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

Lazerthegreat
I have my plastic GC in hand today.
Finally! Congratulations! :cool:
 
yyliu88 said:
just a question, do we have to file summon along with the lawsuit or the court will prepare for u and mail to u?


thanks alot!
Click to expand...

You can take your lawsuit and properly filled summons to the court clerk. Usually summons are available at the federal court house website of your district. If not check with the clerk. Phone him and ask him where you could get summons. You would have to file summons for each party that you are suing. Once you bring your lawsuit (however many sheets of paper) and properly filled summons, clerk will prepare a "Civil Cover sheet" and assign your case a number and a judge. If a clerk assign you a district magistrate, you can ask them to assign you a full-fledge judge. Some courthouses want Civil Cover sheet filled out already as summons, therefore I am recommending to call the clerk first and make sure that you are bringing all the documents.

Then you would be required to mail original summons to the party you are suing along with the lawsuit via certified mail. Once you receive those certified mail receipts (ironically these are also called "green cards"), you submit these original green card to the court alongwith the certificate of service.
I am attaching a summons from my federal district. But use summons from your district only.
 
Just wondering...

I am very tempted to do the same but just wondering if there will be any residual effects for pursuing a writ. I mean will I be given a hard time when applying/ interviewing for citizenship if the IO finds out that I have tried to sue the government/ agencies?
 
talie777 said:
I am very tempted to do the same but just wondering if there will be any residual effects for pursuing a writ. I mean will I be given a hard time when applying/ interviewing for citizenship if the IO finds out that I have tried to sue the government/ agencies?
Click to expand...

Retaliation is illegal. So they can't hold anything against you when citizenship times arrives. I don't think that they even keep track of all the law suits and which GCs were issued as a result of lawsuit and which ones not.

Maybe "thankful" can throw some more light on this...
 
talie777 said:
I am very tempted to do the same but just wondering if there will be any residual effects for pursuing a writ. I mean will I be given a hard time when applying/ interviewing for citizenship if the IO finds out that I have tried to sue the government/ agencies?
Click to expand...

I believe it works the other way around. People are complaining about how rude of the IO is in district office. You know, some of them do think since you are immigrant, you are begging for whatever the benefits, they treat you like a dirt. Once they know you brought lawsuit against them, they will feel you do have rights. Retailiation? They'd better find something that they can. I have never gone back, no renewal of NP, registered for selective service, never arrested, find something and I will award them 1,000 bucks!
 
Lazer...I just had a chance to read this thread ... Congratulations for taking such a bold step....It could be a real good encouragement for the peopel who are still stuck in the loops.... Also congrats for your new status :)
 
Singh6 said:
Lazer...I just had a chance to read this thread ... Congratulations for taking such a bold step....It could be a real good encouragement for the peopel who are still stuck in the loops.... Also congrats for your new status :)
Click to expand...

thanks singh! it was formidable at the beginning but now it seems not very difficult. This is what this country about, getting your rights. And I think that most of us filed for asylum because of this very reason to have some rights.

but anyway it has boosted my self-confidence hugely that you can even take on government if you feel that your rights are violated.
 
I-K-A-K-O said:
Ok people believe it or not i am going to sue USCIS. As you see from my signature, i waited for my initial asylum interview for a 2.5 years. I think the fact that I waited 2 & ½ years to prior to even being given an asylum interview is significant in that most interviews take place within a month or two upon submittal..And this should be very good reason to sue them now. Any advices will be appreciated.
Click to expand...

USCIS website shows that they are processing may 2001 cases right now. Make sure that you have exhausted all remedies before your pursue this path.
 
Lazerthegreat said:
USCIS website shows that they are processing may 2001 cases right now. Make sure that you have exhausted all remedies before your pursue this path.
Click to expand...

It is July 2001
 
Lazerthegreat said:
USCIS website shows that they are processing may 2001 cases right now. Make sure that you have exhausted all remedies before your pursue this path.
Click to expand...

Lazer,

Did you mean for those whose ND are later than May 2001 but stuck in CIS or FBI there will be less chance to win WOM ? Thank you. Please check your PM.
 
I-K-A-K-O said:
The reason to sue them in my case is not a I-485 precessing delay, but the fact that i waited for 2.5 years for my initial asylum interview. If i had my first interview on time my ND now would be 2003 not 2005.
Click to expand...

I-K-A-K-O! I am not trying to be in-sensitive here but to sue USCIS just to prove a point is a waste of time and useless excercise. The purpose of lawsuit should be to get a benefit out of it NOT to prove a point. I know how emotional ruined we become after waiting & waiting, and believe me, I have been there.

