the lawsuit? Your self or attorney? Please let me know the details.

Cheers...


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!!
 
GC application (based on Asylum) stuck, but married to USC #

After months of reading posts on this blog, I finally decide to ask questions:
My GC application (based on Asylum) has been stuck with the USCIS since April 2008 (almost 3 years), and I've exhorted all means for inquiries (Senators, InfoPass, Letter to USCIS Field Director, etc). However, I guess I still have two (or 3) options:
1- Filing a WOM to have USCIS adjust my status or
2- Have my USC wife file for me to adjust my status. We have been married for 3 years!
3- Do (1) and (2).

Any advise would be much appreciated.

Thanks
 
Armin78,

Ohhh man.... we have similar case. My GC application (based on asylum) has been stuck with USCIS for almost 3 years; and I am married to a USC since 2007!
I am still exploring options with my lawyers - I post whatever I found.

Thanks
 
Allowing my writ petitions, Delhi High Court passed an order thereby setting aside the orders of passport authority putting the passport of the petition under PAC category for five years for applying political asylum in a foreign country. This judgment would bring relief to thousand of applicants especially from Punjab who cannot apply for passport for 5 years as they had applied for political asylum in a foreign country. rule of law prevails.
 
Hello everybody
Guys,I need to sue USCIS for denial of TPS &EAD,Can I sue them at fedral court or immigration court,do I have to appeal the decision with the USCIS before proceeding to court or to proceed directly to court.Please help
 
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
Hi Laserthegreat, My case is pending since 2014, I saw your post and I did what exactly you said, but the clerk told me that the court is going to serve the packets to the defendants. Now it has been one month and no news from court. I called the court several times, and they said my file is pending for the judge review to be ordered. Should I go ahead and mail a copy of the packet myself to the defendants or should I wait for the judge order. I really appreciate your help.

My timeline is
Applied asylum in February 2014
Interview in March 2014
2nd fingerprint April 2015
Still waiting for decision
November 2016 filled WOM
 
Hello Lazerthegreat,

I hope you are well (and have not abandoned this forum)! I have read everything on this thread and another one about suing USCIS, which was actually suggested by a lawyer to me in the first place. My very simple family based I-485 application has been pending for almost 3 years now, I've exhausted every method trying to get USCIS to respond, infopass x 10, phone calls x 5, senatorial inquiry...Still pending. Anyway, long story short, the lawyer's fee is too much to afford, and I am thinking about doing this on my own. I'd really appreciate it if you can email me the lawsuit that you filed. Could you please send it to 122731975@qq.com? I would be forever grateful if you see this and help. Wishing you all the best!
 
Hello Lazer,

Congratualtions by the way.

I need your help. Is there any chance that you can provide me a copy of the draft for the below ?
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

The reason why I would like to get a copy of the draft is because I had my interview for Citizenship last 10/28/2016 and I received an N-652 form indicating "A decision can not be made at this time". And, it is already over 120 days and I did not get any response from the USCIS. I tried to contact the USCIS customer service and all 6 customer service representative that I talked to gave me 6 different insignificant answers. As of right now, I just wrote a letter to the Ombudsman. At the same time I am preparing to file a Writ Of Mandamus to USCIS. I will just represent myself since hiring a lawyer is too expensive. And i know that I will win this case because it is clearly over 120 day and I still don't have any response from the USCIS.

I would really appreciate your help on this.

Thank you.
Sincerely,
Alucard26
 
Alucard26, have you made any InfoPass appointments to talk with a field officer?If you call customer service, your call is directed to the national center, while all the information of you case would be with the local field office. I have made a couple InfoPass appointments. Whether they are helpful depends on the officer that you get to meet with. And make sure you ask for a record of the appointment. It serve as evidence of your trying to resolve problems through administrative channels.

Hello Lazer,

Congratualtions by the way.

I need your help. Is there any chance that you can provide me a copy of the draft for the below ?
--- To “14ksusha” who provided me with a copy of her attorney filed lawsuit
--- To “Windywd” who has provided a draft for preparing my lawsuit

The reason why I would like to get a copy of the draft is because I had my interview for Citizenship last 10/28/2016 and I received an N-652 form indicating "A decision can not be made at this time". And, it is already over 120 days and I did not get any response from the USCIS. I tried to contact the USCIS customer service and all 6 customer service representative that I talked to gave me 6 different insignificant answers. As of right now, I just wrote a letter to the Ombudsman. At the same time I am preparing to file a Writ Of Mandamus to USCIS. I will just represent myself since hiring a lawyer is too expensive. And i know that I will win this case because it is clearly over 120 day and I still don't have any response from the USCIS.

I would really appreciate your help on this.

Thank you.
Sincerely,
Alucard26
 
Hello Tristahooper,

I canceled my appointment to infopass. And i heard that infopass is a waste of time. I don't want to drag this any longer. Because it's been almost (4) months form now since my interview and i still don't have any answer from USCIS. And it also clearly indicates at the bottom of the N-652 from that you can file a Judicial complain if there is no adjudication within 120 days . As of right now, I am preparing all the necessary paperwork to file a suit to USCIS.
 
Hi Lazer , I’m on the same situation more than 180 days ( 1 year now) no replies or anything about our case. I read that you sued USCIS and I’m interested in doing the same , I exhausted all resources and made a lot of calls and no one seems to care. Please can you send me the draft so I can have an idea on how to write the mandamus? funspanish@yahoo.com thanks for your help
 
Hello Tristahooper,

I canceled my appointment to infopass. And i heard that infopass is a waste of time. I don't want to drag this any longer. Because it's been almost (4) months form now since my interview and i still don't have any answer from USCIS. And it also clearly indicates at the bottom of the N-652 from that you can file a Judicial complain if there is no adjudication within 120 days . As of right now, I am preparing all the necessary paperwork to file a suit to USCIS.
I had my interview 1 year ago, nothing yet.
Attorney says is better not to do anything just wait.
He said if you do too many inquiries it can get delayed even more.
I would not sugest suing until you have a great attorney and a very serious reason for doing it other than 120 days, that is a joke compared to what other people wait.
Good Luck!
 
Hi Lazer , I’m on the same situation more than 180 days ( 1 year now) no replies or anything about our case. I read that you sued USCIS and I’m interested in doing the same , I exhausted all resources and made a lot of calls and no one seems to care. Please can you send me the draft so I can have an idea on how to write the mandamus? funspanish@yahoo.com thanks for your help
Same here, 1 year. :(
 
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