Name check cleared after mandamus filing

Speaking of coincidence, there is always such possibility. But as I mentioned in my previous post, my congressman, senator, and myself made numerous inquiries after the interview and nothing changed. Things only started moving forward after my mandamus filing. It is my speculation that the mandamus filing made the difference.

For me, there were to options: wait for the mercy of the FBI/CIS (maybe for a very long time), or stand up to my rights and give myself a real chance. I took the latter and I believe I made the right decision.
 
mandamus or hearing

dw2005 said:
Speaking of coincidence, there is always such possibility. But as I mentioned in my previous post, my congressman, senator, and myself made numerous inquiries after the interview and nothing changed. Things only started moving forward after my mandamus filing. It is my speculation that the mandamus filing made the difference.

For me, there were to options: wait for the mercy of the FBI/CIS (maybe for a very long time), or stand up to my rights and give myself a real chance. I took the latter and I believe I made the right decision.
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Are you saying that mandamus is more effective than hearing? From what I have read so far in this forum I understand that Hearing is more effective. Any suggestion on this.

dw2005 - Can you tell us how much your lawyer charged for you?
 
It dependes on whether the CIS wants to fight the law suit.

If the CIS does not want to fight the suit, I think mandamus is faster because all CIS needs to do is to request FBI to expedite the NC, which FBI will generally comply according to my understanding. So you can expect everything to be completed in 2-3 months.

If the CIS does fight the law suit, then judicial review may be a better option because the application is out of CIS's hands. I do not have any experience or in depth knowledge in this. It is just my thought.

I found some links with related information (#2 is the link to an attorney's website showing a CIS memo on NC expedite):
1. http://www.ilw.com/articles/2005,0222-siskind.shtm
2. http://www.cella-associates.com/news.php?do=view&sid=102

Hope this helps.
BTW, I posted previously about my attorney's charge. It was $1500 flat fee plus $250 court filing fee. If the CIS decided to challenge the suit so that court appearance was needed, he would charge me more on a hourly basis.
 
dw2005 said:
Speaking of coincidence, there is always such possibility. But as I mentioned in my previous post, my congressman, senator, and myself made numerous inquiries after the interview and nothing changed. Things only started moving forward after my mandamus filing. It is my speculation that the mandamus filing made the difference.

For me, there were to options: wait for the mercy of the FBI/CIS (maybe for a very long time), or stand up to my rights and give myself a real chance. I took the latter and I believe I made the right decision.
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In any event (coincidence or not) you did the right thing and you should be proud of yourself.
I came in this country 15 years ago (legally) and I got my green card after 8.5 years...because INS lost my file and I had to go to an immigration judge to have my case reopened and to get my G.C.
Now, applying for Naturalization the history is repeating, only this time is not INS but FBI...other people who have good salaries and excellent benefits and pension plans paid with our tax money!!!
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A story:
A good friend of mine came here a couple of months before me...and wasn't "so lucky" like me, he didn't get his Green Card after...8.5 years...tortured by panick attacks (Anxiety dissorder) Depression, white nights not being able to sleep after 12 years of waiting he gave up, left back to the old country convinced that this country doesn't want him (Wrong: America and the americans welcome any good, clean, honest human being from all the corners of the planet, there are just a hand full of incompetent public servants (not all of them) who make us feel unwanted!)
"Funny" thing...after he left, his roommate received a letter from INS with the approval of his Green Card!!! :( :D :mad:...my friend was so disgusted that he didn't want to come back...in fact I'm not sure if he could, after 1 year outside without having Permanent Residence.
He was a teacher at L.A. Unified School District, a honest guy with a clean record, who entered legally in US...in comparison with most of L.A. immigrants who are just jumping over the imaginary line (called border) not bothering to worry about visa or other legal immigration aspects for that matter.
 
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Writ of Mandamus and Attorney fees

Question for the gurus here: If one goes thru all the steps of giving a fair warning to USCIS, no reponse, then files an actualual suit, still no reponse, and then ends up in trial with these lazy bueracrats, what are the chances that this person will be awarded attorney expenses? It seems to be clear that this huge expense could be avoided if USCIS employees did their job, and it would be unreasonable for a person to spend thousands of $$$ to compel them to get off their asses. Any experience with it?
 
