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485 pending for a year - How long do we wait till we file Writ of Mandamus?

Discussion in 'Tracker, I-485, Texas Service Center' started by ikti, Jun 30, 2013.

  1. ikti

    ikti New Member

    Can the experts guide me here? How long should I wait before we proceed with WOM? Mr Khanna said this should be the last option we try as USCIS may retaliate by denying the case. Even though we know that it may expedite the outcome, it may not be a positive result.

    My 485 has been pending for a year now. My date has been current all the time (I am ROW- Bangladesh). I have tried opening several SR and I get a cut and paste response from USCIS each time. I tried approaching Congressman. Same response over there. I contacted Ombudsman. Same deal. Ombudsman emailed me back saying that they inquired with USCIS and was informed that USCIS is actively working on it. Email also said that Ombudsman will follow up after 180 days if nothing happens. I am assuming this is also a standard response.

    I am not sure how to end this unfair delay. I am extremely frustrated at this point. I am separated from my wife because of this delay. I filed I-824 for her. But that will not be looked at until my I-485 is approved. I am sure there are many more in this boat just like I am. I honestly think we should file a Class Action Lawsuit against USCIS and make them agree to a timeline by which they must work instead of working in a black box. But we need to make our voice heard. Not sure where though.

    Anyway, back to my question- How long do I wait and what else should I do before I should proceed with WOM? I have read many success stories on this site about successful WOM cases. Did you guys hear about any unsuccessful WOM cases?

    My lawyer is Rajiv Khanna. His office has be very helpful and understanding so far. I work for a Indian Consulting company, which I think would be my only weak point in my case (it may not be). Other than that I think I have a strong case. I have been in this country legally for 15 years now, and still nothing to show for it..Very pathetic system.

    Your help is much appreciated.

    Case Details:
    Citizenship: Bangladesh (Rest of the World Category)
    Current Residence- New Jersey.
    Case type: I-485 Category: EB2
    USCIS receipt date: 06/25/2012
    I-140/485 concurrent filing.
    I-140 approved date - Oct 12th, 2012. (Got an extensive RFE on I-140. It got approved 3 days after we responded)
    Priority date: 05/07/07 (because there I also applied for EB3 previously. They ported the case to EB2 and gave me original Priority date. We however did not file a EB3 to EB2 port.)
    Finger printed: 8/2/2012
    Finger Print office: Philadelphia, PA
    Received AP/EAD combo card - 8/15/2012
    Service Center: Texas Service Center
  2. fuscisk

    fuscisk New Member

    I am going to find a lawyer who is experienced in Writ of Mandamus in Palm Beach Gardens of Florida.
  3. mumblejumle

    mumblejumle New Member

    did you eventually file for writ of mandamus?

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