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

imhrb said:
Hey artplus, did you do the WOM by yourself or through an attorney?
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I had to do it by myself because I didn't have the means ($) to hire a lawyer. The one I called in Miami wanted to charge me $9000. So I said what the heck, I'm going to do it myself. Plus, I had read Lazerthegreat postings and it encouraged me and made me feel I could also do it by myself as he did.
 
CONGRATS! on this big success... I am really happy that all your time, efforts and energy finally piad. Now sit back and relax...

I have a quick question here... will USCIS check for my PD to be current before making a decision on my WOM? Currently its going thru retrogession... My spouse's (Principal Applicant) got GC approved on Mar 2005 and mine still pending due to FBI name check delay... Please advice

Thanks,

abansal0211



artplus said:
I had to do it by myself because I didn't have the means ($) to hire a lawyer. The one I called in Miami wanted to charge me $9000. So I said what the heck, I'm going to do it myself. Plus, I had read Lazerthegreat postings and it encouraged me and made me feel I could also do it by myself as he did.
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Writ of Mandamus (WOM) - Sample

Hi,

I would be obliged to receive a sample WOM. I guess the cover-sheet has been adequately covered over here.

Many thanks in advance.

Meghraj

PD - Mar, 1999
I-140, I-485 Concurrent Filing - Nov, 2004
I-140 Approved - Nov 30, 2004
FP - Apr, 2005
Stuck in Name Check
 
Meghraj said:
Hi,

I would be obliged to receive a sample WOM. I guess the cover-sheet has been adequately covered over here.

Many thanks in advance.

Meghraj

PD - Mar, 1999
I-140, I-485 Concurrent Filing - Nov, 2004
I-140 Approved - Nov 30, 2004
FP - Apr, 2005
Stuck in Name Check
Click to expand...

E-mail me at artplus60s@hotmail.com and I'll forward you a copy of my WOM and 2 more WOM samples I have.
 
abansal0211 said:
CONGRATS! on this big success... I am really happy that all your time, efforts and energy finally piad. Now sit back and relax...

I have a quick question here... will USCIS check for my PD to be current before making a decision on my WOM? Currently its going thru retrogession... My spouse's (Principal Applicant) got GC approved on Mar 2005 and mine still pending due to FBI name check delay... Please advice

Thanks,

abansal0211
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Hello, this is some information I found. For what it says here, I think is does matter, in other words, your PD needs to be current. I would advise you to wait for this step before filing your WOM, but if your PD is current and the only reason why your application hasn't been finalized is because the name check, then go file a WOM A.S.A.P.

"Immigrant Visa Number (Priority Date)

If the priority date retrogates after filing the adjustment of status application or starting consular processing, that application would be archieved and would no longer be processed until the priority date becomes current again. So, it is wrong to think that once priority date is current and adjustment of status or consular processing is applied, priority date does not matter to you any more. Priority date always matters until you get your green card."

From: http://www.immihelp.com/greencard/immigrant-visa-number.html
 
I just read the following on oh law forum. I think anybody who is considering filing for WOM should do it ASAP. I am following cases that the US Attorney is going to the court including in San Diego.

01/22/2007: Mandamus Action No Longer Panacea to Natulization Backlog?

Some of those who applied for the citizenship (naturalization) faced the clog of security check delays, in some cases even for years. There was enough blame to go around between the DHS and the FBI as to who was responsible for the backlog. As the USCIS acknowledged, the USCIS somehow accelerated the processing of some security-clogged cases when the applicants brought a mandamus action before the federal courts asking the federal court to mandate the USCIS to process the applications. It more or less opened a flood gate of mandamus actions by the involved applicants causing a tremendous burden on the agency and the U.S. Attorneys in terms of the resources and time.
The news have recently surfaced that the U.S. Attorneys would fight out rather than back down or settle in such lawsuits. It is a bad news for those who suffer from terrible delays in naturalization because of the so-called security check backlog. In the first place, it will become very expensive to litigate. Additionally, the outcome of success in such litigation may not necessarily lead to the quick fix any more of the naturalization delays.
 
approved one month and two days after WOM filed

hey guy,
I FINALLY got it too. I got this email today. almost one month after I filed for WOM:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: LIN04

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR
TO ADJUST STATUS

Current Status: Approval notice sent.

On January 30, 2007, we mailed you a notice that we have approved this
I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
Please follow any instructions on the notice. If you move before you
receive the notice, call customer service.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision from
USCIS within the current processing time listed*, please contact USCIS
Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at
www.uscis.gov under Case Status & Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)
 
WoM, status hearing set -please ADVISE

Hi Memo,

CONGRATULATIONS!!!!!

After browsing this forum for a while and collecting the information, I finally submitted my WoM lawsuit (I-485, name check pending). Right away after file the suit, I’ve got a note from the court that status hearing is set for 3/8/2007. It will be only 45 days since I filed the case. I ‘m still waiting for the return receipts (green cards) to come back from the defendants, US attorney, and US attorney General.

I don't know whether you get to this stage or not, but I wonder if you know the answer to following questions:
1) What should I prepare for the hearing besides facts/claims I stated in my WoM?
2) What is the usual procedure for the hearing?
3) Should I contact US Attorney before the hearing date?

I would really appreciate any help and advice,
Thank you,
Alika


memo said:
hey guy,
I FINALLY got it too. I got this email today. almost one month after I filed for WOM:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: LIN04

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR
TO ADJUST STATUS

Current Status: Approval notice sent.

