Writ of Mandamus - My story

cnr

Registered Users (C)
Hi friends,
I have not been on this forum lately. But I am back, this time with good news. My story started in 2003 , when I applied for I-485 through employment (I was on a H1-B). My receipt date for that I-485 is September, 2003. I was in a not so good job, my employer had me travel on a constantly, I was moving almost every 6 months. I was very frustrated but could do nothing , except waiting it out. Finally my I-140 got approved in Feb, 2004, and it had been 6 months since I had applied for I-485, so the very first thing I did was quitting my job. Off course I made sure that I had my EAD and AP. We moved back to California bay area [..From an undisclosed god forsaken place], found a decent job and filed AR-11s. I received my first RFE asking me for a birth certificate, we provided all the documentation The case was still being handled by my ex-employer’s lawyer, who did not inform me about my FRE until the last week. I was in a mad rush to get all the evidence with in a week. We finally mailed it and the layer “claims” to have mailed it to the USCIS. After a few months , I thought , my case would get adjudicated soon , since in 2004 EB3 for India had reached July 2003 (and I was September, 2003 case!) .
Lord behold, I later came to know that the stupid lawyer did not mail the FRE and that USCIS had denied my I-485. Obviously, the stupid lawyer still did not inform me, but instead opened a motion to reopen, and the USCIS took pity and re-opened my case. EB3 for India started retrogressing and I soon lost hope and went about living my life , trying to forget the trauma. For once the dates started becoming current, probably some time in 2006. and I saw a ray of hope. Well as my luck would have had it , I received yet another RFE , asking me to provide evidence of my (new) employer to pay. It seemed pretty straight forward. So we replied , and that is where my I-485 case is right now.
“On August 23, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.”
Oh I forgot to mention, I also got married, my wife was then a US Permanent Resident. She became eligible for citizenship in 200. During the spring of 2007 she became a citizen of the US. We decided to then apply for yet another I-485, this time through “Family Based Green Cards - Through Marriage or a Relative”. I though my struggles would finally be over with in a few months, I got my finger printing notice with in a month. With in 2 months , I got a letter from the SF USCIS office asking me to attend an interview. Vow! I said to myself this is it , the moment I have been waiting for since a long time!! But alas!, I received yet another letter asking me to “Ignore the interview letter and that they will contact me after 2 months”. @ months past by, I call the toll free number. They say the case is with the SF office , you are better off getting an InfoPass and asking them in person. Like an idiot , I did that went to the SF office. Guess what !! they told me that my case had been transferred to Laguna Niguel, in LA. No reasoning as to why , in fact they did not know that either !!.
Frustrated, I spent the next few months hoping that I would hear back, I kept quite. Again after a year , I made an Info Pass appointment with the USCIS in SF office. Went there , hoping that they would be eager to help me and get my case moving. Well, as soon as I arrived at the window, a middle aged Asian immigration office looked at my I-485 , said bluntly “ Well there is really nothing we could do , your case is stuck in a FBI name check”, I demanded that it is time that they investigate this issue , it had been more than a year and this was a GC based on marriage to a citizen , it should never have a priority date. He bluntly told me “well, I assume you have an EAD, so continue living with that”. I felt dejected and saddened by the state of affairs. A few days later, I was going through this forum, trying to seek help and advice, and there I found it , I could sue the USCIS. Well , at least persuade them legally to adjudicate my case. With this new found energy, I finally contacted a very decent yet humble law office here in Fremont asking them advice , they advised me to file a “Writ of Mandamus” and we did that. Finally the wheel started moving. The Assist US DA approached my counselors asking to resolve it our of court, and I finally got a interview letter and a FP notice. I completed my FP. We started preparing for the interview, creating copies of each and every document, evidence that we had bills together, our photos, copies of EAC and EVERY document that we though was necessary, copies of W2s for the past 3 years, Tax returns for the last 3 years, multiple copies of Passport, proof that I was in status (EAD) and my I-94, stating that I entered the country legally, copies of my Driver’s license, SSN card.
I had my interview yesterday, we had an appointment at 8:30 AM, we arrived there sharply, at 8:10 am, hoping that I will get through it with in an hour. We waited ….kept waiting till 10:00 am, but they were not calling our names! Frustrated, I went to the receptionist, mentioned that it had been nearly 2.5 hours. Guess what , the officer , scheduled to interview us , was on a training ! Well, she apologized for the first time , I saw a USCIS personnel apologizing !!, Very soon the office came to us , told us that the case was good, he did not see any issues , and that “the case was stuck in the service center”. Finally we were called, the replacement immigration officer, appeared very stern and devoid of emotions, however, he shook our hands, had us take an oath.
He went through the I-485, asking me the same questions that are in the I-485, to double check if we gave the same answers. We did off course. He took copies of everything, I-94, passport, my wife’s citizenship, her passport, EADs, Driver’s licenses, copies of SSN card. Asked us a few questions, where we met, how long we dated and “why did we get married” (the answer is simple we “love each other”!!  ) .
Finally he told me, sternly, that my case will be approved, after he review the documents later and that I was supposed to return the EAD back to USCIS after I get my GC card. I got a notification this morning from USCIS-CRIS@dhs.gov stating
“On January 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.”