JohnnyCash said:
First of all, people should know that USCIS has nothing to gain to "fight" a case in the court against immigrants.................
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Fifth, if someone will bother to read courts' cases then people would know that most of times Judges have granted the Motion filed by USCIS on the ground of 'security clearance is pending' because Courts' position is- [1] USCIS is not responsible for security clearance; [2] without a security clearance, USCIS cannot make a decision on a case as per immigration laws. That said, opposing the Motion wouldn’t do any good. Besides, even though someone opposes a Motion that doesn't mean that Motion will be denied. Judge is the one would make the ruling on the Motion depending upon the merit and logical reason in the case.
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Base on what you say at #5, I come to the conclusion that is better to sue the INS filing a "Petition for Hearing on Naturalization Application" rather than a "Writ of Mandamus". Am I right, what do you think?
...or if INS files a Motion as a response to your Mandamus instead of fighting the Motion, just change direction and sue them again with a Petition for hearing...
 
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vulpasin said:
Base on what you say at #5, I come to the conclusion that is better to sue the INS filing a "Petition for Hearing on Naturalization Application" rather than a "Writ of Mandamus". Am I right, what do you think?
...or if INS files a Motion as a response to your Mandamus instead of fighting the Motion, just change direction and sue them again with a Petition for hearing...
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That is correct. Writ of Mandamus may be hard to defend and requires a lot of arguments. On the other hand, 1447b states that, if USCIS failes to make a decision within 120 days, the applicant can go to the court. The court then takes the case and USCIS loses jurisdiction. It is beautiful and easy. So why complicate things by using a writ of mandamus while 1447b says the court can decide the case? All you have to do then is show the court that you meet the requirements of citizenship and it's done. It is very simple.
 
SlowJedi said:
Question for the gurus here: If one goes thru all the steps of giving a fair warning to USCIS, no reponse, then files an actualual suit, still no reponse, ...
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That's it, it ends there. If you have properly served the defendants (USCIS in this case) and they fail to respond (which never happens), technically you win the case. You must file a Motion for Judgment by Default pursuant to Rule 55 of the Federal Rules of Civil Procedure.

Remember, the court does nothing unless you ask it to do so, using motions. You can't just file your complaint and go to sleep. You must prosecute the case. Follow up with motions and answers to motions if required. Trial date is usually set after the initial case management conference.

On another topic, you may gain attorney fees if you are ordered prevailing party in the case. Usually USCIS will adjudicate the case before the trial then ask for case dismissal which will make it hard for you to get any money. But who needs it, all I want is my Certificate of Naturalization.
 
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On another topic, you may gain attorney fees if you are ordered prevailing party in the case. Usually USCIS will adjudicate the case before the trial then ask for case dismissal which will make it hard for you to get any money. But who needs it, all I want is my Certificate of Naturalization.[/QUOTE]



It's true, the Certificate of Naturalization it's all that we want but...will be good if a judge will impose some monetary penalties or at least make them pay attorney fees every time when they are sued and loose, maybe in the future they will be more considerate with the guys coming after us...even though the imcompetents resposible with messing our cases don't pay from their own pockets, they pay with our tax dollars!
 
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Publicus said:
That is correct. Writ of Mandamus may be hard to defend and requires a lot of arguments. On the other hand, 1447b states that, if USCIS failes to make a decision within 120 days, the applicant can go to the court. The court then takes the case and USCIS loses jurisdiction. It is beautiful and easy. So why complicate things by using a writ of mandamus while 1447b says the court can decide the case? All you have to do then is show the court that you meet the requirements of citizenship and it's done. It is very simple.
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Questions:
The Court doesn't need a Name Clearance from FBI and then we're going back to square one?
Or the Court can force FBI to solve the matter timely not as usual at their own pace?
 
vulpasin said:
Questions:
The Court doesn't need a Name Clearance from FBI and then we're going back to square one?
Or the Court can force FBI to solve the matter timely not as usual at their own pace?
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File a FOIPA with the FBI. If you have no records, it will show that you have a clean record. We can never guess how the court will decide the case. It is all up to the Judge's discretion. He may order the FBI and USCIS to complete the case within a certain date, or he may decide the case.
 
I am stuck in NC too for more than 2 yrs. but i am in 485. not N400. does Writ of Mandamus apply to me? can i file it for GC instead of citizenship?
 
