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

spilsberg777

New Member
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!
hey guys! - can I ask you to send me a copy of that filed WOM too? ) thanks in advance
 

alexlowen66

New Member
Hello guys,
That's an awesome subject, my case is stuck after my interview in 08/19, I have exhausted all my options here, can you please help me with the forms to file Writ of Mandamus, I can't afford $5000 that my lawyer is asking for.
 

7of9

Active Member
Hello guys,
That's an awesome subject, my case is stuck after my interview in 08/19, I have exhausted all my options here, can you please help me with the forms to file Writ of Mandamus, I can't afford $5000 that my lawyer is asking for.
People have been waiting for 3+ years after interview. Your case is not unique. Everyone is waiting.

We have discussed the issue of suing USCIS before. If you have the time, the resources, sue them to get your case resolved. However, for most people, suing USCIS is not recommended - it's expensive, etc. Anyway, good luck.
 

zman44

Active Member
Hello guys,
That's an awesome subject, my case is stuck after my interview in 08/19, I have exhausted all my options here, can you please help me with the forms to file Writ of Mandamus, I can't afford $5000 that my lawyer is asking for.
You haven't even been waiting for 1 year after the interview. Do not waste time or money suing USCIS now. Save your time and pennies. Suing USCIS is only a "maybe" option really if you've been waiting 5+ years after the interview.
 

Asylum seeker

Registered Users (C)
It's been 5 years since applied for asylum and a little bit over a year since interviewed in the Chicago office. I knew my case has an assessment for grant asylum by the asylum officer and just waiting for the supervisor's review and my attorney spoke with the asylum officer at the beginning of this year and he informs him that and my attorney has a letter or document from them confirming that, but the problem every time we inquire after that they tell us they are waiting for the background check to be completed.

Since I applied for asylum in 2015 and interviewed in 2019
Tried both the Ombudsman office and the senator office, Nothing helped.
Knew my case has an assessment to grant asylum by the asylum officer and only waiting for the supervisor to review it.
The asylum office says they are waiting for the background check to be completed and they can't tell how long that going to take.

Does anyone think sue the USCIS by file a writ of mandamus now is a good idea in my situation and may help me? Or maybe this cause a backlash from the asylum office toward my case even if my case is strong and I may end up getting a denial even if my case was supposed to be approved.
 

zman44

Active Member
It's been 5 years since applied for asylum and a little bit over a year since interviewed in the Chicago office. I knew my case has an assessment for grant asylum by the asylum officer and just waiting for the supervisor's review and my attorney spoke with the asylum officer at the beginning of this year and he informs him that and my attorney has a letter or document from them confirming that, but the problem every time we inquire after that they tell us they are waiting for the background check to be completed.

Since I applied for asylum in 2015 and interviewed in 2019
Tried both the Ombudsman office and the senator office, Nothing helped.
Knew my case has an assessment to grant asylum by the asylum officer and only waiting for the supervisor to review it.
The asylum office says they are waiting for the background check to be completed and they can't tell how long that going to take.

Does anyone think sue the USCIS by file a writ of mandamus now is a good idea in my situation and may help me? Or maybe this cause a backlash from the asylum office toward my case even if my case is strong and I may end up getting a denial even if my case was supposed to be approved.
I wouldn't consider suing until you've been waiting 2 full years after the interview. I know it sucks, but just be patient. Remember that when you file a writ of mandamus you're forcing USCIS to make a decision on your case, not a approve your case. So if the background check isn't completed, there's nothing they can do and they could easily deny the case. In the meantime, I would suggest you raise an inquiry every 2 months or so just to stay on their toes. If 2 full years pass, then I would consider suing them. At that point, 2 years would have been more than enough time to complete the background check and no reasonable judge would say they can take forever. That's my $.02.
 

Asylum seeker

Registered Users (C)
I wouldn't consider suing until you've been waiting 2 full years after the interview. I know it sucks, but just be patient. Remember that when you file a writ of mandamus you're forcing USCIS to make a decision on your case, not a approve your case. So if the background check isn't completed, there's nothing they can do and they could easily deny the case. In the meantime, I would suggest you raise an inquiry every 2 months or so just to stay on their toes. If 2 full years pass, then I would consider suing them. At that point, 2 years would have been more than enough time to complete the background check and no reasonable judge would say they can take forever. That's my $.02.
Thank you for your reply and input. I will do as you advise me. Hopefully, I wouldn't need to sue them and get their decision soon before passing 2 years after the interview date.
 

zman44

Active Member
can I sue USCIS for not getting the interview for almost 6 years?
If you have been waiting for the interview for almost 6 years, yes, this would be a very acceptable time to file a suit. Have you tried to contact USCIS by any means so far - inquiry, email, congress rep, ombudsman?
 

Mikejoe

Member
If you have been waiting for the interview for almost 6 years, yes, this would be a very acceptable time to file a suit. Have you tried to contact USCIS by any means so far - inquiry, email, congress rep, ombudsman?
YES, and I send them request to join standby list by email last month, and I never got the reply even though I asked them 3 times what is my status of the standby list, now the standby list is closed, and I still did not get reply by them,
 

zman44

Active Member
YES, and I send them request to join standby list by email last month, and I never got the reply even though I asked them 3 times what is my status of the standby list, now the standby list is closed, and I still did not get reply by them,
It's usually a good idea to have tried to contact them by other means before a lawsuit. So yeah, I would say you have a good chance of having the interview scheduled if you do. Contact an attorney and see wha they suggest. Keep in mind in this particular case the lawsuit is just to schedule the interview, not for a decision on the merits of your case. Even if a lawsuit forces them to grant you an interview, you could still wait 1 year or more for the final decision. But yeah, the sooner you get the interview the better. And almost 6 years wait time is ridiculous.
 

Mikejoe

Member
It's usually a good idea to have tried to contact them by other means before a lawsuit. So yeah, I would say you have a good chance of having the interview scheduled if you do. Contact an attorney and see wha they suggest. Keep in mind in this particular case the lawsuit is just to schedule the interview, not for a decision on the merits of your case. Even if a lawsuit forces them to grant you an interview, you could still wait 1 year or more for the final decision. But yeah, the sooner you get the interview the better. And almost 6 years wait time is ridiculous.
thank you, I will talk to a lawyer. I guess it is the only way to get the interview, they cannot even finish interview new cases, its hopeless for people who submitted case in 2015.
 

ponpo

Active Member
thank you, I will talk to a lawyer. I guess it is the only way to get the interview, they cannot even finish interview new cases, its hopeless for people who submitted case in 2015.
seems pretty unusual, where is your filing office?
 
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