Has anyone sued USCIS?

N

ned

Registered Users (C)
Has anyone sued USCIS for delayed I485 approval? I've exhausted all efforts 2 AILA inquiry with escalation. Numerous CS, congressman and senatorial inquiry. My lawyer is now contemplating to take the nuclear option. Any experience will be appreciated.
 
I dont have personal experience, I heard a story that someone sued for EAD pending for about a year, and they approved it the second day after the law suit.
with I-485, i think they can always hide behind "name check". If this was the case I dont see much leverage, unless you can prove ignorance by not requesting name check or processing the feedback in timely manner.
 
role of other agencies in the process?

Can you please tell me your EB category and PD? If your PD was ever retrogressed then the case may not be as compelling. Additionaly if the delays are due to Name check or FBI clearance then again USCIS would not be responsible for the delay.
 
Last edited by a moderator:
If I am here ..

ned,

If they transfer my case to another wrong location or do not approve me in the coming year then I will defenitely consider it. Not sure what that might accomplish but I will defenitely give it a thought.

These people are toying with our lives. I do not mind waiting but I hate the incompetency and the inconsistency of this damn process. I agree with "too_long" in that the whole "name check" process is being used by the TSC to shift the blame onto the FBI and get the heat of them.

My stance is very clear. If there is somethign wrong with my application then I expect TSC to let me know about it. If they feel that there is a major problem (I KNOW THERE ISN'T) then just reject my application so I can move on with my life somewhere else. Do not keep sending my application to different locations and delaying it indefenitely without any explaination. I have honestly come to the point where I am ready for an outcome even if it is not a pleasant one.

regards,

saras
 
I am trying other options and will continue to do so till Dec '05. After that, I will give a serious thought about filing a lawsuit...
 
ned said:
Has anyone sued USCIS for delayed I485 approval? I've exhausted all efforts 2 AILA inquiry with escalation. Numerous CS, congressman and senatorial inquiry. My lawyer is now contemplating to take the nuclear option. Any experience will be appreciated.
Click to expand...


Hi

No I have not as yet but may well do so soon as my sons case has been pending since Jan 2002- Then London lost or did not receive case (I 824-approved) follow to join

There is something called mamadus (sorry do not know how to spell the word) I think this is a sort of letter of intent to sue

Let us know how you get on

Regards Sue

Perhaps you should get onto your attorney to write such letter
 
I plan to do so

I plan to do so within next 30-60 days if I don't get anything back.

The crucial moment for mandamus, you have to demo to judge that you have exhausted all available (non-judicial) options to resove this situation, e.g. requests to USCIS, requests through congressman/senator, letters to finally do namecheck to Hooton/Cannon.

Judging from the quotes I am getting right now, i am looking at the amount between 1500-2500$/legal fees+250$ filing fee. I will keep posted.

Btw, looks like it is unclear if you can use mandamus against overseas consulate.
 
Last edited by a moderator:
You must log in or register to reply here.
Top