Writ of Mandamus - Instructions and Procedure

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memme

Registered Users (C)
After I posted my dates on this forum, I have received enough encouragement for Writ of Mandamus. I am all set to prepare the paper work. Can anybody help with these:

1. Can I do it myself or I have to get in touch with an attorney? I know this is subjective question. But, I don't really mind if it takes a month of preparation, reading, etc.

2. Is there a detailed procedure somewhere on these forums? I remember reading something a while back. Being new (no. of visits) to the forum, I am not really very conversant in using the info here in effective way.

Any pointer will be of immense help.
 
memme said:
After I posted my dates on this forum, I have received enough encouragement for Writ of Mandamus. I am all set to prepare the paper work. Can anybody help with these:

1. Can I do it myself or I have to get in touch with an attorney? I know this is subjective question. But, I don't really mind if it takes a month of preparation, reading, etc.

2. Is there a detailed procedure somewhere on these forums? I remember reading something a while back. Being new (no. of visits) to the forum, I am not really very conversant in using the info here in effective way.

Any pointer will be of immense help.
Click to expand...

Hello. My name check was pending since 2003. You dont necessary need an attorney for the writ of mandamus. I had several inquires and congressional inquires, with no result. You can get a Pro Se package from your state's federal court, or from their website. it gives you very detailed instructions about the filing. Before you file the suit, i strongly recommend that you write your local USCIS office a latter. Attention to the director of the local office. I sent them a notice of action, explaining that my name check has been pending for over 3 years, and i will be filing a mandamus suit with the federal court if they don't complete it within 30 days. Send it certified, signature required. 20 days later my name check has cleared last week. I didnt even need to file the suit.
I hope it helped.
 
pumukliboy said:
Hello. My name check was pending since 2003. You dont necessary need an attorney for the writ of mandamus. I had several inquires and congressional inquires, with no result. You can get a Pro Se package from your state's federal court, or from their website. it gives you very detailed instructions about the filing. Before you file the suit, i strongly recommend that you write your local USCIS office a latter. Attention to the director of the local office. I sent them a notice of action, explaining that my name check has been pending for over 3 years, and i will be filing a mandamus suit with the federal court if they don't complete it within 30 days. Send it certified, signature required. 20 days later my name check has cleared last week. I didnt even need to file the suit.
I hope it helped.
Click to expand...

Thanks for the reply. That sounds a good idea. I will first write the letter then. I had filed in San Jose, CA and then I moved to Phoenix, AZ. Do you think it would be good idea to send the letter to both the offices?
 
Hi guys, I applogize for my curiosity, and of course you do not need to answer if you do not feel comfortable, but where are you from? and what are your names (may be at least indicate how common they are)?? It is CRAZY that you have been stuck in NC for 2-3 years...CRAZY!
 
Hey Pumukliboy...
Could you explain the "notice of action" that you sent to the local office ? I mean is it something you wrote by yourself or it is some sort of document that you get from court/online that you filled and sent before filing the writ mandamus ? plz do explain...thanks in advance.
 
pvkby said:
Hi guys, I applogize for my curiosity, and of course you do not need to answer if you do not feel comfortable, but where are you from? and what are your names (may be at least indicate how common they are)?? It is CRAZY that you have been stuck in NC for 2-3 years...CRAZY!
Click to expand...

you should know which local office is currently handling your case. most likely it is the one closest to where you moved. it is almost impossible to get any info from them unless it is a congressional inquiry. just send it to your closest office where you moved. don't worry, the letter will find it's way to the right person.

