Name check cleared after mandamus filing

I thought you were talking about your naturalization application. For naturalization, there is the 120 day rule, meaning you may file a law suit 120days after your interview if still no decision. But I do not know about any related law/rule on I-485 application. Is the visa for your country of birth current? If not, there is nothing you can do unless your spouse was born in a different country and that country's visa is available (cross chargeability doctrine).

If the visa is current, then you may consider a law suit if the process time on your receipt has passed or if most people filed around the same time as you did have already completed their applications.

Good luck to you.
 
Actually it is for AOS as my employer filed for me so it is for Adjustment of Status thru employment (I-485). I don't understand what you mean by naturalization. I'm talking about the Green Card. Sorry if I wrongly quoted anything earlier
 
Question for you dw2005, why did they have to do a name check for you when you already had a green card and name check is only done before one gets the green card. Thanks again. I was under the impression that once the green card is issued you wait for 5 years and then just apply for the N-400 naturalization, so how come they had to do a name check again ?
 
Well, CIS will do a name check again for naturalization applicants, just like FP. It is my understanding that the NC will be done once for each application and FP result is only valid for 15 months.

I guess they want to do NC again when naturalizing to make sure you have not turned bad in that five years.
 
Hi all, it looks like Im in the same boat as a lot of you.

This is my timeline:
PD: 4/25/05
FP: 6/28/05
Currently the district office is working on N400 cases filed after May 31 2005.

I havent gotten any action since my fingerprints. In december i called my senator to check up on whats happening with my case. Yet to hear from them after almost 30 days. Sigh. Did the infopass thing and they said my name check needed to clear. I called the fbi fingerprint office and they said that my fingerprint was done and checked.

My question is: Without the interview being done, do i still have the option of filling a writ of mandus? Im trying to get my wife of 4 years to this country and the separation is driving us crazy. Thanks for any help/suggestions.

kirit
 
dw2005 said:
After stuck in the name check for 20 months, I finally completed my long journey of naturalization and become a US citizen today. Here is my timeline:

1/2004, N-400 filing
3/2004, FP and name check submitted
3/2005, Interview (was told NC was pending)
3/2005-7/2005, called, wrote, e-mailed and faxed to USCIS and FBI numerous times regarding the delay; requested FOIPA from FBI, requested helps from congressman/senator... Still pending
6/2005 2nd FP
8/2005 Hired an attorney and sent a letter of intent to sue to the USCIS, giving them 30 days to respond. Nothing happened
10/2005 Filed wit of mandamus
11/9/2005, NC cleared
11/22/2005 Citizenship approved; Oath taken

Although it has been a long journey for me, I am a happy person today. Thank you all for sharing information. This site has been really helpful to me. My biggest tip based on my experience: put all your trust and faith in God, and He will provide.

Good luck to all who are still in the journey. Wish good things happen to you all soon.
Click to expand...

Congratulations dw2005, I have a quick question for you. Were you given any kind of questionnaire forms before you take the oath? If yes, what form were you given and what kind of questions were you asked?
 
Do all USCIS petitions go throught the same name check process? Is it different for different petitions like I-485, I-751 and N-400?
 
NAMABER: My attorney is in Atlanta. I do not know any attorney in NJ.

epicstruggle: The law says a decision has to be made within 120 days of interview. I heard from other posts that it may not be possible to file mandamus in the absence of interview.

needsolution: Yes. There was a form that needed to be turned in at the oath ceremony. There were 7 or 8 questions on the back of the form. I do not have the form now. But those were questions regarding whether you traveled abroad, whether you got any problems with the law since the interview, etc.

MJA: All petitions go through FP and name check. Not sure whether there is any other checks for different petitions.
 
thanks for reply

dw2005 said:
NAMABER: My attorney is in Atlanta. I do not know any attorney in NJ.

epicstruggle: The law says a decision has to be made within 120 days of interview. I heard from other posts that it may not be possible to file mandamus in the absence of interview.

needsolution: Yes. There was a form that needed to be turned in at the oath ceremony. There were 7 or 8 questions on the back of the form. I do not have the form now. But those were questions regarding whether you traveled abroad, whether you got any problems with the law since the interview, etc.

MJA: All petitions go through FP and name check. Not sure whether there is any other checks for different petitions.
Click to expand...
 
dw2005 said:
After stuck in the name check for 20 months, I finally completed my long journey of naturalization and become a US citizen today. Here is my timeline:

1/2004, N-400 filing
3/2004, FP and name check submitted
3/2005, Interview (was told NC was pending)
3/2005-7/2005, called, wrote, e-mailed and faxed to USCIS and FBI numerous times regarding the delay; requested FOIPA from FBI, requested helps from congressman/senator... Still pending
6/2005 2nd FP
8/2005 Hired an attorney and sent a letter of intent to sue to the USCIS, giving them 30 days to respond. Nothing happened
10/2005 Filed wit of mandamus
11/9/2005, NC cleared
11/22/2005 Citizenship approved; Oath taken

Although it has been a long journey for me, I am a happy person today. Thank you all for sharing information. This site has been really helpful to me. My biggest tip based on my experience: put all your trust and faith in God, and He will provide.

Good luck to all who are still in the journey. Wish good things happen to you all soon.
Click to expand...


If you're not somewhere on a tropical island enjoying you are invited to our party ;)

Publicus won the war with CIS. We have a new American Citizen among us!!!

P.S. When you're coming don't forget to bring the food, the drinks and...well you got the picture :D :D :D
 
Hi!
it's still unclear why we need to do a name check again that only causes delay in our application...

Does anyone know if our namecheck procedure + ( Fingerprints/ biometrics) is different from the visa namecheck at the NVC?

Thanks a lot!
 
name check, and 8 USC 1447(b)

dw2005, and others,

Congratulations to your naturalization and your valuable contribution to this forum !

I learned from you that 8 USC 1447(b) and Writ of Mandamus are two law basis to forcefully expedite name check process. However most of you have been N400 applicants. Do you know if these two laws, especially 8 USC 1447(b) can be also used in 485 application process ?
 
GrassRoot said:
dw2005, and others,

Congratulations to your naturalization and your valuable contribution to this forum !

I learned from you that 8 USC 1447(b) and Writ of Mandamus are two law basis to forcefully expedite name check process. However most of you have been N400 applicants. Do you know if these two laws, especially 8 USC 1447(b) can be also used in 485 application process ?
Click to expand...

8 USC 1447(b) only applies to naturalization applicants.

As an I-485 applicant, you can file a writ of mandamus.
 
Pinturicchio said:
8 USC 1447(b) only applies to naturalization applicants.

As an I-485 applicant, you can file a writ of mandamus.
Click to expand...

Thank you for your prompt response, Pinturicchio !

Do you have link to 8 USC 1447(b) ? Also, should Writ of Mandamus filed in federal court or county court ( district court ) ? vs. FBI or CIS if the 485 delay is caused by name check ?
 
GrassRoot said:
Thank you for your prompt response, Pinturicchio !

Do you have link to 8 USC 1447(b) ? Also, should Writ of Mandamus filed in federal court or county court ( district court ) ? vs. FBI or CIS if the 485 delay is caused by name check ?
Click to expand...


This thread has all the info you need regarding lawsuit against USCIS.

http://www.immigrationportal.com/showthread.php?t=194681

Both, Petition for Hearing...1447(b) and Writ of Mandamus should be filed in US District Court.
 
failure fromfiling Mandamus?

Does any one have incurred failure by filing a Mandamus case for I-485 completion? Just wondering what is the possible risk by resorting to lawsuit? Of course, I wish every case is a success.

Yfehgh
 
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