485 approved after filing Lawsuit

H

hate140delay

Registered Users (C)
Finally my 485 is approved after 3 years of wait.
I was stuck at Name check black hole. I had tried everything, contacted Senators, Congresman, First Lady, FOIPA, etc. and nothing worked :mad:

I got so sick and tired of waiting, that I filed a Lawsuit (Writ of Mandamus) Pro Se (which means without a lawyer i.e. myself). I filed the lawsuit on 8/27/06 in Northern district of CA (San Jose district court) and I got the magic emails a couple of days ago and today I got a call from US District Attorney that my case is approved and if I am willing to dismiss the case. :D In just 3 weeks after serving the papers my name check was cleared, while i had been just waiting for 3 years with no results.

My advise to all those folks whose priority date is current and are stuck in Name check, file a lawsuit ASAP and dont wait a single day. You can get all the information about the lawsuit on this thread

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15

All the information is there on the first page, it looks intimidating and scary, but believe me once you start preparing the documents its easy.

I wish Good luck to everybody whose 485 is pending. Don't hesitate to ask me any questions.
 
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But I've been waiting "only" 1 year and 4 months.
Would it be enough wait time to file a lawsuit ?

I should also show I have exhausted administrative efforts
to expidite the processing. I think only thing I did was to
contact one congressman. Will this be enough to show
that I have exhausted efforts ?
 
fdfd said:
But I've been waiting "only" 1 year and 4 months.
Would it be enough wait time to file a lawsuit ?

I should also show I have exhausted administrative efforts
to expidite the processing. I think only thing I did was to
contact one congressman. Will this be enough to show
that I have exhausted efforts ?
Click to expand...

You are correct WOM should be filed if you have proof that you have tried to resolve the issues through administrative efforts, which you have done. I think you should file WOM if the following is done -
* Senator/Congressman inquiry.
* FOIPA inquiry.
* Proof that you are stuck in Name check (either by Senator/Congressman or lawyer inquiry).
* Priority date is current.
* Visas are available.

I have seen a couple of cases which are filed even if 485 is pending for a year (search for posts by xu111).

After you file the US Attorney will ask USCIS to resolve it ASAP. So USCIS tells FBI to expedite Name check which they eventually clear. Right now Nor Cal cases are getting approved within a month. In the last month I have seen 5 cases in the thread I gave above from Nor Cal getting approved within a month, I also have seen San Diego and LA Cases getting approved.
 
Hey Hate140delay..
you stated that your PD should be current but I see your PD is 08/03 in your signature and its not current right now....could you please clarify how did you manage to file a WOM ?? highly appreciate the response....
 
Need your help please

Hello All,

I'm not sure why there is a delay in my case as people who have filed later got it approved.

How can I find the current priority date? My Labor priority is 6/2001. I got my labor approved in early 2003 and filed I-140 in Sep. 2003 and got it approved in mid. 2004. My I-485 was filed in early 2004 and I'm still waiting .. almost 3 years now.

I'm not sure what's happening to my case as USCIS then couple of months ago I registered online case status and this was the status:

On October 27, 2005, the card or document we had mailed to the applicant was returned by the post office as undeliverable. To update your address, please call the National Customer Service Center at (800) 375-5283.

I called the customer service they said my card was approved and once again I have provided my new address( even though I always update my lawyers and file AR-11). The worst case is I did not move during that time and I don't why such a message.

I have asked my lawyers they mentioned it was an online glitch and finally I made an infopass appointment they did not even tell me what was mailed but just mentioned my case is under review and no more information is needed.
 
gctarget06 said:
Hey Hate140delay..
you stated that your PD should be current but I see your PD is 08/03 in your signature and its not current right now....could you please clarify how did you manage to file a WOM ?? highly appreciate the response....
Click to expand...
gctarget06,
My PD of my labor is actually 02/99. The date 08/03 is my Receipt date of my 485.
 
adumadu said:
Hello All,

I'm not sure why there is a delay in my case as people who have filed later got it approved.

How can I find the current priority date? My Labor priority is 6/2001. I got my labor approved in early 2003 and filed I-140 in Sep. 2003 and got it approved in mid. 2004. My I-485 was filed in early 2004 and I'm still waiting .. almost 3 years now.

I'm not sure what's happening to my case as USCIS then couple of months ago I registered online case status and this was the status:

On October 27, 2005, the card or document we had mailed to the applicant was returned by the post office as undeliverable. To update your address, please call the National Customer Service Center at (800) 375-5283.

I called the customer service they said my card was approved and once again I have provided my new address( even though I always update my lawyers and file AR-11). The worst case is I did not move during that time and I don't why such a message.

