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

Lazerthegreat said:
Thanks guys for your support.

I have a question; Can somebody apply for Re-entry permit while having a valid RTD?
Click to expand...



No you cannot. You will lose the application fee and have the application denied.

You need to surrender the RTD first.

See 8 CFR 223.2(c)(1):

Prior document still valid. An application for a reentry permit or refugee travel document shall be denied if the applicant was previously issued a reentry permit or refugee travel document which is still valid, unless it was returned to the Service or it is demonstrated that it was lost
 
Last edited by a moderator:
First of all Congratulations to "Lazerthegreat" on getting so called imposible one.... GC...

By looking at this incident I also got inspiration of suing USCIS.

My case in brief.

Started my US life in Mar 1997. Got 140 approved in 2000 but got laid off by the amer. co. And started the GC again with a desi comp and had lot of headaches with the 7th yr ext. because from the time of filing to exp...had only 11 months, and to substitute that bought a sub labor from the same employer and got rejected ext twice and got ext for me and H4 got denied in 2004. Finally filed 140 and 485 in 2004 Feb, got 4 RFEs on EAD and 131s in last 2 years on various things.
In Mar 2005 got an RFE saying that there is no original labor in the pack of 140 papers from VSC, replied in June 05 to request dep. labor for the duplicate labor, but surprisingly they denied my 140 in feb 2006(whole case) saying that they were not indicated where the Labor copy or where they can find it, filed MTR in Mar 06 and do not know how long I need to wait for my 140 (2001 Oct PD - EB2 case). 2nd EAD expired 2days back and waiting for 3rd EAD (another 25 days remaining for filing of 3rd EAD). Tomorrow i last day for the present contract job. When I enquire for my I-290 they say it may take more than 16mos. and do not have 131 to travel to India till then. So far , inclding labor and sub labor and all these exps..costed me around 24K(whether you believe it or not....).

BTW, I got the inspiration after seeing this suing of USCIS, please help me to fight for my rights.

I do not know how far it is fair to ask you guys to help me sue USCIS and VSC for my I-140.

Only if it is possible, please help me to get a copy of the filed lawsuit ("14ksusha", "thankful", "Windywd" and "Laxerthegreat").

*********************************************************
Please help me to see the light in this endless dark tunnel journey.....
 
Last edited by a moderator:
Lazerthegreat, thankful, 14ksusha, Windywd and all other gurus, please help !!!!

Please help me to get more details on "Case Pro Se package". I was able to locate Civil Pro se package but I would like to get more details on this.

Please provide me copies of lawsuit or help me to prepare my lawsuit.

What exhibits I need to add along with my lawsuit if I have to. Do I have to give all the copies of my cases.

Please do not think that I'm bugging all of you, I hope all of you can understand my pain also, after 10 yrs of paying taxes in this country, now I'm unable to go to our country if I've to go for any emerdency, due to lack of 131 doc(no H1, stopped it last yr ,after that only got the first RFE on I-140).
 
Last edited by a moderator:
YRGOPAL said:
Lazerthegreat, thankful, 14ksusha, Windywd and all other gurus, please help !!!!

Please help me to get more details on "Case Pro Se package". I was able to locate Civil Pro se package but I would like to get more details on this.

Please provide me copies of lawsuit or help me to prepare my lawsuit.

What exhibits I need to add along with my lawsuit if I have to. Do I have to give all the copies of my cases.

Please do not think that I'm bugging all of you, I hope all of you can understand my pain also, after 10 yrs of paying taxes in this country, now I'm unable to go to our country if I've to go for any emerdency, due to lack of 131 doc(no H1, stopped it last yr ,after that only got the first RFE on I-140).
Click to expand...

On this forum, you would mostly find experts who have been involved in obtaining GC thru Asylum. Immigration law is very complex and what applies in Asylum cases may not apply in work visa cases.

And make no mistake:filing a lawsuit is not joke. Do your research and make sure that you deserve to file lawsuit. I did months of research and gathering proof (took me number of years). Otherwise it can work against you. I have provided information at the start of this thread how to generally file lawsuit ProSe (yourself). Gathering your case information is something you have to do. And believe me if you are not sure what you are doing, hire an attorney instead of seeking advice in an internet forum. The help that I sought from these people on the forum was result of watching this forum for 4 years and helping other whenever I could.

I am not trying to shrug you off but giving you an honest recommendation that you are asking for advice at the wrong place.

Good luck.
 
I received 3 emails this morning that an "Approval Notice has been mailed".

Whats the difference between "welcome" and "approval" notice. And when they would mail my GC??? :confused:
 
Lazerthegreat said:
I received 3 emails this morning that an "Approval Notice has been mailed".

Whats the difference between "welcome" and "approval" notice. And when they would mail my GC??? :confused:
Click to expand...


Do not worry--you will get your card soon. :)
 
thankful said:
Do not worry--you will get your card soon. :)
Click to expand...

