Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

Writ of Mandamus for Green Card

I am kind of excited to see this post. My issue may seem different from people around here, but I would really appreciate if any of you can give me any hint or answer my question. I have been waiting for too long.

1. My I-140 (NIW) was approved in 2005 (priority date May 2005). My and my spouse's I-485 have been pending since Sep 2005. I am thinking of filing a writ of mandamus to make USCIS to look into my case. I wonder should I wait until my PD become current (it is not yet) or can I file it now because my PD has been current for two months last year.

2. If when USCIS respond to my writ of mandamus, my priority date is not current, what could happen?

3. Will the denial of writ of mandamus cause the denial of my I-485?

4. My employer also filed labor certificate for in October 2004. It was also approved, but I never use it because my I-140 (NIW) was already approved then. I wonder if there is any way that I can do to link my I-140 (NIW) to the labor certificate so that my priority date will move earlier.

5. Can anyone recommend any good lawyer with experince of writ of mandamus around pittsburgh area?

Thanks a lot.
 
yw7kyahoo said:
I am kind of excited to see this post. My issue may seem different from people around here, but I would really appreciate if any of you can give me any hint or answer my question. I have been waiting for too long.

1. My I-140 (NIW) was approved in 2005 (priority date May 2005). My and my spouse's I-485 have been pending since Sep 2005. I am thinking of filing a writ of mandamus to make USCIS to look into my case. I wonder should I wait until my PD become current (it is not yet) or can I file it now because my PD has been current for two months last year.

2. If when USCIS respond to my writ of mandamus, my priority date is not current, what could happen?

3. Will the denial of writ of mandamus cause the denial of my I-485?

4. My employer also filed labor certificate for in October 2004. It was also approved, but I never use it because my I-140 (NIW) was already approved then. I wonder if there is any way that I can do to link my I-140 (NIW) to the labor certificate so that my priority date will move earlier.

5. Can anyone recommend any good lawyer with experince of writ of mandamus around pittsburgh area?

Thanks a lot.
Click to expand...

1. There are more chances to win WOM if PD is current, but WOM can be filed even if PD is not current (hoping that it will become current during the court proceedings). The main purpose of WOM is to make USCIS to look at your case, rarely courts issue WOM, usually I-485 is approved before court ruling.
2. You should counter that with evidence that your PD was current in the past but USCIS failed to act on your I-485. Judge will decide who's position is stronger.
3. ABsolutely not. Even if judge dismisses your case and says that the delay is not unreasonable in your case (for example, because your PD is not current), you can re-file the case later when delay becomes unreasonable (PD is current).
4. You can use I-140 with earlier PD. Your I-485 attorney should be able to do that.
5. Your district is wom-friendly, there is no need to spend money on WOM attorney, try doing it yourself. Only if you absolutely cannot do it yourself, hire an attorney.
 
Hello everyone .. I have great news, I have received my notice for my second fingerprints appointment. It is going to be on this coming Friday at 9 AM. I can not wait for sure. It looks like the WOM is working its magic for sure. A VERY BIG THANK YOU to everyone who helped me out with filing the WOM and encouraging me through the whole process. Lets hope the Interview letter will be in my hands in the next week or so :)
 
Thank you Cregan and Mr Vertigo ... I already can not wait for Friday .. If all goes well, I might be looking at an Interview Day in March ...I need to check the future oath dates in MO
 
cregan said:
lazycis, you'r awesome. I'm a dork, can you send me your sample, I'll get started on it in case

Thank you :)

The goofy thing is that i wrote the WOM based on I wanted the interview, but does that take into account the oath also. I used the template available on the wikipedia site you had posted, but now thinking about it ... well it does reference the 120 days for response after interview, the WOM I filed should be ok :) ?
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Hey Cregan ..any updates from the AUSA ? I have not heard anything from them yet but I am like you, I do not want to dismiss my case until I have my interview and hopefully the oath information.
 
mustafa34kc, thanks for asking. Nothing. I call the Court and they still have not assigned one. I'm worried they will close my case after the interview and this makes me scared of how long I will have to wait for the oath.

I think they are aware of my WOM as my ID is 60 days from the day I served AUSA.

I'm gonna have to prepare the motion for judgment to file after the interview to keep my case open :)
 
lazycis, I tried to search for motion for judgment, but all I find is motion for summary judgment. That's not the same right? Thanks :)
 
cregan said:
mustafa34kc, thanks for asking. Nothing. I call the Court and they still have not assigned one. I'm worried they will close my case after the interview and this makes me scared of how long I will have to wait for the oath.

I think they are aware of my WOM as my ID is 60 days from the day I served AUSA.

