Lawyer fee paid by US Attorney?

V

VJB

Registered Users (C)
For those of you guys out there who are waiting for FBI name check for over a year and need file mandamus, have you ever heard of Equal Access to Justice Fees? From whatever little info I read about this, it sounds like the court may award attorney fees uder EAJA. In other words, the US Attorney representing CIS has to pay your lawyer fees.
Does anybody know more about this? For example, in what situation would the court award such fees, such as income limit or undue delay bu CIS?
 
VJB said:
For those of you guys out there who are waiting for FBI name check for over a year and need file mandamus, have you ever heard of Equal Access to Justice Fees? From whatever little info I read about this, it sounds like the court may award attorney fees uder EAJA. In other words, the US Attorney representing CIS has to pay your lawyer fees.
Does anybody know more about this? For example, in what situation would the court award such fees, such as income limit or undue delay bu CIS?
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Sounds interesting! Let's get more information about it.
:)
 
You file in the court, and then start negotiating with US Attorney. My info is that most of the time, they expedite your case and there ends the case. As a part of this negotiation, you give up EAJA fees.

In the rare case you actually go to the court and fight, AND win (ie, court finds FBI guilty of taking unreasonable time-- which is a long shot), then you can think of EAJA.

Basically -- if you go to court, be ready to pay attorney fees. See my earlier post: http://immigrationportal.com/showthread.php?t=167288
 
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