But just think about it. If you sue them that USCIS had you wait 2.5 years for interview, what are you trying to get out of it. They will never back date your GC 2.5 years because they cannot legally. In my case I had a clear benefit out of this lawsuit i.e. to GET THEIR DIRTY ASSES MOVING.
So I had a clear objective and was 99.9 sure that they would issue me a GC as a result (as my plate was clean). So its my recommendation to clearly identify a benefit that you expect to get to for suing. And if you are just trying to get some mental satisfaction out of it then its your prerogative.

good luck
 
GrassRoot said:
Lazer,

Did you mean for those whose ND are later than May 2001 but stuck in CIS or FBI there will be less chance to win WOM ? Thank you. Please check your PM.
Click to expand...

Exactly GrassRoot! They can just say that we are not there yet even though your case might be stuck in namecheck!! We all know that USCIS has approved some 2004 cases so how come they have July 2001 on their website. Do you think its an accident or over-sight on USCIS's part... NO
they know that would have a flood of lawsuits if they update the date. So this july 2001 date is just an excuse.
 
I-K-A-K-O said:
If i do this i am going to hire lawyer. I am not going to do it myself. So it's gonna be waste of money not time and it's ok. GC is more then money for me. I think my benefit in this case should be to get GC sooner because of the 2.5/y delay, not a mental satisfaction.
Click to expand...

Go for it... :D
 
GrassRoot said:
Lazer,

Did you mean for those whose ND are later than May 2001 but stuck in CIS or FBI there will be less chance to win WOM ? Thank you. Please check your PM.
Click to expand...

Grassroot,

As long as you have a "good" reason for expediting your case, and you actually did make a request. They either rejected/had no response or agreed but not acting, you should be able to demonstrate to the court that the court needs to review your case.

In my case, although my asylum was approved in Jan 05 and my ND is Jan 06, I made an expedite request and it was granted: "It was determined that your application is eligible for special processing..." However, the "special" processing turned out to be "no action". I sent them a warning letter saying that I would sue them if my application was not adjudicated within 30 days. I filed lawsuit simply to maintain my credibility that I act on my demand letter.
 
Last edited by a moderator:
ernorman said:
Grassroot,

As long as you have a "good" reason for expediting your case, and you actually did make a request. They either rejected/had no response or agreed but not acting, you should be able to demonstrate to the court that the court needs to review your case.

In my case, although my asylum was approved in Jan 05 and my ND is Jan 06, I made an expedite request and it was granted: "It was determined that your application is eligible for special processing..." However, the "special" processing turned out to be "no action". I sent them a warning letter saying that I would sue them if my application was not adjudicated within 30 days. I filed lawsuit simply to maintain my credibility that I act on my demand letter.
Click to expand...

Ernorman,

Thank you for the message. I agree with you. I think you have good chance if you are not stuck by name check. If stuck by name check, this can still serve as a push. Keep up good spirit. I have confidence in your pursuit.
 
ernorman said:
Grassroot,

As long as you have a "good" reason for expediting your case, and you actually did make a request. They either rejected/had no response or agreed but not acting, you should be able to demonstrate to the court that the court needs to review your case.

In my case, although my asylum was approved in Jan 05 and my ND is Jan 06, I made an expedite request and it was granted: "It was determined that your application is eligible for special processing..." However, the "special" processing turned out to be "no action". I sent them a warning letter saying that I would sue them if my application was not adjudicated within 30 days. I filed lawsuit simply to maintain my credibility that I act on my demand letter.
Click to expand...

What exactly is an 'expedited request'? Your ND is January 06? You are demanding your GC? I hope the USCIS will make you wait 5-6 years. You are pushing and whining about something that you are not entitled to yet. Can you just be patient and wait in line before other people, who have been waiting much longer let's say since the mid 90s, get their GCs. Shame on you!
 
14ksusha
Cannot agree more!
ernorman
You need to have, at least, some decency! There are still thousands of us waiting from the last century! You haven't even started waiting compared to us! :mad:
 
ernorman said:
Without knowing my case, please refrain from commenting negatively. Even USCIS agreed, without any doubt, that my case needs to be expedited based on "national interest situation".

http://www.uscis.gov/graphics/fieldoffices/expedited.htm

Any reasonable person, including federal judge, would agree that.
Click to expand...

I don't see your criteria there: a whining asylee. Could you specify what other criteria do you fall under? 'National interest situation'? What would that be, just give me a hint!
 
14ksusha said:
I don't see your criteria there: a whining asylee. Could you specify what other criteria do you fall under? 'National interest situation'? What would that be, just give me a hint!
Click to expand...


that's just what it means: "national interest situation." many things can fall under this category, and obviously he doesn't want to disclose. so stop nagging him....
 
You must log in or register to reply here.
Top