You can if your application has been pending for longer than it should have. For example, it has passed the processing time the CIS gave you or most people filed around the same time as you did have already had theirs completed. Of course, the visa should be current for your country of birth for your case to stand.
 
dw2005 said:
You can if your application has been pending for longer than it should have. For example, it has passed the processing time the CIS gave you or most people filed around the same time as you did have already had theirs completed. Of course, the visa should be current for your country of birth for your case to stand.
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dw2005
You, lucky devil, you shouldn't be in this thread anymore...you've got your Citizenship, you should be carefree on some tropical island enjoing your American Passport and feeling free like a bird...
Anyway, all of us, who are not there yet, we appreciate your contribution here, and I think, I for one, I'll do the same after I get my Naturalization. Only if we keep ourselves informed we can overcome the difficulties created by those incompetents from INS and FBI.
 
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vulpasin said:
dw2005
You, lucky devil, you shouldn't be in this thread anymore...you've got your Citizenship, you should be carefree on some tropical island enjoing your American Passport and feeling free like a bird...
Anyway, all of us, who are not there yet, we appreciate your contribution here, and I think, I for one, I'll do the same after I get my Naturalization. Only if we keep ourselves informed we can overcome the difficulties created by those incompetents from INS and FBI.
Click to expand...

Thanks for the kind words, Vulpasin. This is exactly what I am trying to do: to share my experience with those still in the woods so that their path out can be shorter and easier. I have been there, in frustration and feeling helplessness. So I understand how others in the similar situation feel. I hope my experience can help as many as possible to get what they deserve.

But your suggestion on relaxing on a tropical island is really a good one. I should look into this. Just one more thing I need to do first: saving enough money in order for that to happen : )

Have a merry Christmas.
 
dw2005 said:
Thanks for the kind words, Vulpasin. This is exactly what I am trying to do: to share my experience with those still in the woods so that their path out can be shorter and easier. I have been there, in frustration and feeling helplessness. So I understand how others in the similar situation feel. I hope my experience can help as many as possible to get what they deserve.

But your suggestion on relaxing on a tropical island is really a good one. I should look into this. Just one more thing I need to do first: saving enough money in order for that to happen : )

Have a merry Christmas.
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1. I hope we'll keep in touch before Christmas, but if not, I wish you a Great, Happy, Healthy and Merry Christmas.

2. About money for a tropical island vacation...since you don't have to pay immigration lawyers anymore, you have a better chance than us to save...some green. :cool:
 
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Hey guys, I'm totally frustrated. Need your advise. I have been waiting for my Name check since 05/08/2003. I have done everything imaginable got 3 Senators. Wrote numerous letters to David Hardy, William Hooton, FBINNCP. You name it. But nothing yet. Besides the FBI thumb stumping them all and me, nothing. FOIPA came up "No Record" back in Sept 05. I would like to know what I need to do in term of a lawyer and all that stuff. And also why 1447b vs mandamus is better. Thanks guys
 
Tsa3400, you have been waiting too long. In stead of waiting for CIS/FBI's mercy, filing a law suit is probably the best option for you.

Find a good lawyer and give him/her a copy of all related receipts, documents and correspondences and ask him/her to file the suit for you.

I do not know too much about 1447b. I succeeded with mandamus. But there are success stories of both options. For mandamus, the reasonable price should be $1500-$2500 plus $250 court filing fee. If the case goes to court, the lawyers will charge more, likely on an hourly basis. But according to my attorney, most cases will be completed within 60 days of filing, the time period for the defendants to respond. If your application is straightforward and you do not have major problems with the law in your past, I think most likely you will see your application completed within 1.5-2 months.

When dealing with lawyer, be sure to check the progress of your case to make sure it is filed in a timely manner. My experience says to check with the lawyer every week.
 
thank you so much for your quick response. one thing I did forget to mention was that I've yet to get an interview date. I cannot believe that I've not been interviewd yet, so can I still file for a Writ ? Thanks for your speedy response and please if you can send me your lawyer's e-mail address or link please. Thanks again. Publicius, awaiting your thoughts and response on this

I-140 PD July 26 2000
I-485 April 25 2003
FP May 03
FP Sept 04
FOIPA - No Record or Hit
FBI name check clearance - 05/08/2003 no news but Priceless
 
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