I-485 petition approved after filling a Writ Of Mandamus (WOM)! & how to file a WOM?

K

KBLI

Registered Users (C)
After extensive delay in the processing of my I-485 petition and EAD application due to background check (FBI name check/security review), I filed a Writ Of Mandamus (legal action) against USCIS and the FBI. As the result my case has been approved and I received my green card. To help other in my situation, I posted all the resources (documents, sample cases, and links) I used in my lawsuit at the following links: www.sourcelook.com/immigration.aspx . There, you will find a lot of resources not only about taking legal action against USCIS but also about US immigration in general and how to file for US immigration benefits. Dealing with USCIS can be sometime challenging. But, do not give up! Call them every month (make sure to write down the name of the person you talk too and get a reference number proving that you call customer service), make infopath appointment every months (write down also the name of the immigration officer you spoke with and ask the officer to give you something showing you were there, and make a copy of all your infopath appointment forms and keep them). I hope that help! If you have specific questions about US immigration benefits, please do not hesitate to send me a private message or post them in this forum. I will create an immigration FAQ section in the above links to answer some of the things I had to deal with on my case. Good luck to all of you!
KBLI :D
 
Bravo KBLI

KBLI said:
After extensive delay in the processing of my I-485 petition and EAD application due to background check (FBI name check/security review), I filed a Writ Of Mandamus (legal action) against USCIS and the FBI.
KBLI :D
Click to expand...

Congrats KBLI and a big applause for fighting it out. This gives hope to lots of fellow sufferers who are thinking of doing the same and somehow got discouraged by the recent release from USCIS that they may not expedite the case because of WOM.
 
I don't want anyone to go through what I went through. More than 19 months without working for luck of work permit and back ground check, is unacceptable. That why I posted all the resources I used on my case. I will write an article about filling a successful WOM and post it on the website (www.sourcelook.com/immigration.aspx ) and here in this forum. The articles will contains not only the steps to file a WOM but also what to do to make it hard for the AUSA and USCIS to file a Motion To Dismiss (MTD).
 
How long it takes?

KBLI

Can I ask you how long it took them to approve you from the day you file WOM?
My name check is pending for 36 Months!!
I have my lawyer filing the WOM she told me most of the cases have a good chance to win unless there is problem in filing the case
Did you put FBI as defendant as well or only USCIS?

Thanks
 
Guys

I called USCIS yesterday, the first person I talked to was very nice and she referred me to an officer the IO asked me what was the problem and I told her the all story then she says: " What do you want me to do?" I said I am a customer I need answers she says : " Many people are waiting just wait"!!! She even did not bother looking up my case!!!!
 
Congratulations, and question for you?

Congratulations, KBLI. Do you mind to share which state you are in? Thanks,
We are also considering to file WOM soon.

KBLI said:
After extensive delay in the processing of my I-485 petition and EAD application due to background check (FBI name check/security review), I filed a Writ Of Mandamus (legal action) against USCIS and the FBI. As the result my case has been approved and I received my green card. To help other in my situation, I posted all the resources (documents, sample cases, and links) I used in my lawsuit at the following links: www.sourcelook.com/immigration.aspx . There, you will find a lot of resources not only about taking legal action against USCIS but also about US immigration in general and how to file for US immigration benefits. Dealing with USCIS can be sometime challenging. But, do not give up! Call them every month (make sure to write down the name of the person you talk too and get a reference number proving that you call customer service), make infopath appointment every months (write down also the name of the immigration officer you spoke with and ask the officer to give you something showing you were there, and make a copy of all your infopath appointment forms and keep them). I hope that help! If you have specific questions about US immigration benefits, please do not hesitate to send me a private message or post them in this forum. I will create an immigration FAQ section in the above links to answer some of the things I had to deal with on my case. Good luck to all of you!
KBLI :D
Click to expand...
 