I'm gonna have to prepare the motion for judgment to file after the interview to keep my case open :)
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I do not blame you for sure. Please keep me updated as I might have to do the same thing. My sixty days are up on Feb 6th, I doubt that I will get an interview before that, but who knows, maybe they will squeeze me in to avoid the court
 
For sure

It was nice, my father applied in the fall08 and had his interview yesterday and was approved. Everyone was happy. He's had a good experience so far. But I couldn't get too happy as I am afraid of them with the oath ... I'll wait and see in his case, hopefully he can stay happy :)
 
cregan said:
lazycis, I tried to search for motion for judgment, but all I find is motion for summary judgment. That's not the same right? Thanks :)
Click to expand...

See attached template. It's very basic, you will need to fill in the blanks. I have not put a lot of effort into it as the default judgment is virtually never granted against the government. The main reason for such motion is to make AUSA move quickly.
 
cregan said:
For sure

It was nice, my father applied in the fall08 and had his interview yesterday and was approved. Everyone was happy. He's had a good experience so far. But I couldn't get too happy as I am afraid of them with the oath ... I'll wait and see in his case, hopefully he can stay happy :)
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Congrats Cregan :) by the way, how do you call the FBI to find out your fingerprints cleared ?
 
mustafa34kc said:
Congrats Cregan :) by the way, how do you call the FBI to find out your fingerprints cleared ?
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FBI can be reached either at 304-625-5590 or at 304-625-2406. It is the same number for the entire US. If somebody answers the phone, s/he can tell you about your case immediately or no one picks the phone, you may leave the message giving your spelled out name, contact phone number and A- number.
 
lazycis said:
FBI can be reached either at 304-625-5590 or at 304-625-2406. It is the same number for the entire US. If somebody answers the phone, s/he can tell you about your case immediately or no one picks the phone, you may leave the message giving your spelled out name, contact phone number and A- number.
Click to expand...

Thank you Lazycis ...since I am doing the fingerprints on Friday, should I call them the following Monday or Tuesday ?
 
Plz.
mosamno2 said:
lazycis,jefkorn,
today i recieved the court order:
"ordered that this court lacks subject matter jurisdiction over this complaint and, pursuant to fed. R. Civ. P. 12(h)(3), the complaint is hereby dismissed with prejudice."

1. What is the difference between with prejudice and without prejudice.
2. Can the judge dismiss the case without ausa mtd( i didn't recieve any mtd notice)
3.should i do anything at this point.
4. Is this a bad news for nj wom.
5.is that means my gc got resolved without the wom
6.in the future if i have a problem with the uscis can i still file another wom.
Click to expand...
 
mosamno2 said:
lazycis,jefkorn,
today I recieved the court order:
"ORDERED that this court lacks subject matter jurisdiction over this complaint and, pursuant to FED. R. CIV. P. 12(h)(3), the complaint is hereby DISMISSED with prejudice."

1. what is the difference between with prejudice and without prejudice.
2. can the judge dismiss the case without AUSA MTD( I didn't recieve any MTD notice)
3.should I do anything at this point.
4. is this a bad news for NJ WOM.
5.is that means my GC got resolved without the WOM.
Click to expand...

Hey mosamno2,

1. "with prejudice" means you cannot refile the same complaint.
2. yes
3. do not worry, there is no need to do anything. NJ court is particulary unfriendly to I-485 WOM. But our purpose is to get an approval, right? :)
4. It just confirms what I just said.
5. You may never know, but I think it is better to think that WOM worked. It could be a coincidence, but I do not believe in coincidences :)
 
lazycis, thank you so so much. Your help is so important/worth so much! Questions:
1) what happens if no response after the 10 days?
2) When should I file it, my last defendant's 60 days would be 2/07/09? Should I wait for that day or filed according to when AUSU was served?
3) How do I file the form? Do I drop off at court and should I get anything stamped to show that I did file it?
Thanks :)

mustafa34kc, FBI processes the FP within 24 hours. Even though they send it back to USCIS as soon as they are done, USCIS does not log it for a couple of days. When I called after 24 hours, the FBI was professional and answered all my questions. Then I called USCIS and they proceeded to tell me that they had no record of me going to get my FPs done. Ouch did that make me worried. I called the next day and they had entered it in the system.

mosamno2, good luck
 
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cregan said:
lazycis, thank you so so much. Your help is so important/worth so much! Another question, what happens if no response after the 10 days? When should I file it, my last defendant's 60 days would be 2/07/09? Should I wait for that day or filed according to when AUSU was served? Thanks :)

mustafa34kc, FBI processes the FP within 24 hours. Even though they send it back to USCIS as soon as they are done, USCIS does not log it for a couple of days. When I called after 24 hours, the FBI was professional and answered all my questions. Then I called USCIS and they proceeded to tell me that they had no record of me going to get my FPs done. Ouch did that make me worried. I called the next day and they had entered it in the system.

mosamno2, good luck
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Thank you Cregan .. I am going to give them few days.. I waited this long, so I can wait few more days. I will try to call them mid week next week and see what they tell me
 
thanks lazycis.

cregan did you try to contact the AUSA office or even give them a visit so you can know what is going on? I wish u good luck.
 
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