District court hearing

V

VJB

Registered Users (C)
Regarding FBI name check delays, I understand that I can seek action at a local district court after the 120-day period, I found the following info in INA Sec.336 :"... the applicant may apply to the US district court... for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter to the service to determine the matter."

Is applying for a hearing is the same as filing a writ of Mandamus action? I just do not want to spend $2000-$5000 on a lawyer if I can help it. Has anybody applied for hearing themselves? Can anybody share some experience in applying for hearing at a district court?
 
district court relief

VJB said:
Regarding FBI name check delays, I understand that I can seek action at a local district court after the 120-day period, I found the following info in INA Sec.336 :"... the applicant may apply to the US district court... for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter to the service to determine the matter."

Is applying for a hearing is the same as filing a writ of Mandamus action? I just do not want to spend $2000-$5000 on a lawyer if I can help it. Has anybody applied for hearing themselves? Can anybody share some experience in applying for hearing at a district court?
Click to expand...
VJB, I would like to join my voice to yours. I have exactly the same situation. My 120 days have been up since June 7th. 2005! I haven't heard anything yet, everytime i ask they tell me "file under review"! The point is, my namecheck is completely done and everything is fine. I am sure it is just an adminitrative delay nothing more. I can't afford filing the mandamus as it costs $2000.00 here in Nashville, tn. I know $2000.00 is not a big deal for many of you, but for me it is too much!
Please, VJB and the others, if you have any info don't hesitate to post it here please.
thank you. :)
 
the hearing is some kind of mandamus? Seems not. Because petition for immigration court only takes 110 bucks.
Sony, have you asked the district court clerk about N-400 hearing?
 
zebra2000 said:
the hearing is some kind of mandamus? Seems not. Because petition for immigration court only takes 110 bucks.
Sony, have you asked the district court clerk about N-400 hearing?
Click to expand...
Zebra2000,
I sure did ask the district court clerk on the phone and she pretended as she never knows anything about it. She tried to give me the website of the USCIS , as i was ignorant and don't see the difference. I am confident that she knows exactly what the law says, and know what i am talking about, but it's against her behalf , so she wouldn't tell me about it. I told her i know the law , it's a federal law and well enforced, she denied and told me to contact congressman, who never helped and said there is always thousands stuck!!
 
sony55,
My 120 days was up in April 2005. You actually have done a lot more than I. At this point, I have not even contacted congressman. Having citizenship is actually more troublesome for me since my country of origin requires visa of US citizens, and the maximum stay is three weeks, which is not nearly enough if I have a family emergency. Travelling with green card is actually easier. I do not think I will file writ of mandamus any time soon. I am going to try all the other channels, as useless as they are. Anyway, sony55, if you are not in a hurry to get citizenship, do you want to just wait 18 months?
 
sony55 said:
Zebra2000,
I sure did ask the district court clerk on the phone and she pretended as she never knows anything about it. She tried to give me the website of the USCIS , as i was ignorant and don't see the difference. I am confident that she knows exactly what the law says, and know what i am talking about, but it's against her behalf , so she wouldn't tell me about it. I told her i know the law , it's a federal law and well enforced, she denied and told me to contact congressman, who never helped and said there is always thousands stuck!!
Click to expand...
Sony, read a lot about your case. My wife's application will get to 120 days in a month. I will sure take action against USCIS. I am living in San Francisco bay area. I also phoned a district court clerk. She said I could be able to ask a hearing and I must go to file the petition in person. So I think, to print out the law and go to court clerk office is the right way. If the receiption girl doesn't understand it, you can ask for her supervisor. Because it is absolutly legal, court can't refuse to do that. I think you know this link about how to file the petition
http://www.ailf.org/lac/lac_pa_052604.asp
Before filing the petition, you are better of informing CIS and US Anttorney about your intension to do that and give them a deadline. If they still dont move, fill it without any hesitatation. That is the suggestion from the lawyer.
 
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