pvkby, our country of origin has nothing to do with being stuck in a name check. it is actually a very common problem. after 9/11 they re submitted more than a million names for a background check to the FBI, and several thousand of those got stuck. I guess rendomly. According to the FBI they had only about 2400 stuck in the system, but Im sure they have much more than that. according to them, they have completed 99.8% of those name checks, but I guess the remaining 0.2% will take several years, unless you file the Writ of Mandamus. You are right, it is crazy!!! the craziest thing about the whole thing, that nobody does anything about it, and the FBi states that everybody blows this whole thing up. we have to prove they are wrong, and the best way to do it is to file the suit...luckily i didn't have to start it because they completed it a few weeks after my letter to their director.
Didn't make a damn difference, now Im waiting for my J1 waiver...who knows how long that's going to take.
 
pumukliboy said:
you should know which local office is currently handling your case. most likely it is the one closest to where you moved. it is almost impossible to get any info from them unless it is a congressional inquiry. just send it to your closest office where you moved. don't worry, the letter will find it's way to the right person.

pvkby, our country of origin has nothing to do with being stuck in a name check. it is actually a very common problem. after 9/11 they re submitted more than a million names for a background check to the FBI, and several thousand of those got stuck. I guess rendomly. According to the FBI they had only about 2400 stuck in the system, but Im sure they have much more than that. according to them, they have completed 99.8% of those name checks, but I guess the remaining 0.2% will take several years, unless you file the Writ of Mandamus. You are right, it is crazy!!! the craziest thing about the whole thing, that nobody does anything about it, and the FBi states that everybody blows this whole thing up. we have to prove they are wrong, and the best way to do it is to file the suit...luckily i didn't have to start it because they completed it a few weeks after my letter to their director.
Didn't make a damn difference, now Im waiting for my J1 waiver...who knows how long that's going to take.
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Hi pumukliboy, pls let me know if you have any sort of template that we could use to write to local USCIS director. Just thought that we would use what has successfully worked. If I come up with one myself, it may either extra soft or even worse threatening/rude.
 
memme said:
Hi pumukliboy, pls let me know if you have any sort of template that we could use to write to local USCIS director. Just thought that we would use what has successfully worked. If I come up with one myself, it may either extra soft or even worse threatening/rude.
Click to expand...

I didn't use any template, it's just a simple letter you can write. Make it short and straight to the point. Give them your info (name, DOB, POB, A number, address and contact info) and tell them that your name check has been pending since XXX and your status can not be adjusted because of this. Tell them that if they dont complete your name check within 30 days you will be drawing a legal complaint with your state's federal court.
That's all I did. I'm not saying that this was definitely the reason it cleared, but I was stuck for over 3 years and I got it 2 weeks after this letter.
I hope it helped. Oh, you need to find out the name of the director of your local office and address it to him/her. Send it certified, signature required with return receipt.....
 
memme said:
After I posted my dates on this forum, I have received enough encouragement for Writ of Mandamus. I am all set to prepare the paper work. Can anybody help with these:

1. Can I do it myself or I have to get in touch with an attorney? I know this is subjective question. But, I don't really mind if it takes a month of preparation, reading, etc.

2. Is there a detailed procedure somewhere on these forums? I remember reading something a while back. Being new (no. of visits) to the forum, I am not really very conversant in using the info here in effective way.

Any pointer will be of immense help.
Click to expand...

This will help if you need to file:
http://boards.immigrationportal.com/showthread.php?t=194681

good luck!
 
Thanks pumukliboy. When you say get the names of director, is it the same name that is listed at USCIS website. For San Jose, they name it as office in charge. For Phoenix, they name it as District Director.
 
memme said:
Thanks pumukliboy. When you say get the names of director, is it the same name that is listed at USCIS website. For San Jose, they name it as office in charge. For Phoenix, they name it as District Director.
Click to expand...

Ok. here is my notice of action. any comment/suggestion is welcome.

SUBJECT: NOTICE OF LEGAL ACTION: WRIT OF MANDAMUS

Dear Sir,

My wife filed for my permanent residency (Green Card) in May 2004. The case moved at a steady pace and we had interview with the USCIS district office at XXXXX in October 2004. The officer approved the case and told us that name check is pending and once that is cleared, the Green Card will be sent to our new address in Arizona.