So I finally got it ! After 5 years and all that pain. But, it is a strange feeling, I no longer feel excited or thrilled or ecstatic, after so much of struggle, I feel that the USCIS has sucked me high and dry. I feel devoid of emotions…
May the almighty help each one of you!
 
Wow, I get it dude, it's like morgan freeman in shawshank redemption coming out from the prison after 25 years, guess what u r a free man in this free country, but folks like us are still stuck in shawshank since ages.
 
Congrats ! My journey is now 5+ years, with no end in sight. Can't really file WOM also, because of retrogression.
 
Hi CNR,

How much you paid for WOM? My I-485 is more than 2 years old and PD (EB3 - 2000) is current and no issues what so ever. NC is cleared in June, 2007. Can you share you detaila on the WOM experience.

Enjoy your freedom!

xyzstud
 
Fellows,
I forgot to mention a few take aways from my story:
1) Unless you are a 100% sure that the the attorney handling your I-485 speaks for you , FIRE him(or her). this is ESPECIALLY TRUE for people who quit their sponsoring employers, through AC21 Portability rule. You are bettwr off dealing with the case yourself.

2)Try to live like there is no tomorrow, time FLIES , you need to enjoy and live your life NOW, no matter what your immigration status is.

3)Concentrate on your career, I have seen a lot of folks, stick to the same sponsoring employer, doing the same job, thinking that they would change their jobs (or apply for that senior or a higher paying position) only after they get their GCs. PLEASE do not waste your time, IT IS YOUR LIFE AND YOU HAVE COME TO AMERICA TO PROVE THAT YOU CAN SUCCEEDED. DO NOT LET THIS PITHY G.C process HOLD BACK YOUR SUCCESS.

4)Always believe in your self , no matter what the Priority dates say , or the gossips on the forums predicting the future Priority dates.

5)Lastly NEVER loose hope.
God bless!
 
xyzstud,
Firstly, I think it is VERY important to understand that the lawyer needs to be a good one , one who believed in you and your case, try contacting Rajiv Khanna's office and see. I was lucky to find a very good lawyer here in Fremont, CA (at peerally law). Most good lawyers charge a nominal fee, the good ones do understand the pain and the trauma. I was charged around 2 and half K (all inclusive). From what I can make out , I think you should file a WOM.
USCIS has thousands (may be millions) of cases pending , they themselves do not know what is going on... really !!
Cheers and God bless!!
CNR
 
Fellows,
......
3)Concentrate on your career, I have seen a lot of folks, stick to the same sponsoring employer, doing the same job, thinking that they would change their jobs (or apply for that senior or a higher paying position) only after they get their GCs. ....

As long as GC is pending one needs to be in 'same or similar' position. I understand one can change employers using AC21, but chaning positions which have different job responsiblities may not be possible.
 
Hi CNR,

How much you paid for WOM? My I-485 is more than 2 years old and PD (EB3 - 2000) is current and no issues what so ever. NC is cleared in June, 2007. Can you share you detaila on the WOM experience.

Enjoy your freedom!

xyzstud

The folks with PD 2000 still no GC ?! It must have been tough for you to stick to the same or similar job since 2000. What a bad situation . Are you stuck with same employer ?
 
As long as GC is pending one needs to be in 'same or similar' position. I understand one can change employers using AC21, but chaning positions which have different job responsiblities may not be possible.

gc_mania: You could probably work towards your career advancement, I completed my MBA (Evening classes) while in AOS.
 
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