Last edited by a moderator:
hey kbli, way to go brother..
will need more people like you..
please help to ease our pain...
congractullations.
 
neright said:
Guys

I called USCIS yesterday, the first person I talked to was very nice and she referred me to an officer the IO asked me what was the problem and I told her the all story then she says: " What do you want me to do?" I said I am a customer I need answers she says : " Many people are waiting just wait"!!! She even did not bother looking up my case!!!!
Click to expand...

Don't be discourage! Did you get some type of reference as proof that you called? if not, write down the following info about your call: date, time, name of the officer or customer services agent if you reminber ( they always give their name, next time make sure you write it down. if they don't give you their name, ask for it), what you told them, what they told you (try to reminber as much as possible about your conversation with the officer or the costumer services agent). make an infopath apointment. how long is your case been pending?
Take the following steps
1. send expedite request to the USICS office in charge of your case
2. did you contact your congressman or senator? if not send letter to your congressman first and wait to see. or you can go the congressman office. If nothing happen, contact your senator.
3. contact the ambudsman office (I have their link www.sourcelook.com/immigration.aspx)
4. send letter to the following person with supporting documents: Michael Chertoff, the US attorney general, the US attorney in city, the director of USCIS, the director of your local USCIS office, the director of the servies center processing your case.
(keep a copy of all the letter you sent to them. I did this myself. Some of them will reply to your letter.)

If your case is still not resolve, you will have enough evidences to file a WOM and it will be very difficult for the Assistant US attorney to file a motion to dismiss depending how you write your complaint in the WOM. If it get to that, let me know i will guide you. I am also drafting guideline to help everyone in these situation. I will post the guideline to the website once complete.

I hope that help and I hope your case get resolve soon.
 
neright said:
KBLI

Can I ask you how long it took them to approve you from the day you file WOM?
My name check is pending for 36 Months!!
I have my lawyer filing the WOM she told me most of the cases have a good chance to win unless there is problem in filing the case
Did you put FBI as defendant as well or only USCIS?

Thanks
Click to expand...

I filed my WOM in ealry May and my case was resolve at the end of August. It took little longer because i relocated so, uscis had to tranfer my file to another office. But my WOm remained in the southern district of florida.
 
I took IO name and the date and took note of the conversation,
I have tried through 2 congressmen and one senator more that 20 inquiry tickets which I have the copies 4-5 infopasses and many phone calls to the 1-800 number still not going anywhere my lawyer suggested the WOM as the way to go, she wont file the WOM there is another lawyer who files it (is gonna cost me $3000 to $4000 but I rather pay the money and get over with it ( I have paid more that that for EAD and AP renewals and sttorney fees already)
KBLI thanks for sharing the info

Regards
 
neright said:
I took IO name and the date and took note of the conversation,
I have tried through 2 congressmen and one senator more that 20 inquiry tickets which I have the copies 4-5 infopasses and many phone calls to the 1-800 number still not going anywhere my lawyer suggested the WOM as the way to go, she wont file the WOM there is another lawyer who files it (is gonna cost me $3000 to $4000 but I rather pay the money and get over with it ( I have paid more that that for EAD and AP renewals and sttorney fees already)
KBLI thanks for sharing the info

Regards
Click to expand...

A WOM might be a good idea for you. Did you request a FOIA? if not you can request from the FBI to see if there is somthing in your background that might be holding your case. You just need to send a very simple letter to the FOIA department of the FBI. I did it and they send me my FOIA within 2 weeks. Having your FOIA showing that there is nothing in your background that can justify the delay, will help you with your WOM. I update the website with additional information about WOM. I suggest you read it before you proceed.

http://www.sourcelook.com/WritOfMandamus.aspx

GOOD LUCK!
 
Hi KBLI,

Can I ask you how long it takes to get the green card after your name check cleared?

I got a letter from FBI, saying that my name check is completed on August 14, 2007. And the result is forwarded to USCIS, headquarter, in washington DC. At the same time, I got a letter for finger print, scheduled on 9/25/2007.(since my first finger print was on 2003, I think they need it). Do you think how long will takes for USCIS to approve my case? I have a family base petition, we already had our interview on 2005.

