I found this thread on:
http://www.immigrationportal.com/showthread.php?t=220468
Quote:
Originally Posted by memme
After I posted my dates on this forum, I have received enough encouragement for Writ of Mandamus. I am all set to prepare the paper work. Can anybody help with these:
1. Can I do it myself or I have to get in touch with an attorney? I know this is subjective question. But, I don't really mind if it takes a month of preparation, reading, etc.
2. Is there a detailed procedure somewhere on these forums? I remember reading something a while back. Being new (no. of visits) to the forum, I am not really very conversant in using the info here in effective way.
Any pointer will be of immense help.
Hello. My name check was pending since 2003. You dont necessary need an attorney for the writ of mandamus. I had several inquires and congressional inquires, with no result. You can get a Pro Se package from your state's federal court, or from their website. it gives you very detailed instructions about the filing. Before you file the suit, i strongly recommend that you write your local USCIS office a latter. Attention to the director of the local office. I sent them a notice of action, explaining that my name check has been pending for over 3 years, and i will be filing a mandamus suit with the federal court if they don't complete it within 30 days. Send it certified, signature required. 20 days later my name check has cleared last week. I didnt even need to file the suit.
I hope it helped.
Quote:
Originally Posted by memme
Thanks pumukliboy. When you say get the names of director, is it the same name that is listed at USCIS website. For San Jose, they name it as office in charge. For Phoenix, they name it as District Director.
Ok. here is my notice of action. any comment/suggestion is welcome.
SUBJECT: NOTICE OF LEGAL ACTION: WRIT OF MANDAMUS
Dear Sir,
My wife filed for my permanent residency (Green Card) in May 2004. The case moved at a steady pace and we had interview with the USCIS district office at XXXXX in October 2004. The officer approved the case and told us that name check is pending and once that is cleared, the Green Card will be sent to our new address in Arizona.
We have been waiting for almost 2 years now. My status can not be adjusted because of this delay in security clearance.
Name (in full) XXXXXXX
Complete Address XXXXXXX
Contact Details (XXX) XXX-XXXX;
XXXXXXXX@yahoo.com
Date of Birth XX/XX/XXXX
Country of Birth XXXXXXX
Alien Number A XXXXXXX
Application filed at XXXXXXX
Date of Application 05/20/2004 (Receipt is attached)
Date of Interview 10/26/2004 (Officer notified that name check is pending)
Considering the usual trend, I was expecting the Green Card in early 2005. I kept waiting as I didn’t intend to disrupt the normal processing. However, it seems that there has been a significant delay now.
I have written letters to Phoenix USCIS and San Jose USCIS. I have sent letters and email to FBI’s NNCP as well. No response has been received even after 6 months.
FOIPA - I requested search for my name in FBI’s central record system. I got the results of that search. There were no matching records for my name. (Copy enclosed)
I WILL BE FILING A MANDAMUS SUIT WITH THE STATE’S FEDERAL COURT IF MY CASE IS NOT COMPLETED WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE.
I certify under penalty of perjury that the foregoing is true and correct.
Sincerely Yours,
XXXXXXX
__________________
I will apply for a copy of my FOIPA, it should come within a month, when I have it I will send a copy to my district office attached to a letter similar to the one above. Will post updates.
I only found this forum a few days ago and I've got more info since then than I have in the last 3 years from USCIS. thanks to all.
boy it went fast though, considering i filed sept 18, 06 so again thank you just awaiting gc in the mail