Mandamus suit - some info

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memme

Registered Users (C)
As posted earlier, I have initiated my preparaion for the madamus legal complaint. Here are my findings so far. I am not 100% sure about these. So, any comment/modification from more experienced members will add value.

There is no application form to fill in. I just need to write a complaint letter. However, there is a suggested format.

Writ of mandamus is just a type civil complaint and procedure is same as that for civil complaint. I could specify my complaint being writ of mandamus prior to describing the complaint.

My submission must include - Cover Sheet, Complaint, Exhibits and Summons along with the applicable fee

There must be one summon for each defendent, one for attorney general and one of local US attorney

I will drop or mail my paper work to the state's federal court and then summons will be sent out to all the defendents by me after the court has stamped them.

P.S. - Can we form an expert panel consisting of members who have successfully filed writ of mandamus? Do we already have one? If you are the one, please let me know. It will be good if we can document that in one of the sticky postings.
 
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Good luck, memme. Hopefully, this action will expedite your name check. That's a rather long time you've waited.

My friend is stuck in name check and she wants some help. Is it possible for you to list the contents of your complaint or even an attachment of your letter (of course, hiding your personal info)? Thank you.
 
Sure I can. I am still collecting information and doing some ground work. I plan to submit the complaint around mid August. That will give about 45 days to USCIS since I just sent my notice of action to local USCIS director.
 
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Thanks, Memme. I wish that you hear from them within the 45 days, before you get a chance to file that complaint. Now, wouldn't that be great?
 
Memme - I am in the same boat as you. I am going to send a similar "Notice of Action" letter to the Dallas USCIS disctrict director tomorrow (it's all typed up and ready, just needs to be posted). Pending any response from them, I intend to file a "Writ of Mandamus" suit in September. Please share your research, templates, etc.

Thanks for all the info so far.

-Tinkerman
--------------------------
Family based AOS (wife USC)
filed I-130 and I-485 in Houston office 09/07/2004
Interview completed 03/18/2005 pending name check
No update since interview
 
Hi all,

I am also in the same boat and getting ready to sue in September. It will be 2 years in November. Lets all gel together, compare notes, forms, letters etc. and kick USCIS' butt
 
jenimmi said:
Thanks, Memme. I wish that you hear from them within the 45 days, before you get a chance to file that complaint. Now, wouldn't that be great?
Click to expand...

Thanks for your wishes. I really hope that I can get some good news by mid August. In either case, I will keep you and others posted.
 
tinkerman and EricNeesGC,

thanks for your support. together, we will able to do right and effective preparation for the lawsuit. Just as a matter of fact, I called a local lawyer to get an estimate on how much is their standard fee for such cases. I was shocked when she told me it would USD 10,000. So, even if some lawyers might quote less than this, I guess our hard work and research is still worth it.
 
Good luck with your case!
I am in a very similar situation.
Family based GC
I-485,I-131 8/2004
Interview - 2/2005 - approved pending clearance
Nothing but grieve since then. Every day hoping that the postbox will bring the good news and every day dissapointment.

So, do me a favor - stick it to THE MAN, as they say, from all of us.
 
Guys -

Is there a template or a sample of the "Notice of action" letter on the forum? If not, can one of you be kind enough to post it please?
One more thing - how long is one expected to wait before sending the "Notice of action" - after they are told in the interview that their name check is pending?
Thanks!
 
I sent out the letter to district office first and if I don't hear from them within the next month, I am going to sue. We are on the same boat. Please share more information with us as you move further.
 
jenimmi said:
Guys -

Is there a template or a sample of the "Notice of action" letter on the forum? If not, can one of you be kind enough to post it please?
One more thing - how long is one expected to wait before sending the "Notice of action" - after they are told in the interview that their name check is pending?
Thanks!
Click to expand...

I posted my notice of action in this thread. Hope that helps.

http://www.immigrationportal.com/showthread.php?t=220468

Regarding how long you wait, it usually depends on your situation and comfort level. However, I believe if your name check is pending for more than 18 months, you have a strong case.
 
Hi,

I am on the same boat...the only difference is my case is not pending because of background check, just simple lazyness... I sent my Intent to sue letter yesterday and gave them 10 days. I hired an attorney since I think the sigmnature is really matters for them. Mine charged 2,500, which is a lot, but worth it. Please keep me posted.... I am in Miami location.
 
memme said:
I posted my notice of action in this thread. Hope that helps.

http://www.immigrationportal.com/showthread.php?t=220468

Regarding how long you wait, it usually depends on your situation and comfort level. However, I believe if your name check is pending for more than 18 months, you have a strong case.
Click to expand...


Good Luck to you all !!!
Oh, by the way, after my name check has finally clearad 3 years later after the NOA letter, i received a letter from USCIS that they have to re take my fingerprints because they expired...it's a neverending nightmare...I'm back in the loop again...I want to cry
 
pumukliboy said:
Good Luck to you all !!!
Oh, by the way, after my name check has finally clearad 3 years later after the NOA letter, i received a letter from USCIS that they have to re take my fingerprints because they expired...it's a neverending nightmare...I'm back in the loop again...I want to cry
Click to expand...

Same will apply to me. I have been told (during my infopass appointment) that my FP has expired. However, they will not schedule the re-FP unitl name check is cleared.

Let's hope all goes well. I am inclined to think that this little hiccup will be nothing compared to your name check delay.

All the best and let me know the chronology of the events.
 
memme said:
Same will apply to me. I have been told (during my infopass appointment) that my FP has expired. However, they will not schedule the re-FP unitl name check is cleared.

Let's hope all goes well. I am inclined to think that this little hiccup will be nothing compared to your name check delay.

All the best and let me know the chronology of the events.
Click to expand...

Thanks memme. I keep you guys posted. Now Im gathering additional evidence they asked for...i guess tha past 4 years wasn't enough time for them to ask for it, so they decided it's time now...It's nice of them to give me 6 weeks to come up with all that junk....too bad I had 4 years to do it. They are something else...It's ok, it will be over soon.
 
I have updated the first posting in this thread with some more information. Also, I have got sample cover sheet and petition by searching other thread (see attachments). Hope that will help.

Correction: I have been posting that I will sue in Mid August. Actually, it will be mid September. I miscalculated the months.
 
Preparing for my lawsuit, I have asked my congress man and senator to submit fresh inquiries to FBI and CIS. Once they send me the latest status (most likely, with no change), I plan to submit that along with my complaint to the court. I guess that might be good exhibit.

Thinks are looking good and I am setting a target date of 12/31 to achieve my goal. Let's see how it goes. Folks in this forum and info on the threads is awesome.
 
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