Please delete.

M

maher

New Member
Should I file WOM?

I was looking at the WOM decisions at ailf.org/lac/clearinghouse_mandamus.shtml and found the decisions for two cases very compelling:

Okunev v. Chertoff, No. 07-00417, 2007 U.S. Dist. LEXIS 53161 (N.D. Cal. July 11, 2007). The court found subject matter jurisdiction to adjudicate plaintiff's Adjustment of Status Application (Form I-485). The court ruled that USCIS has a non-discretionary statutory duty to adjudicate plaintiff's application, and reasoning that if the court were to hold otherwise, USCIS could withhold a decision indefinitely. The court reasoned that there are too many important rights associated with permanent resident status to allow the rate at which these applications are processed to go entirely unchecked. Plaintiff's application was pending for over three years when the court issued its decision.


Quan v. Chertoff, 06-7881, 2007 U.S. Dist. LEXIS 44081 (N.D. Cal. June 7, 2007). The court found mandamus jurisdiction to review Plaintiff's Adjustment of Status Application (Form I-485). The court found that the relevant statutes and regulations impose a non-discretionary duty on the agency to make a decision on the application, and that the decision must be made within a reasonable amount of time.
Click to expand...


Following are the reasons I am thinking of the lawsuit:

1. My PD Oct 2005 for EB3-ROW case was current as of Visa Bulletin for May 2008 (aila.org/content/default.aspx?docid=25182)

2. My processing date July 2007 for EB3-ROW case was current as of Nebraska Service Center Processing Time Report (9/15/08) (aila.org/content/default.aspx?docid=26534)

3. USCIS assigned me two A numbers and it took me almost four months to have it corrected but then the priority and processing date retrogressed and my application was not adjudicated.

Given the above items and looking at the USCIS processing delays, there is a huge possibility that my case will be pending indefinitely. If USCIS was not able to process my case when my priority date and processing dates were current last year, they can do the same again.

I will really appreciate your input on this.

Thank you.
 
Last edited by a moderator:
You must log in or register to reply here.
Top