Thanks in advance for your reply.

Vicky
 
vicky2006 said:
Hi KBLI,

Can I ask you how long it takes to get the green card after your name check cleared?

I got a letter from FBI, saying that my name check is completed on August 14, 2007. And the result is forwarded to USCIS, headquarter, in washington DC. At the same time, I got a letter for finger print, scheduled on 9/25/2007.(since my first finger print was on 2003, I think they need it). Do you think how long will takes for USCIS to approve my case? I have a family base petition, we already had our interview on 2005.

Thanks in advance for your reply.

Vicky
Click to expand...


From another immgration website, I found that someone got his green card in 3-4 weeks after his name check is cleared.
 
wommei said:
From another immgration website, I found that someone got his green card in 3-4 weeks after his name check is cleared.
Click to expand...

Hi wommei,

Thanks for your information. You are in chicago area, right? I remembered you asked how is the chicago area. I think wom works here. You can see it from my case. I went to the court hearing for once, the judge seems to be very nice. The US Attorney is helpful too.

Good luck on your case!

Vicky
 
vicky2006 said:
Hi KBLI,

Can I ask you how long it takes to get the green card after your name check cleared?

I got a letter from FBI, saying that my name check is completed on August 14, 2007. And the result is forwarded to USCIS, headquarter, in washington DC. At the same time, I got a letter for finger print, scheduled on 9/25/2007.(since my first finger print was on 2003, I think they need it). Do you think how long will takes for USCIS to approve my case? I have a family base petition, we already had our interview on 2005.

Thanks in advance for your reply.

Vicky
Click to expand...


Hi Vicky,
I belive my name check was cleared at the end of june, 2 week after my interview was schedule and i got my green card end august and begining sptember. If your name check has been cleared, you petition should be approve soon. May be within a month.
Thanks
 
vicky2006

vicky2006 said:
Hi wommei,

Thanks for your information. You are in chicago area, right? I remembered you asked how is the chicago area. I think wom works here. You can see it from my case. I went to the court hearing for once, the judge seems to be very nice. The US Attorney is helpful too.

Good luck on your case!

Vicky
Click to expand...

Thank you for your timely reply. Could you give me the time frame about how you filed WOM? Something like

June 28th, filed WOM
*&*&**, went for hearing
*&&&&*, called US attorney
*****, got Motion to dismiss
........................

Sorry for asking you so much details. I already got the complaint and summons ready. I haven't go to court or file anything yet because I don't know how much time I need to spend on this thing. I will have an important exam on November 7th and am wondering if i should file the case before or after Nov 7th. THanks for sharing. And good luck with you getting green card.
 
congratulation! ask Question

vicky2006 said:
Hi wommei,

Thanks for your information. You are in chicago area, right? I remembered you asked how is the chicago area. I think wom works here. You can see it from my case. I went to the court hearing for once, the judge seems to be very nice. The US Attorney is helpful too.

Good luck on your case!

Vicky
Click to expand...

My AUSA looks nice but he does not work on my case. How long did you get your approve after court hearing?
 
I went through the same ordeal, too, and I commend the OP for taking the time to help others. I just don't have the time and patience myself. Good work!

And wommei: Here are some basic information you requested:

10/05/06: WOM filed.
10/10/06: US Attorney served.
10/17/06: Called AUSA and established contact.
10/20/06: Name check cleared according to Infopass.
11/29/06: 485 approved.

There was something happened before the approval, which I don't want to talk about anymore. If it had not been because of that, the approval date would be around 11/7/06 or so. But this was before USCIS released its new policy on WOM.

Anyway, as long as you've finished your complaint, there isn't much you have to do before you need to respond to Motion to Dismiss (if there is one). I would suggest you file the WOM as soon as you can. Don't wait. More and more people are going through this route. The longer you wait, the more trouble you'll likely have to face. Do it now.
 
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