Mandamus suit - some info

Memme-
That's a very positive outlook that you've got, despite what's happening with your namecheck. Thanks for sharing the progress of your case.
Wish you lots of good luck and to get your GC well before your target date.
 
Just wanted to post an update to my case. I received 3 emails from USCIS this morning about a welcome notice being mailed for my pending I-485. I had no emails for the corresponding I-130.

I think the notice I sent to the USCIS director in Dallas about filing a Writ of Mandamus suit did the trick.

Thanks,
Tinkerman
9/4/2004 - Applied I-485, I-130 in Houston
3/18/2005 - Interview - approved pending name check
MAR 2006- Case transferred to Dallas office
APR 2006 - 2nd FP
8/23/2006 - Welcome notice email received
8 Infopass appointments, 3 EADs, 3 APs
1 Letter to congressman, FOIPA request to FBI (no records)
1 Letter to USCIS director giving 30 day notice before I file for Writ of Mandamus (8/2/2006)
Waiting for GC........
 
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Achieved my goal of the year

memme said:
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.
Click to expand...

Just wanted to let folks in this forum know that I received the I-485 approval letter from USCIS yesterday thus beating my target date and ending the long wait. Thanks everyone for your support. Those who are intrested, pls see my detailed note here:
http://immigrationportal.com/showpost.php?p=1550226&postcount=6577

- Memme.
 
Hi, Memme,

big congratulations! i have been wondering what is going on with your case and I have been following your posting on the law suit thread started by Publicius. Wish you all the best!
 
Federal court fees for resolving name check

My friend has been stuck in the name check and now the attorney is considering federal court. The attorney does not have the experience for this so is recommending another attorney and his fee is $5000. Does anyone know what the federal court fee is?
 
memme,

Congratulations!!!

Your action is inspiring. I've been eager to hear how it went for you in your lawsuit and glad to see that it seems to have spurred some action. My wife and I filed for her permanent residency in June 2004 and in August 2005 were interviewed and "approved pending namecheck". As with your case, letters to congressmen, letters to the Ombudsman, requests for status updates with USCIS have seemed to have little effect. So perhaps the time is coming for us to more seriously consider filing a WoM.

We've not heard from you here very much during your process. I (and probably others) would certainly like to hear the details. Did you find the process cumbersome or difficult to manage? Who responded to your summons and when? Did you initiate contact with US Attorney per others' advice or did you wait for them to contact you? Did you have to appear in court (or at what point would you have had to)? Were there hidden costs beyond filings and mailings that you were not expecting? Details, man!! Details!!


Again huge congratulations!!!

Lardbird
 
lardbird said:
memme,

Congratulations!!!

Your action is inspiring. I've been eager to hear how it went for you in your lawsuit and glad to see that it seems to have spurred some action. My wife and I filed for her permanent residency in June 2004 and in August 2005 were interviewed and "approved pending namecheck". As with your case, letters to congressmen, letters to the Ombudsman, requests for status updates with USCIS have seemed to have little effect. So perhaps the time is coming for us to more seriously consider filing a WoM.

We've not heard from you here very much during your process. I (and probably others) would certainly like to hear the details. Did you find the process cumbersome or difficult to manage? Who responded to your summons and when? Did you initiate contact with US Attorney per others' advice or did you wait for them to contact you? Did you have to appear in court (or at what point would you have had to)? Were there hidden costs beyond filings and mailings that you were not expecting? Details, man!! Details!!


Again huge congratulations!!!

Lardbird
Click to expand...

Thanks Lardbird. I guess, I was more active in the sueing thread and if there were no postings by me, that's coz there was really no action from either side. Moreover, I was away from the USA for 3 weeks after filing the lawsuit.

Anyhow, here are the details:

The process is really easy and is not at all difficult. Thanks to the sueing thread. The help provided in this forum is more that sufficient. Only thing that I thought might be difficult was preparing the complaint. But, I was wrong. By using the templates and some personal facts, it is really easy. Rest is all procedural and there is abundance of experience in the forum. Almost all procedural question are answered by the friends at the forum in a professional and detailed fashion.

No one has responded to my summons yet as they still have time. 60 day period ends in couple of more days.

About 3 weeks after filing, I called the AUSA office and determined my AUSA. Then, I called her and introduced myself. I took her phone numbers and email address and provided mine to her in case she needed to contact me. She told me that she may not respond until November.

I did not go to court. I guess my case will not reach that stage. I might get a dismissal request from AUSA in a day or two.

No hidden costs apart from photo-copying at Kinkos and parking fee at the court where I filed complaint and summons in person. If you consider time away from the office as cost, then that may be it.

Hope this helps. Feel free to ask more if needed. But, my case has been very uneventful. When I came back to US after vacation, appointment letter for 2nd FP was in the mailbox. I got that done on 11/2. On 11/6, they approved my I-485.
 
memme,

Thanks for the response. Do you believe that your case was given attention as a direct result of your suit? Ie, that filing applied some pressure to some unseen bureaucrat to find the file and act on it? Other than having your welcome letter in hand (obviously the most important result), has anyone at USCIS, AUSA, Congress, VSC etc commented to you that your suit was an impetus for their action? I ask only because the constituent service rep with my congressman's office has effectively discouraged me from filing WoM because she insists they are ineffective...her rebuttal to my example of cases like yours is that any action following a WoM suit is strictly coincidental. I have trouble believing that.

Again, huge congrats,

Lardbird
 
lardbird said:
memme,

Thanks for the response. Do you believe that your case was given attention as a direct result of your suit? Ie, that filing applied some pressure to some unseen bureaucrat to find the file and act on it? Other than having your welcome letter in hand (obviously the most important result), has anyone at USCIS, AUSA, Congress, VSC etc commented to you that your suit was an impetus for their action? I ask only because the constituent service rep with my congressman's office has effectively discouraged me from filing WoM because she insists they are ineffective...her rebuttal to my example of cases like yours is that any action following a WoM suit is strictly coincidental. I have trouble believing that.

Again, huge congrats,

Lardbird
Click to expand...

Well, I have been pretty aggressive in past 3 months or so. i.e. I contacted CIS ombudsman and FBI, Sent letters, Sent intent to Sue and finally sued. I know one of these worked as even ombudsman response mentioned that if i don't hear witin 6 months anything, let his office know.

I believe that my file lost some dust due to one or more of the above and when I finally sued, they just completed the pending work.

I also believe that the AUSA may not have done enough yet. But, I may never know what really happened. May be I would have got the same result if I had not sued.

Obviously, at this point I am not intending to spin my head on how things fetch the end result. End result is positive and to me this is all that matters. I have had enough in last 2-3 years. :eek:

My personal note to you will be: do whatever you need to do for 2 reasons:

1. For your self satisfaction that you are not keeping any stone unturned
2. You don't want to loose more time thinking that some of your action(s) may be futile.
 
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