Writ of Mandamus - Invoke or not

A

anandsbr

Registered Users (C)
Guys,

My case has been held up in name check since Apr'2005 and my pd is Apr'2000 (EB3- India)

Recently my lawyer inquired about my case stauts through VSCliason as he is a memeber of VSC Liaison Committee member group. This is the answer he got back from them the same as I expected.

Below please find the VSC response to your inquiry:

"The processing of your petition/application has been delayed. All
petitions/applications received by this Service are required to have
routine security checks. This can result in the delay of the
adjudication of petitions/applications. We have no control over how long
these checks will take and we can give no definite indication of when
they will be completed."

Now he is suggesting me option of filing Writ of Mandamus. This is his suggestion.

Our second option is to sue the federal government in Federal Court and order them to require an action. It is a little expensive, but effective.

He says it won't backfire or anything. we have rights to sue USCIS or FBI.

Lawyer and my company is based on MA.

What do I do?

Appreciate your suggestion.
 
Filing Wom

My understanding is there is no downside in filing this (other than the expense of it if you use the alwyer)...but it may not help at all.

The rights of the government are held higher than the previleges of individuals..and so courts tend the favour the FBI in their quest to do a thorough name check...

I am in the same boat with a similar time frame but have decided not to go in for a WOM.
 
supply_demand said:
My understanding is there is no downside in filing this (other than the expense of it if you use the alwyer)...but it may not help at all.

The rights of the government are held higher than the previleges of individuals..and so courts tend the favour the FBI in their quest to do a thorough name check...

I am in the same boat with a similar time frame but have decided not to go in for a WOM.
Click to expand...

On the contrary, most people on this forum who have gone the WoM route have been successful. I don't think the courts tend to favor the FBI or the government. In a majority of cases, people who have filed WoM get their cases approved before the case goes for trial. Once WoM is filed, the government has 60 days in which to respond, and in most cases, they seem to push the FBI/USCIS to complete processing the case, so that it never goes to trial.
 
rduman,

I agree with your assessment. WOM appears to be highly effective. USCIS or FBI have no intention of wasting their time and resources fighting a random desi in court who has no adverse records.

In order to save out of pocket expense (my company had paid for the lawyer fees associated with the GC filing but of course they are not going to pay for my WOM:-)), I am planning to wait for a couple more months.
 
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