I am more pro-active than ever.... I just called Nebraska Service center and "incidently" met with a nice I/O :eek:
He told me that my card was completed yesterday 06/22 and has been mailed. So my GC must be having a nice truck ride on another govt. vehicle (usps)... hopefully they will deliver it in few days, safe & sound... :D ;)
 
Lazerthegreat said:
I am more pro-active than ever.... I just called Nebraska Service center and "incidently" met with a nice I/O :eek:
He told me that my card was completed yesterday 06/22 and has been mailed. So my GC must be having a nice truck ride on another govt. vehicle (usps)... hopefully they will deliver it in few days, safe & sound... :D ;)
Click to expand...


Do not forget the people who are still waiting (this is what motivates me to visit this forum on a constant basis).

Hopefully in four years you do not have to file another writ to get your citizenship approved.
 
Lazerthegreat said:
On this forum, you would mostly find experts who have been involved in obtaining GC thru Asylum. Immigration law is very complex and what applies in Asylum cases may not apply in work visa cases.

And make no mistake:filing a lawsuit is not joke. Do your research and make sure that you deserve to file lawsuit. I did months of research and gathering proof (took me number of years). Otherwise it can work against you. I have provided information at the start of this thread how to generally file lawsuit ProSe (yourself). Gathering your case information is something you have to do. And believe me if you are not sure what you are doing, hire an attorney instead of seeking advice in an internet forum. The help that I sought from these people on the forum was result of watching this forum for 4 years and helping other whenever I could.

I am not trying to shrug you off but giving you an honest recommendation that you are asking for advice at the wrong place.

Good luck.
Click to expand...

With all the due respect, I disagree that "it could backfire." If it is not resolved within 60 days (or whatever the extension they seek.), it goes to trial. and you can always retains an attorney (if you really need to). Even if you lose (which is as unlikely as they approve you within days), remember, you file the case to ask the court to adjudicate your case (not approval or denial), so you will be told "we don't have enough info to adjudicate your case." if the judge agrees, of course.

In this country, people are suing governement every day. You can name George W. Bush as defendant as you want (of course, the judge would most probably dismiss him as a co-defendant, the proceed with the remaining.)

It is no big deal. You can do it. The first step is so hard, but it is not that you have to pay someone or go to the moon to file it.
 
Lazer and Thankful

Lazer and Thankful, the reason I said that you can have both Reentry Permit and RTD is because I tend to agree with the point that Wantmygcnow brought up in his posting in the following thread,
http://boards.immigrationportal.com/showthread.php?t=206728&highlight=Reentry+Permit
Also, if they follow the rule that Thankful mentioned, how come so many people were able to have two valid RTDs at one time. I have done that myself where I had the new RTD while my previous still had few months left. The reason I gave them was that I can't return my RTD yet because I have travel plans in the near future.

12th March 2006, 12:28 AM
wantmygcnow
Registered User Join Date: Jun 2003
Posts: 1,803

Those who have renewed NP, Please answer.

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

I dont' really want to renew my NP however I may have to if Swiss embassy doesn't issue visa on the RTD(it expires on August 23 and they require passport valid at least 3 months after you exit out of Switzerland). They dont accept Rentry PErmits.

My question is this, If you renew your NP, does it mean you can't get a RTD? Since in the I-131 it asks if you have renewed your NP. You have to write Yes.

And my goal is to get a Security Clearance in the future when I beocme a USC. You think renewing NP may hurt the chance to get a secret clearance?

Also can you have a RTD & Rentry Permit both in hand? In I-131, it only says that You can't have a RTD if you have one valid in hand... and you can't have a Rentry Permit if you have one valid in hand...COnfusing!! It doesn't say You can't have a valid RTD and a valid Rentry Permit in hand.
 
Last edited by a moderator:
Shamshon already tried that and was denied.

Though everyone is free to experiment and lose the application fee.


Punjabi_Munda said:
Lazer and Thankful, the reason I said that you can have both Reentry Permit and RTD is because I agree what Wantmygcnow said in his first posting in this thread,
http://boards.immigrationportal.com/showthread.php?t=206728&highlight=Reentry+Permit

12th March 2006, 12:28 AM
wantmygcnow
Registered User Join Date: Jun 2003
Posts: 1,803

Those who have renewed NP, Please answer.

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

I dont' really want to renew my NP however I may have to if Swiss embassy doesn't issue visa on the RTD(it expires on August 23 and they require passport valid at least 3 months after you exit out of Switzerland). They dont accept Rentry PErmits.

My question is this, If you renew your NP, does it mean you can't get a RTD? Since in the I-131 it asks if you have renewed your NP. You have to write Yes.

And my goal is to get a Security Clearance in the future when I beocme a USC. You think renewing NP may hurt the chance to get a secret clearance?

Also can you have a RTD & Rentry Permit both in hand? In I-131, it only says that You can't have a RTD if you have one valid in hand... and you can't have a Rentry Permit if you have one valid in hand...COnfusing!! It doesn't say You can't have a valid RTD and a valid Rentry Permit in hand.
Click to expand...
 
Hello Everyone! I have completed the final leg of this Green Card journey. I have my plastic GC in hand today.

I again want to thank everybody on this board because I have learnt a lot from this place. (maybe more than I could have ever learnt from an attorney).

I will be a regular contributor though. Please let me know if I can help you guys in any way.... :)

Good luck to everyone who is still in queue for GC. Victory will be your way some day, therefore maintain your patience and you'll get there.
Very best,
 
You must log in or register to reply here.
Top