Need advice on Mandamus (lawsuit)

ax5

New Member
Hello,

My I-485 case has been pending for two years and half. It has been pending a special background check for over half a year and there is no indication when it will be over. I tried everything including Senator office's inquiry, Ombudsman, writing to first lady, but nothing helps. The priority date is already current.

I would like to know if it is advisable to file Mandamus (lawsuit) in my case. If you have similar experience, please share. It will be appreciated if you can refer an attorney with lawsuit experience.

Thanks in advance.
 
How long has your PD been current since filing the I-485? The Senator/Ombudsan/etc. would be ignoring requests that you made when your PD was not current.
 
I have a question if someone can answer here. I had my AOS interview in november 2009 after a very long wait. I was told at the end of the interview that my case needed to be review by a supervisor before I could get a decision. The officer was very polite and he is said I should get my approval in a couple of weeks. This was truly case of mistaken identity and the officer was satisfied with my answers.
I waited a couple month but after not getting any response I contacted my senator and the response I got from his office is that washington office is awaiting back ground check and I should wait for 120 days before contacting them again.
I contacted my congressman when I was waiting for my interview back in 2007 then I was told that my case had gone for background security check.

I am really confused, please help.
 
I have a question if someone can answer here. I had my AOS interview in november 2009 after a very long wait. I was told at the end of the interview that my case needed to be review by a supervisor before I could get a decision. The officer was very polite and he is said I should get my approval in a couple of weeks. This was truly case of mistaken identity and the officer was satisfied with my answers.
I waited a couple month but after not getting any response I contacted my senator and the response I got from his office is that washington office is awaiting back ground check and I should wait for 120 days before contacting them again.
I contacted my congressman when I was waiting for my interview back in 2007 then I was told that my case had gone for background security check.
Is your priority date current? If yes, how long has it been current?
 
My priority date is in year 2000.

Do you think it would help if I send my congressman's letter to the senator office telling them that I have heard this background check story before??
Thanks
 
Contact the Ombudsman.

Then if that doesn't give you results within a couple of months, prepare to file WOM. In the WOM filing, you'll show that you contacted your Senator, Congressman, and the Ombudsman without success (for WOM you need to show that you've already sought assistance from various relevant sources).
 
Ok. I will contact the ombudsman.
Do you think it will help if I tell the senator's staff about the congressman's letter? I mean will they initiate another inquiry before 120 days?
 
You can try, but I think it would be waste of time.

At this point in time with your case being so old and you already contacting them, it is unlikely that the Senator or Congressman can or will do anything. Same thing for the Ombudsman. Right now, you're just building a case so you can show that you already contacted those people and gave them some time to help you. If you contact the Senator again, you'll need to give them more time to act, which would delay your WOM.
 
But you do think it is possible that after looking at the letter from congressman they will contact the DC before the 120 days?
Do they ever initiate a fresh background check after the interview?? If they do how long does it normally take to process this kind of check?
Two weeks ago at my last infopass the infopass officer told me that file is still with the officer who interviewed me.
 
But you do think it is possible that after looking at the letter from congressman they will contact the DC before the 120 days?
It's possible, but if you contact them again you need to give them an opportunity to act before you file WOM.

Usually when your case is pending so long, the Congressman and Senator and Ombudsman don't help; at this point the main purpose of contacting them is not for them to actually do anything, it's for being able to say in the WOM that you already contacted them without them taking effective action on it.
 
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