Unsuccessful writ of mandamus?

smc01

Registered Users (C)
My husband and I (USC) are considering filing a writ of mandamus in order to get some resolution on his pending AOS. He filed 10/03, interview 6/04, stuck in name check for 2 2/2 years and counting. I have heard that when the delay is due to the FBI that a writ of mandamus will not be sucessful. Has anyone been unsuccessful when filing a law suit.

The reason that I am asking is that it now seems that a lawsuit is our only recourse. However, we don't want to spend $$$$ if it will not help.
 
did you ever try talking to your congressmen and senators?

I am also stuck in namecheck here - but am going to wait for 90 days before escalating
 
We talked to our senator's office and gave them all of the information. After a few weeks, we got a form letter in the mail saying that they were looking into it. I don't have very high hopes. The representative's attitude on the phone was not very helpful. She said, "your husband can work and travel, what's the problem?". Obviously, the problem it that we have to keep paying for APs and EADs will living in a state of uncertainly. She didn't seem to understand our urgency.

Plus, I also heard that the senators have little control over FBI name check issues. It was a last ditch effort.
 
smc01 said:
My husband and I (USC) are considering filing a writ of mandamus in order to get some resolution on his pending AOS. He filed 10/03, interview 6/04, stuck in name check for 2 2/2 years and counting. I have heard that when the delay is due to the FBI that a writ of mandamus will not be sucessful. Has anyone been unsuccessful when filing a law suit.

The reason that I am asking is that it now seems that a lawsuit is our only recourse. However, we don't want to spend $$$$ if it will not help.


Read this thread and educate yourself:

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

I know, is a very long thread, bur if you read it carefully and all its attachment you'll have the answers to all your question.
 
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