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

Experts,
Do would serve these people? Do I mail them or the Court Clerk would mail them? The Central District of California has prepared proof of service and it say" I am not a party of action"!!! I was wondering if I would be serving these people.
Thanks,
Memo
 
Hi,

Thanks so much for letting us know the exact steps of filing a Writ of Mandamus. Its indeed a great help to all those who have been in the similar situation like yours. I have few questions here before I follow the steps:

1. Do I need to need to visit Federal Court in person where I am staying or where my I485 was filed. (Mine was filed from Washington State but curretnly staying in California)?

2. Writ of Manadamus are filed with United States District Court and you stated Federal court.... which one to select? If District Court then I will have to select District court of Washington to file this writ?

3. Can we just call Federal Court rather than in person visit... please advice?

4. Can we mail the filled Civil Cover sheet and the Writ (in MS Word) to Fed /Distrcit court and file the writ or need to go in person?

5. Elaborate more on US Attorney and where to get their details?

Your prompt response in this regard will be greatly appreciated.

Thanks and regards,

Abansal :confused:
 
More questions in regard to Mandamus Writ

Hi Lazerthegreat,

Thanks much for your putting up all the steps and details together as how to file a Mandamus Writ. I was thinking of filing the same since my I485 petition has been pending with NSC for more than 33 months now.. I have few questions here which will help me file a Writ faster and follow the stpes you mentioned:

1. I stay in Seattle but my I485 was filed from Nebraksa Service Center.
Which District court should I file my Mandamus Writ?

2. Does the Writ needs to be filed (District Court of Washington in my case)
where Plaintiff resides?

3. Do we need to visit District court in person to file this Writ or can call
Federal court to send us the Pro Se package by mail at my address? Can
Pro Se package be downloaded freely from web site?

4. What is a Certificate of Service and how and when to file it in the court?

5. Can you send a copy of your Writ filed to my personal email. Will you
have time to review the one I drafted for my case?

Your prompt response to above queries will be greatly appreciated and help me move faster to file Mandamus Writ.

Thanks again for your sparing valuable time and help.

Best regards,

abansal0211

*********************************************************

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!!
Click to expand...
 
Do I need to wait for PD to be current before filing WOM

Hi,

Can anyone suggest here in this forum if I do need to wait for my PD to be current before filing a WOM? My spouse's (being a Principal Applicant) I485 got approved Mar 2005 and mine (partial dependent) still pending and going thru current Retrogession. Its been more than 33 months ever since my I485 has been filed with NSC.

Que: Do I need to wait for my PD to be current before filing a WOM?

Que: Will USCIS check for my PD after a WOM is filed before making a
decision since my spouse's I485 got approved last year?


I'm all set to file WOM just waiting for the above queries to be answered. Please advice ASAP...

Best regards,

A :(
 
Update on my WOM

Hello, today I received a letter from the USCIS informing me that I need to go have the fingerprints taken again because my last prints expired on 06/14/2006! I also received a letter asking me to show up with my wife at the local USCIS office with my passport and id on Tuesday 12/05/06.
I'm not sure, but I really think this is it! I think after filing my WOM on 11/01/06, the USCIS has finally "remember" my application and all of a sudden realized my fingerprints had expired ALMOST 6 MONTHS AGO!!!
I really think fiing the WOM made it for me. But I don't want to be too optimistic. I'll go prepared for anything on 12/05/06.
I'll keep you guys posted on any update.

artplus
 
response to government response

So how do you respond to these arguments (they are just throwing the technical b.s. at me now)

-That becasue I'm an alien I don't hold residence and therefore the court has no jurisdiction over my case :cool:

- That "again" therefore the gentelmen I'm suing don't hold offices where I reside and therefore they are outside the court jurisdiction. :confused:

-Their last technical B.S. is the discretion of the agency (luckily there are responses to that one in Elkhatib v. Bulger case "Thx artplus :) ", so I'm just going to copy them).

If anyone has a legal opinion on the matter or knows of cases where the government has tried to dismiss a WOM based on venue stuff and the petitioner being an alien , kindly advise me to look them up , I have a few more weeks to file my counter response
 
Last edited by a moderator:
quick question experts,
when the cover page asks; Have any cases been previously filed that are related to the present case, what should I say? yes or no? there are no cases directly related to my case but there are cases the same in the past.
 
memo said:
quick question experts,
when the cover page asks; Have any cases been previously filed that are related to the present case, what should I say? yes or no? there are no cases directly related to my case but there are cases the same in the past.
Click to expand...

You should answer "no" because it means that there are no cases that are connected to "your" case. The cases in the past did not have anything to do with you "personally."
 