I have asked my lawyers they mentioned it was an online glitch and finally I made an infopass appointment they did not even tell me what was mailed but just mentioned my case is under review and no more information is needed.
Click to expand...
adumadu,
My thought is your case is approved and they somehow goofed up and sent it to the wrong address.
You should take your local Congressman's help, I really found them helpful for my 140 approval.
Good luck!
 
hate140delay,

Thanks a lot for great information. I'll definitely contact the congressman but I'm zero in American politics. Please let me know the process to contact the Congressman. Thanks in Advance.
 
adumadu said:
hate140delay,

Thanks a lot for great information. I'll definitely contact the congressman but I'm zero in American politics. Please let me know the process to contact the Congressman. Thanks in Advance.
Click to expand...
adumadu,
Go to this site - http://www.house.gov/ Enter your zipcode and find out your congressman/woman. You can also find out the contact details of the congressman.
You can submit your complaint to them either in person (which works best, as you will get to meet a caseworker in person)
Or you can fax/mail them your complaint.
My Congressman was Pete stark, who eventually helped me get my 140 approved, but could not get my name check resolved (nor could both senators and first lady), but it's worth a shot.
 
hate140delay said:
gctarget06,
My PD of my labor is actually 02/99. The date 08/03 is my Receipt date of my 485.
Click to expand...

Thanks for the clarification Pal...Wondering if you sent a "Notice of Action" before you filed the WOM ? Could you or anyone in this forum please share that info. (i.e. format, who to address, where to send etc.) as well ? Thanks for doing the good work.
 
gctarget06 said:
Thanks for the clarification Pal...Wondering if you sent a "Notice of Action" before you filed the WOM ? Could you or anyone in this forum please share that info. (i.e. format, who to address, where to send etc.) as well ? Thanks for doing the good work.
Click to expand...
If you mean "Intent to sue"? then No, I did not do that. I think it's a waste of time.
 
Im in the same boat

My USCIS online status is the same as yours, except for "October 13, 2005" time. CSC replied a mail to my lawyer that it would be resolved in a couple of weeks, which is about now.

adumadu said:
Hello All,

I'm not sure why there is a delay in my case as people who have filed later got it approved.

How can I find the current priority date? My Labor priority is 6/2001. I got my labor approved in early 2003 and filed I-140 in Sep. 2003 and got it approved in mid. 2004. My I-485 was filed in early 2004 and I'm still waiting .. almost 3 years now.

I'm not sure what's happening to my case as USCIS then couple of months ago I registered online case status and this was the status:

On October 27, 2005, the card or document we had mailed to the applicant was returned by the post office as undeliverable. To update your address, please call the National Customer Service Center at (800) 375-5283.

I called the customer service they said my card was approved and once again I have provided my new address( even though I always update my lawyers and file AR-11). The worst case is I did not move during that time and I don't why such a message.

I have asked my lawyers they mentioned it was an online glitch and finally I made an infopass appointment they did not even tell me what was mailed but just mentioned my case is under review and no more information is needed.
Click to expand...
 
As I said that I had the same situation as yours, my case is approved today :)

Best wishes.

adumadu said:
hate140delay,

Thanks a lot for great information. I'll definitely contact the congressman but I'm zero in American politics. Please let me know the process to contact the Congressman. Thanks in Advance.
Click to expand...
 
september142004 said:
As I said that I had the same situation as yours, my case is approved today :)

Best wishes.
Click to expand...
Congratulations! You should get your card within a week!

BTW, was your case stuck in name check?
 
I am not sure where I was stuck for so long. At the beginning, it must have been the name-check, then got into the PD retrogression. After PD became current in July, I guess it was the normal 2-month processing delays.

I know that the GC waiting is always a test of patience for most of us. At last when we heard about the approval, both my wife and I were calm but thankful of everyone and everything that has pulled us through. The cards mean a lot of things for us in the years to come.

All the best.

hate140delay said:
Congratulations! You should get your card within a week!

BTW, was your case stuck in name check?
Click to expand...
 
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Sepetember142004,

Congragulations on approval for your case. I would like to know what did you tell your lawyers that made it approved. Please let me know as my lawyer is just asking me to wait...In the meantime as suggested I'm going to follow-up with congressman.

september142004 said:
As I said that I had the same situation as yours, my case is approved today :)

Best wishes.
Click to expand...
 
Did anyone get a motion to dismiss? PLEASE HELP

I filed my writ of mandamus on 14 of july. I got a letter from AUS that they want to dismiss the case and they have no juristriction over namecheck. What do I do in this case? PLEASE HELP
 
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rahman1079 said:
I filed my writ of mandamus on 14 of july. I got a letter from AUS that they want to dismiss the case and they have no juristriction over namecheck. What do I do in this case? PLEASE HELP
Click to expand...
Sorry to hear about that. But don't loose hope. This is a tactic followed by some AUSA who are lazy and not ready to do their job. There are several cases in a forum where this has been done. Post your question there also -
http://boards.immigrationportal.com/showthread.php?t=194681&page=1000&pp=15
In any case, you have to be mentally strong and start preparing to fight for it.
You will have to file for a motion against dismissal, i think its called "motion of summay judgement". Did you get a prose handbook? There will be something about how to file against motion to dismiss, also check your local district court rules. Believe me the judge will not blindly dismiss the lawsuit, he will look at your counter arguments also. So you will have to prepare a real good reply.
Here is a link which describe the motions - http://www.tlsc.org/prose5.html

Check the below attachments on some counter arguments against motion to dismiss. Take points from these attachments and this link (http://boards.immigrationportal.com/showthread.php?p=1483020&highlight=motion+dismiss#post1483020 ) to file your reply

Don't worry and be strong, worst case hire a lawyer, you don't need one at this stage, but you should think about it, if it goes to trial.

Don't loose hope. May Good Luck be with you.
 
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