Filed 1-485 in June 2004, shall I sue (Writ of Mandamus)?

[Ethio9]

Hello All,
I filed I-485 based on refugee status in June of 2004. I was interviewed I believe early 2005 after having gone through the Finger Printing process. At the time of my interview I was asked to produce a letter from court stating that I have no record. When I was 10 I committed a misdemeanor for which I did community service hours and in return got it sealed. At the conclusion of the interview I mailed in a court paper stating I have no record and along with that sent proof of my age. Ever since 2005 I have been constantly calling the USCIS disservice center and got the same news every time that my paper is within the processing time frame. I had used an Infopass to visit the San Francisco office and got the same old reply. On April 22, 09 I had a second interview at which I was told to register for selective services since I turned 18 January of this year. I mailed proof of my registration with Selective Services yesterday (June 4, 09) to USCIS office in San Francisco. Has anyone gone through a similar process? Now that I'm 18 and can legally represent myself in court I'm strongly considering filing for Writ of Mandamus. Shall I give them time to reply or just go ahead and file with courts? Please help and any response will be greatly appreciated.

 

[baikal3]

Hello All,
I filed I-485 based on refugee status in June of 2004. I was interviewed I believe early 2005 after having gone through the Finger Printing process. At the time of my interview I was asked to produce a letter from court stating that I have no record. When I was 10 I committed a misdemeanor for which I did community service hours and in return got it sealed. At the conclusion of the interview I mailed in a court paper stating I have no record and along with that sent proof of my age. Ever since 2005 I have been constantly calling the USCIS disservice center and got the same news every time that my paper is within the processing time frame. I had used an Infopass to visit the San Francisco office and got the same old reply. On April 22, 09 I had a second interview at which I was told to register for selective services since I turned 18 January of this year. I mailed proof of my registration with Selective Services yesterday (June 4, 09) to USCIS office in San Francisco. Has anyone gone through a similar process? Now that I'm 18 and can legally represent myself in court I'm strongly considering filing for Writ of Mandamus. Shall I give them time to reply or just go ahead and file with courts? Please help and any response will be greatly appreciated.

Yes, it sounds like your case is very much ripe for filing a mandamus lawsuit. You should look up the thread on lawsuits in the thread dedicated to this issue: http://forums.immigration.com/showthread.php?t=194681

Regarding Selective Service, this is not unusual and the IO was correct: upon turning 18 you do have to register (but this is not something that should be holding up your I-485 application). I would also suggest writing to both U.S. senators for your state and to the U.S. representative as well about your case and asking for their assistance. Plus you may want to do the same with the CIS Ombudsman.

 

[hazeltanedo]

Hi! I think we have a similar situation and would like to seek for an advice on my case. I filed my I-485 last 2008 under EB2, finger printed November 2008 and re-did the finger printing December 2008, got my EAD February 2009, interviewed by a USCIS Judication Officer - Baltimore office last November 2009. He told me that I need to have finger printed again for the 3rd time. Got my finger printing done the same day and mailed it to the USCIS office. Followed up through Inforpass twice but they told me that they are waiting for my papers from the service center. Until now I have not received my greencard. My EAD will expire February 2010 and we are planning to go out of the country is it safe to travel outside the country with this case? My spouse received his green card June 2009. Is there any way to speed up the process of my application? Is it also good for my case to file a lawsuit? Please advise. Thanks a lot! Really appreciate your help!

 

[Jackolantern]

My EAD will expire February 2010 and we are planning to go out of the country is it safe to travel outside the country with this case?

Do you mean Feb. 2011?

You can travel if you have Advance Parole. Or if you have a valid H1B or L1 and are still maintaining that status by working for the same employer.

My spouse received his green card June 2009.

Was he the primary applicant and you are tied to his GC process, or is your I-485 independent of him?

Is your priority date current? If not, your WOM will be tossed out.