Travel Abroad after Filing WOM

Hi Gurus,

I have a tricky situation. I am thinking to file WOM next week for my I-485. But I will have to travel abroad for several months early next year using my Advanced Parole. What if USCIS denied my I-485 application during my trip abroad? Do I immediately lose the chance entering US and appeal for my law suit?

Thank you very much for sharing your knowledge and experience.
 
It woud be safe to wait out the outcome...
There was a case in Arizona where a couple was denied entry after their I-485 was denied (basically revoked their status etc..)..last I heared they were fighting it...but it is probably a lot more hassle than what you need to deal with if you can postpone your trip.

way2tired said:
Hi Gurus,

I have a tricky situation. I am thinking to file WOM next week for my I-485. But I will have to travel abroad for several months early next year using my Advanced Parole. What if USCIS denied my I-485 application during my trip abroad? Do I immediately lose the chance entering US and appeal for my law suit?

Thank you very much for sharing your knowledge and experience.
Click to expand...
 
sample of civil complaint

Hi artplus, I have the sample for civil complaint cover sheet. would you mind sending me a sample of the civil complaint inside? thanks a lot..
artplus said:
You should answer "no" because it means that there are no cases that are connected to "your" case. The cases in the past did not have anything to do with you "personally."
Click to expand...
 
Need help

I'm also a victim of this namecheck hell. Could somebody send me a copy
of their Complaint and a civil coversheet ( ofcourse after scratching off
your personal info).... Please help me...I cannot afford an attorney....kindly
email it to suresh@mrs-nv.com

thanks a lot guys..
babu.
 
sbabunle you got any sample for WOM orginal complaint

any luck? Guess our friends are having their vacations now. I got the sample for coversheet from this forum posted by Lazer. you can find it here. can we exchange emails please? my email is lianhong.tang@gmail.com
 
I-485 Case Approved after WOM

Hello, I just wanted to let you all know that my case was approved on 12/14/06, retroactively to the day of my marriage (01/2004) just one and a half month after I filed my WOM petition. Now I only need to wait 2-4 weeks to receive the card by mail.
I must say this WOM really worked for me. It made the difference big time. If I hadn't taken this step I for sure would still be waiting for who knows how long!!!
One ironic thing is, I went to a lawyer here in Miami in August 2006 to find out if there was something I could do to have my case finalized. This lawyer, one of the best in Miami, told me at the time that the only thing I could do was wait. Now, after I filed my case, this same lawyer has an ad on the radio saying that whoever has been waiting for more than 90 days after the I-485 interview can now go to his office and he will help them file a sue agains USCIS!!!
 
Hey artplus, congrats agaian man!
How did you get them to backdate your GC? Did you ask the US Attorney or they automatically did it? can you give us some more details as when the US Attorney contacted you, what they said, when did USCIS contact you, bla bla? send me a private message or shoot me an email. I filed on Thu.
memo
 
memo said:
Hey artplus, congrats agaian man!
How did you get them to backdate your GC? Did you ask the US Attorney or they automatically did it? can you give us some more details as when the US Attorney contacted you, what they said, when did USCIS contact you, bla bla? send me a private message or shoot me an email. I filed on Thu.
memo
Click to expand...

After I filed the summons on 11/02, I kept checking the status of my WOM thru PACER and nothing changed, then the day after Thanksgiving I got the letter from USCIS Miami asking me to go for another interview on 12/05. I was interviewed by a higher rank officer (higher than the ones who usually interview I-485 applicants,) who by the way was extremelly nice ... and she asked us a few questions about my marriage (nothing major,) made some copies of our paperwork, and then said she was ready to approve the application but was missing the RAP sheet from the FBI. So she said it will probably take 1-2 more days and they will send me an approval letter. I left somehow dissapointed but I was sure they were not going to take too long this time since they had until January 1st to send a response to court. So then on 12/15 I got by mail a copy of the "Motion to Dismiss Case" filed electronically by the US Southern District Attorney where Mr. Jack Bulger (Miami Office's Director) was asking the court to dismiss the case because my GC had been approved on 12/14/06 and a copy of the approval letter was attached. The next day a received the original letter by mail and about a week letter the judge approved the dismissal and closed the case.

Nobody from the US Attorney office contacted me during this whole time and I didn't ask on my WOM to have my GC backdated. I didn't even expect them to do so I just wanted to have my case approved and forget about all the years waiting desperately for something to happen.

Memo, I'm pleased to hear you finally placed your WOM. You made the right decission man and believe me you won't regret it! The USCIS really OWE IT TO US to have all these forgotten cases finalized once and for all!
 
Last edited by a moderator:
Thanks

Thanks a lot artplus for your detailed response. Seems that your case went really smoothly. Congrats again. I also believe that they owe this to us and that's why I finally filed. So far, things have been exteremely easy in my case too. I will update you.
 
You must log in or register to reply here.
Top