On January 30, 2007, we mailed you a notice that we have approved this
I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
Please follow any instructions on the notice. If you move before you
receive the notice, call customer service.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision from
USCIS within the current processing time listed*, please contact USCIS
Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at
www.uscis.gov under Case Status & Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)
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hey Alika,
Thank you very much.
Different district courts and different judges have different styles. what exactly does the notice day? is it a notice for hearing??? Don't worry about this notice and keep doing what you are doing. have you served the US Attorney? If yes, call him and ask him what he is planning to do. The USA has 60 days to respond and they are usually too busy to fight for a green card...so, he will call the service center and ask them to adjudicate your application. even when the USA decided to answer, they answer to your complaint and then you have time to respond.... and then the judge decides to keep giving the USA more time or go to the hearing.
Also get a pacer account and see if this is that your judge always does. prepare all your exhibits in case you need to take them to the court but I really doubt that you would end up going to the court.
memo

zevs said:
Hi Memo,

CONGRATULATIONS!!!!!

After browsing this forum for a while and collecting the information, I finally submitted my WoM lawsuit (I-485, name check pending). Right away after file the suit, I’ve got a note from the court that status hearing is set for 3/8/2007. It will be only 45 days since I filed the case. I ‘m still waiting for the return receipts (green cards) to come back from the defendants, US attorney, and US attorney General.

I don't know whether you get to this stage or not, but I wonder if you know the answer to following questions:
1) What should I prepare for the hearing besides facts/claims I stated in my WoM?
2) What is the usual procedure for the hearing?
3) Should I contact US Attorney before the hearing date?

I would really appreciate any help and advice,
Thank you,
Alika
Click to expand...
 
Thanks, Memo!

Memo, thank you for your reply! Yes, it looks like our court has different rules compared with other. The civil case procedure rules in my court state that initial hearing is set within 60 days of lawsuit filing. The note I've got does not say anything besides that :Minute entry before judge XXX: hearing set for 3/8/2007. I looked at different cases (through the PACER) and found out that in same of them, the hearing was set 2 weeks after people filed the case. The docket entry for some of them were more descriptive than mine. They stated, "MINUTE entry before Judge XXXXX :Status hearing set for XXXX at 09:30 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report within two days prior to status".

So, from this info I understood that I have to meet with AUSA (yes, I served him), and prepare joint status report. This initial hearing is not a trial yet, but the possibility for both sides to disccuss of possibilities of settlement...But still, I should be ready to present MINUTE entry before the jugde if the case won't be resolved before that time.

I wonder may be somebody knows how to present MINUTE entry before the judge, may be somebody had similar experience... I would appreciate any help and advice.

Thanks,
Alika

memo said:
hey Alika,
Thank you very much.
Different district courts and different judges have different styles. what exactly does the notice day? is it a notice for hearing??? Don't worry about this notice and keep doing what you are doing. have you served the US Attorney? If yes, call him and ask him what he is planning to do. The USA has 60 days to respond and they are usually too busy to fight for a green card...so, he will call the service center and ask them to adjudicate your application. even when the USA decided to answer, they answer to your complaint and then you have time to respond.... and then the judge decides to keep giving the USA more time or go to the hearing.
Also get a pacer account and see if this is that your judge always does. prepare all your exhibits in case you need to take them to the court but I really doubt that you would end up going to the court.
memo
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Alika, I think it is in fact a good thing and will make the USA move quickly to either settle the case before that set date or have a legit answer in terms of what he is doing and how much more time he needs. I would call the USA office and try to reach the guy and tell him listen, what do you want to do? Both the Judge and the USA know that you don't have a att'y and that USA should prepare the joint status. Check PACER again and try to find some samples and educate yourself and don't worry at all.
 
WoM

Thank you, Memo! Yes, I am trying to learn as much as I can.

I have another question. Did you wait until "return receipts" (green slips) come back to file certificate of service with the court? I am still waiting for them to come back. I tracked them and found out, that practically all of them were delivered on Jan.29. The one, which I sent to the Director of Local USCIS District, still does not have delivery confirmation. This is strange because it had the "shortest" way to go.

Thanks,
Alika

memo said:
Alika, I think it is in fact a good thing and will make the USA move quickly to either settle the case before that set date or have a legit answer in terms of what he is doing and how much more time he needs. I would call the USA office and try to reach the guy and tell him listen, what do you want to do? Both the Judge and the USA know that you don't have a att'y and that USA should prepare the joint status. Check PACER again and try to find some samples and educate yourself and don't worry at all.
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No I didn't wait. I actually took the USPS receipts to the court the same day that i mailed them. the 60 days start from the day they are served. even though you have already served the USA and that should be the main date.
 
WoM

Memo, thank you for your answer!

I also read somewhere that USCIS made a new "resolution" dated Dec. 22, 2006, which will allow them not to expedite name check based on Writ of Mandamus. Have you heard anything about that? However, looking at your profile I would say that WoM is still working since you filed it on Dec. 26.
Thanks, A.

memo said:
No I didn't wait. I actually took the USPS receipts to the court the same day that i mailed them. the 60 days start from the day they are served. even though you have already served the USA and that should be the main date.
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I only read that at oh-law:
http://www.immigration-law.com/Canada.html
I wouldn't worry about this unconfirmed news. as you said yourself, I applied on Dec 28 and it worked. Plus I think it is the matter of how much work it would be for the USA with preparing responses to the court and probably show up to the court and defend a case that they will loose at the court anyways.
 
My asylum was approved on Jan 1998 and i applied for I-485 on may of 2000 at NSC. As of now all i get from USCIS is that my case is going for back ground check ( i get this answer for like 2 years). My LUD just changed on 1/15/2007. i did BIO last may . so what should i do ? i am getting realy frustrated . What can i do or Should i do at this point. Should i file for WOM ??? Please help me guys.
 
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