A writ of mandamus question

A

aswresm

Registered Users (C)
i decided to go ahead and sue the uscis .am getting myself ready to do it myself .i sent the uscis a letter informing them that if they will not make a decision on my case within 30 days (it will end october 13th) i will sue them in my federal court .the thing is i did not hear any reply from them concerning this letter .my case has been pending background check for almost 2 years now . I never been interviewed and i got my first ead after 9 months of my initial i-765 application and when i got it it had the misspelled name on it :d .also after like 11 MONTHS of my i-485 application being pending background check i discovered that they also had my date of birth mistaken in my 485 application:d.and i had to correct all this .i moved from nj to michigan and i started receiving letters from the uscis to my new address in michigan .unfortuntely they have schedueled me or a second set of ingerprints in newark ,nj although they got my current address in michigan on file . I had to go to my local support center in detroit and i had my set of fingerprints done ...a 2 weeks befor i got a letter that my i-485 application is suspended because i didnot do my fingerprints :d

i am a middle eastern and i came legally to the usa with a b1/b2 visa and my wife had been serving in the us navy for almost 8 years and she got out last july with honor ....is that's why they are holding my case .....? ....when i explain to the judge in the court room what happens to my case will the uscis just come and tell the judge that it is a national security matter although i never did anything wrong in the states and that will enforce the judge to dismiss my case .... Will they tell the judge that my name has matched some of the names they have on file so they will have to do more check (they already spent 2 years checking on me) . I just got my first baby and i am few steps away to become a pharmacist and i don't work now and my wife just gotta a part time job and i am under a lot of stress ......please please please advice .....thanks
 
aswresm,

Please post your question or link to original question on this thread. You will be pleasantly surprised with the amount of help from other fellow WOMers or former WOMers.

In short, this is most likely not a case of national security and more like CIS misfeasance. Don't stress and start working on the Complaint. When you are taking practical steps to remedy your problem, you will stress less.

Most likely CIS will not budge because of the letter that you sent about your intent to sue them but it would be useful when you actually do sue and can use as proof of exhausting available remedies before going to the court.

Even if CIS claims that your name matched with someone, they have to justify that you are the person that they think matched with someone on the watch list. Once in court, CIS won't be playing any blame games because they have to produce concrete evidence of this delay, which there won't be any.

aswresm said:
i decided to go ahead and sue the uscis .am getting myself ready to do it myself .i sent the uscis a letter informing them that if they will not make a decision on my case within 30 days (it will end october 13th) i will sue them in my federal court .the thing is i did not hear any reply from them concerning this letter .my case has been pending background check for almost 2 years now . I never been interviewed and i got my first ead after 9 months of my initial i-765 application and when i got it it had the misspelled name on it :d .also after like 11 MONTHS of my i-485 application being pending background check i discovered that they also had my date of birth mistaken in my 485 application:d.and i had to correct all this .i moved from nj to michigan and i started receiving letters from the uscis to my new address in michigan .unfortuntely they have schedueled me or a second set of ingerprints in newark ,nj although they got my current address in michigan on file . I had to go to my local support center in detroit and i had my set of fingerprints done ...a 2 weeks befor i got a letter that my i-485 application is suspended because i didnot do my fingerprints :d

i am a middle eastern and i came legally to the usa with a b1/b2 visa and my wife had been serving in the us navy for almost 8 years and she got out last july with honor ....is that's why they are holding my case .....? ....when i explain to the judge in the court room what happens to my case will the uscis just come and tell the judge that it is a national security matter although i never did anything wrong in the states and that will enforce the judge to dismiss my case .... Will they tell the judge that my name has matched some of the names they have on file so they will have to do more check (they already spent 2 years checking on me) . I just got my first baby and i am few steps away to become a pharmacist and i don't work now and my wife just gotta a part time job and i am under a lot of stress ......please please please advice .....thanks
Click to expand...
 
i think it is just bureaucratic delay with all the information messed up in the system. by the way i am not middle eastern an have a not so common name and i am waiting "pending sec clearance" from 9 months now.
 
aswresm said:
i decided to go ahead and sue the uscis .am getting myself ready to do it myself .i sent the uscis a letter informing them that if they will not make a decision on my case within 30 days (it will end october 13th) i will sue them in my federal court .the thing is i did not hear any reply from them concerning this letter .my case has been pending background check for almost 2 years now . I never been interviewed and i got my first ead after 9 months of my initial i-765 application and when i got it it had the misspelled name on it :d .also after like 11 MONTHS of my i-485 application being pending background check i discovered that they also had my date of birth mistaken in my 485 application:d.and i had to correct all this .i moved from nj to michigan and i started receiving letters from the uscis to my new address in michigan .unfortuntely they have schedueled me or a second set of ingerprints in newark ,nj although they got my current address in michigan on file . I had to go to my local support center in detroit and i had my set of fingerprints done ...a 2 weeks befor i got a letter that my i-485 application is suspended because i didnot do my fingerprints :d

i am a middle eastern and i came legally to the usa with a b1/b2 visa and my wife had been serving in the us navy for almost 8 years and she got out last july with honor ....is that's why they are holding my case .....? ....when i explain to the judge in the court room what happens to my case will the uscis just come and tell the judge that it is a national security matter although i never did anything wrong in the states and that will enforce the judge to dismiss my case .... Will they tell the judge that my name has matched some of the names they have on file so they will have to do more check (they already spent 2 years checking on me) . I just got my first baby and i am few steps away to become a pharmacist and i don't work now and my wife just gotta a part time job and i am under a lot of stress ......please please please advice .....thanks
Click to expand...
Hi aswresm,
My situation is the same like yours (see my signature).
I'm thinking also about filing a WOM against the USCIS Directors. I've read many cases and court decisions for a WOM lawsuit. From what I understood, the judge will consider the length if the time from the date your case was first filed, and the judge will consider also if you tried to find other means to expedite your i-485 application (like calling the hotline, infopass, writing letters to your USCIS local office, Senator, Congress, FBI).
I don't think that the judge be influenced by the USCIS defense that your case is pending because of national security matter.
Take a look at this web: http://en.wikibooks.org/wiki/FBI_name_check#Filing_Lawsuit
Could you tell me to which persons you mailed a threatening letter?
 
hi waiting2006,
the recent biometrics was for I485 i presume, which is probably good news that means atleast ur file has been touched
 
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