We have been waiting for almost 2 years now. My status can not be adjusted because of this delay in security clearance.

Name (in full) XXXXXXX
Complete Address XXXXXXX
Contact Details (XXX) XXX-XXXX; XXXXXXXX@yahoo.com
Date of Birth XX/XX/XXXX
Country of Birth XXXXXXX
Alien Number A XXXXXXX
Application filed at XXXXXXX
Date of Application 05/20/2004 (Receipt is attached)
Date of Interview 10/26/2004 (Officer notified that name check is pending)

Considering the usual trend, I was expecting the Green Card in early 2005. I kept waiting as I didn’t intend to disrupt the normal processing. However, it seems that there has been a significant delay now.

I have written letters to Phoenix USCIS and San Jose USCIS. I have sent letters and email to FBI’s NNCP as well. No response has been received even after 6 months.

FOIPA - I requested search for my name in FBI’s central record system. I got the results of that search. There were no matching records for my name. (Copy enclosed)

I WILL BE FILING A MANDAMUS SUIT WITH THE STATE’S FEDERAL COURT IF MY CASE IS NOT COMPLETED WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE.

I certify under penalty of perjury that the foregoing is true and correct.

Sincerely Yours,
XXXXXXX
 
I just joined the site officially, but I have been reading for some time.

My problem is I'm a I-130 petitioner who has been waiting for 1 1/2 years for the noa2. I have not found anything regarding a WOM for my situation. is this possible ? I'm really ready to file.. only I just see stuff for I-485.

I'm really desparate and this is the 2nd christmas since i've been married and away from my wife. Please help if you can
 
Does filing a WOM lawsuit still work. I have heard during a recent conference call here that it is no longer as effective as it used to be. Please advise.
 
There's a user waitinfori130 who recently got his I-130 after filing WOM. Search for his posts and also I-130 at and you will see material related to WOM for I-130. Use Search This Thread option because the thread is huge.

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

From a post by lazycis:
"Looks like you need to include your wife as well and add both I-130 and I-485 to the complaint. You need to sue DHS secretary, USCIS director, US AG, NSC director in your case.

Here is a sample complaint for wife/husband I-130+I-485 case.

http://boards.immigrationportal.com/showpost.php?p=1866374&postcount=15787
"

Hope it helps!

waitinfori130 said:
I just joined the site officially, but I have been reading for some time.

My problem is I'm a I-130 petitioner who has been waiting for 1 1/2 years for the noa2. I have not found anything regarding a WOM for my situation. is this possible ? I'm really ready to file.. only I just see stuff for I-485.

I'm really desparate and this is the 2nd christmas since i've been married and away from my wife. Please help if you can
Click to expand...
 
Well you will not know unless you file. But I think they still work as there hasn't been any recent change in USCIS policy towards mandamus lawsuits since the last which was that just the fact that a lawsuit is pending, name check will not be expedited until the judge decided one way or the other.

madiba said:
Does filing a WOM lawsuit still work. I have heard during a recent conference call here that it is no longer as effective as it used to be. Please advise.
Click to expand...
 
Operation Spotlight

All

Just wanted to see what the groups thoughts were on starting a campaign to draw the attention of the media to the incompetence and negligence of the USCIS and DHS. What I am thinking of is us all sending emails and letters with a consistent message of how long it takes for DHS to perform background checks and what the impact this could have on national security. I am sure conservative and liberal news media alike would be interested in a controversial story about the bad state of DHS capabilities to effectively track individuals. Short story is if it takes them 3 to 6 years to perform a background check on individuals then the FBI is no more efficient than it was before 9/11. They may try to say they are better now, but its all a smokescreen.

I have sent emails to some national news programs like CBS 60 minutes and Fox News Bill O'Reilly show, but have not heard anything back yet. If the media gets more emails and letters from us all then they would have to start take notice of this issue. Let me know your thoughts.
 
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