Should I file a Writ mandamus?

C

celacante

New Member
I filed my N400 on June, 2010 and December 2010, I was schedule for N400 (5 years green Card) interview. I had to cancel it because of a trip to oversee visiting my family and attending my brother's wedding. The trip was 10 days. So I wrote a letter to the USCIS to reschedule my interview. It took 6 month to reschedule my interview on June 2011. I went to the interview and passed the test, signed all document and picture. The officer told me that he needs to review my file and a decision will come on the mail. He handed me a sheet of paper shows that I passed the test, decision cannot be made at this time. I asked him how long it may take and he said 30days. I waited and waited no response. December 2011, I paid a Lawyer to check the status of my case. On December 20, 2012, I received a letter saying that “we are actively processing this case, however we have to perform some additional review on this case and this has caused a longer processing time. You should be notified within 6months of today’s date of a final decision on your case. If you for some reason a final decision cannot be made within 6months, you will either be notified explaining why a decision cannot be made or you will receive another notice requesting further information”. Also my lawyer told me at that time I will have a second interview. On May 2012 I paid the lawyer for another visit to check my status. That day, she was able to push them for my second finger print because they said back in December that I should receive an appointment for a second finger print because the one on file has expired. June 29, 2012 I went to did it but au up today no response. My question: should I file a Writ mandamus?
I am exhausted of this situation. I have no criminal record, paid my taxes, own a home, and have never been in trouble with the law. I feel like it my right to do this. Please advise me.
 
celacante said:
I filed my N400 on June, 2010 and December 2010, I was schedule for N400 (5 years green Card) interview. I had to cancel it because of a trip to oversee visiting my family and attending my brother's wedding. The trip was 10 days. So I wrote a letter to the USCIS to reschedule my interview. It took 6 month to reschedule my interview on June 2011. I went to the interview and passed the test, signed all document and picture. The officer told me that he needs to review my file and a decision will come on the mail. He handed me a sheet of paper shows that I passed the test, decision cannot be made at this time. I asked him how long it may take and he said 30days. I waited and waited no response. December 2011, I paid a Lawyer to check the status of my case. On December 20, 2012, I received a letter saying that “we are actively processing this case, however we have to perform some additional review on this case and this has caused a longer processing time. You should be notified within 6months of today’s date of a final decision on your case. If you for some reason a final decision cannot be made within 6months, you will either be notified explaining why a decision cannot be made or you will receive another notice requesting further information”. Also my lawyer told me at that time I will have a second interview. On May 2012 I paid the lawyer for another visit to check my status. That day, she was able to push them for my second finger print because they said back in December that I should receive an appointment for a second finger print because the one on file has expired. June 29, 2012 I went to did it but au up today no response. My question: should I file a Writ mandamus?
I am exhausted of this situation. I have no criminal record, paid my taxes, own a home, and have never been in trouble with the law. I feel like it my right to do this. Please advise me.
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In your case you can, and probably should, file a 1447(b) lawsuit. A 1447(b) lawsuit is different from a general writ of mandamus lawsuit; the difference is explained here, for example
http://www.peerallylaw.com/en/content/view/538/

According to 8USC1447(b), USCIS has an obligation to adjudicate an N-400 application within 120 days of the naturalization interview. After 120 days after the interview an applicant may file a 1447(b) lawsuit in a federal court. See http://www.law.cornell.edu/uscode/text/8/1447

If you have not done so yet, I'd also contact your members of congress (the two U.S. Senators for the state where you live and the U.S. representative for your area) and ask them for assistance. Each member of Congress has an official website where it is possible to request "constituent services" help in dealing with federal agencies. Sometimes an external intervention of this kind dislodges a stuck case, and at least you'll get a more accurate and honest update about the status of your case than what you usually get from the USCIS yourself.
However, given the amount of time passed since your interview, I'd say that you should start putting together a 1447(b) lawsuit now.
 
celacante said:
Thanks for your input on my case. What's your recommendation on doing this, using a laywer or myself?
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I never had to file such a lawsuit myself so I don't have first-hand experience here.
Read through the lawsuit thread in this forum, there is a lot of useful info there, and you can also ask more specific questions about your situation there as well:
http://forums.immigration.com/showt...-or-thinking-about-a-lawsuit-(Merged)/page597

Many people file a lawsuit (mandamus or 1447(b)) by themselves, without a lawyer, while many others use lawyers.
I guess it depends on your financial situation (lawyers do cost money) and also on how good and proficient you are with things like preparing the necessary legal paperwork on your own.
 
office ussedpl

celacante said:
Thanks for your input on my case. What's your recommendation on doing this, using a laywer or myself?
Click to expand...
In a normal case one could file 1447b themselves. There are lot of drafts in this web site itself. You can go through cases filed by others and do it easily.

It all depends on your particular case , what is holding it up ?? A complicated case will need legal help.

Before filing 1447b , try your U.S.Senator or US Congressperson. They may be of help.
 
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