Does Writ of Mandamus work for N-400 delay due to name check?

[applyforcitizen]

Does Writ of Mandamus work for N-400 delay due to name check?

No citizenship interview is scheduled because of name check pending, thus, 120 days rule under 1447 (b) does not apply. In case like this, will filing Writ of Mandamus work?

Thanks,

 

[applyforcitizen]

nowadays, it appears CIS does not schedule N-400 interview unless name check has been cleared. if one is stuck in name check, it is very likely that he is not going to have interview for a long, long time.

what can we do to make CIS/FBI take action on our cases? Is Writ of Mandamus a way to go?

Anyone with similar suituation has any suggestions?

Does Writ of Mandamus work for N-400 delay due to name check?

No citizenship interview is scheduled because of name check pending, thus, 120 days rule under 1447 (b) does not apply. In case like this, will filing Writ of Mandamus work?

Thanks,

 

[dw2005]

The 120 day rule only applies if the route of 1447b (judicial review of N400) is involved. The mandamus lawsuit should work with or without interview, in my opinion. Actually I have seen a post either on this forum or on shusterman.com regarding a CIS memo that mentioned something to the effect of mandamus without interview.

But if you ask lawyers, most of them will tell you that there will be no way for you to sue without having interview first. I believe it is not true. A lot of people waiting for I-485 have used mandamus successfully to get their cases approved, even before interviews or when the delays were not caused by name checks. The mandamus lawsuit is used to compel the CIS to complete cases that are being delayed for unreasonable period of time. If your case is like this, you can choose mandamus. If you cannot find an attorney willing to do this, just file yourself. there are many examples in this thread.