randallemery
Registered Users (C)
There are a lot of posts in this forum regrading writ of mandamus. My wife's been waiting 3 years on a name check for her green card and after reading some of the posts here, I'm considering petitioning for a writ of mandamus.
I have a lawyer and she advised that because my wife has a work authorization and can travel with an advance parole, that USCIS would argue that we are not sufferring any hardship and a writ of mandamus petition would not have a good chance to be ordered, and that this could end up wasting our time and money.
Here's the thing though, my lawyer advised that it was not a good idea to apply for an advance parole. After reading this forum and others, I asked her about it again, and she clarified what she had said earlier saying it was always a good idea to stay here in case of any problems, but that we could apply for advance parole because my wife had not overstayed by more than 180 days. I can understand where my lawyer is coming from, because, as our own situation proves, USCIS can make mistakes. At the same time, with the combination of playing it safe on the advance parole and not risking a loss of time and money on a petition for a writ of mandamus, we haven't visited my wife's side of the family for 3 1/2 years. The emotional toll is really starting to mount, and I would rather end all this crap with a peition for a writ of mandamus than an advance parole. Or maybe do both.
So I'm trying to get more information on the writ of mandamus and verify if what I've just been told held true for other people. My understanding is that all of the people who've successfully applied for a writ of mandamus to be citizens after getting a green card would be fully able to work and travel, so this is not quite adding up for me.
I have a lawyer and she advised that because my wife has a work authorization and can travel with an advance parole, that USCIS would argue that we are not sufferring any hardship and a writ of mandamus petition would not have a good chance to be ordered, and that this could end up wasting our time and money.
Here's the thing though, my lawyer advised that it was not a good idea to apply for an advance parole. After reading this forum and others, I asked her about it again, and she clarified what she had said earlier saying it was always a good idea to stay here in case of any problems, but that we could apply for advance parole because my wife had not overstayed by more than 180 days. I can understand where my lawyer is coming from, because, as our own situation proves, USCIS can make mistakes. At the same time, with the combination of playing it safe on the advance parole and not risking a loss of time and money on a petition for a writ of mandamus, we haven't visited my wife's side of the family for 3 1/2 years. The emotional toll is really starting to mount, and I would rather end all this crap with a peition for a writ of mandamus than an advance parole. Or maybe do both.
So I'm trying to get more information on the writ of mandamus and verify if what I've just been told held true for other people. My understanding is that all of the people who've successfully applied for a writ of mandamus to be citizens after getting a green card would be fully able to work and travel, so this is not quite adding up for me.