got a lawyer (finally)..

[gemilina 0]

I am in 'Administrative Processing' gogo, that's why we contacted the senator. We don't get this one bit. All I know is I have filed so much paperwork over the years. I've filled in this form and that form, and have sent so many things in over the years that I honestly get confused trying to remember what I did. There's so much. Now I wonder why. They didn't like my child custody document, I had to resend it twice. They still didn't like it even though it clearly said that my son was allowed to move to Wisconsin with me, where we would live permanently. My ex-husband signed off on this and even child support was substantially decreased on his end to allow me to do this. This was all stated in the custody paperwork. But still the US didn't like this document so I ended up having my former lawyer create an addendum that said plump and plain that I was the sole custodian of my son. When I showed that to the consulate at my interview they were finally happy. It's stupid stuff like that, that we were asked for over and over and over again. I can't tell you how many times I had to send in our marriage certificate or divorce certificates. I had to send new copies of it everytime my file went to a different office. It was crazy. It's still crazy.

All I know is that I've had enough. I told my husband yesterday that if we don't get resolution soon that I'm moving back to Canada where we're at least wanted. Enough is enough.

Edited April 29, 2008 by gemilina

[gogo 6]

I just sent the attorney contract back and paid the lawyer fee.. whew.. hopefully it will be worth it and they can get me an approval.. that is worth $5500 to me any day.. =) so I can see her and hold her in my arms

gemilina, I thought you said everything was ok.. the Consulate/Embassy was happy with the new custody papers =) How long have they given you before they process it? I see most APs (from here) going for 2-3 months at least.. but you already got approved for your case interview already?

[gemilina 0]

My interview went well until I got the blue paper that said they wanted a newer police check and medical. The one I had sent in originally was from January 2007, but since they held up my paperwork for so long by the time I had my interview at the consulate in February, they wanted a new one. So I got the police check and medical done, couriered it and sent it to the consulate where it was received on April 1. It's now in Administrative Processing since.

During my interview in February though, the consulate accepted the custody paper addendum. That ended up being fine. But that issue held up my paperwork leading up to me getting an interview for several months. Typical bureacuracy. I just hope they finally get moving on my application.

[gogo 6]

just have some more patience .. you are almost done.. don't give up... don't let USCIS control your lives.. that's what I keep telling others and my wife.. that's why I'm not afraid in doing what I'm doing (sending and calling every week).. please, they say to call "once per month".. well, I wouldn't be calling in the first place if they did their job correctly... :angry: so if they get angry over the phone at me, then I'll do the same.. I have given them enough time already.. In 12 months, I haven't got past the 1st step (approval notice).. let alone the NVC and Embassy/Consulate problems.. so hopefully if the lawyer team does well in getting me the approvals, then I'll retain them (more money of course) to take me through the NVC and Consulate, so there would be no more problems hopefully..

[gemilina 0]

Gogo. My husband just got a call from the senator's assistant and guess what she just told him....

We're APPROVED!!!

I can't believe it. So many years of waiting have come to an end. OMG! I am so happy. Thank God!

Keep us posted on what happens with your petition. I can't believe that you are still waiting to hear about your case after all this time. That's ridiculous. Big hugs to you and your wife for all that you have to endure. I hope the law firm can light a fire under everyone for you.

[gogo 6]

see, I told you... CONGRATULATIONS!! YAY!! :thumbs: :dance: Everything will be all right.. probably except in our case though..

[Kathryn41 3,205]

Gogo. My husband just got a call from the senator's assistant and guess what she just told him....

We're APPROVED!!!

I can't believe it. So many years of waiting have come to an end. OMG! I am so happy. Thank God!

Keep us posted on what happens with your petition. I can't believe that you are still waiting to hear about your case after all this time. That's ridiculous. Big hugs to you and your wife for all that you have to endure. I hope the law firm can light a fire under everyone for you.

Oh Gemilina, I just read your story . . . how appalling that you have had to wait all this time! Congratulations! I am so happy that you finally have your approval. There is no way and no excuse for it ever to have taken this long!

Gogo - good luck on your writ of Mandamus - you are more than past due as well!

Edited April 29, 2008 by Kathryn41

[SaysWho 3]

Gogo. My husband just got a call from the senator's assistant and guess what she just told him....

We're APPROVED!!!

I can't believe it. So many years of waiting have come to an end. OMG! I am so happy. Thank God!

Keep us posted on what happens with your petition. I can't believe that you are still waiting to hear about your case after all this time. That's ridiculous. Big hugs to you and your wife for all that you have to endure. I hope the law firm can light a fire under everyone for you.

Congatulations!!! I have just been reading of your horribly long visa journey and I was so very happy to read this last post! All the best...

Annie & Tim

[gemilina 0]

Thanks so much everyone, we are totally thrilled. Now we just have to wait for the visas to arrive in the mail. Such a nice feeling to know we are done. Finally.

As for you gogo I really pray that the lawyers can get things moving for you. To have to be away from your other half for so long is too much. Please keep us posted as we're all hoping for you.

[gogo 6]

ok, I'll do that.. they told me the whole process is only 4 months.. haha, sorry about that..

basically a threatening letter for lawsuit (give them 30 days), then to the lawsuit (decision within 60 days, with a 30 day extension).. so a total of 120 days from the time I give them all the stuff.. that's not bad.. I can wait that long (considering I already waited all this time)..

Edited April 30, 2008 by gogo

[Urge To Race 2]

Congrats Gemilina! :dance:

Gogo. My husband just got a call from the senator's assistant and guess what she just told him....

We're APPROVED!!!

I can't believe it. So many years of waiting have come to an end. OMG! I am so happy. Thank God!

Keep us posted on what happens with your petition. I can't believe that you are still waiting to hear about your case after all this time. That's ridiculous. Big hugs to you and your wife for all that you have to endure. I hope the law firm can light a fire under everyone for you.

[The_dip_sticks 0]

Hey Gogo I been following up. Remember we are stuck with the same issue. Its going to be 2 years since I filed at the end of this month and still no approval. I did an info pass to see if they were ever going to do a local interview of me since they sent my case to the local office, but nothing came out of that. Then I got my state rep to call and do a cogressional inquery, and I got the same letter that I have been getting for the past year "wait another 6 moths, blah blah blah.

So now what??? When all else has failed I suppose the only thing left is a WOM. The law firm that represents you is that a local lawfirm where you live or can the represent any one? My application got sent from the CSC to the Houston local office since Jan and have done nothing with it since. My lawyer wanted to charge me 250 bucks to do an info pass her self. I did it on my own I dont think they would tell her any thing more than what they told me. So now Im looking for a lawyer to file the WOM. What I dont know is if the attorney that we hire has to be from Houston or what. The current lawyer that we have told me that she does not do WOM plus she sucks any ways so we would not want to use her. We just have had horrible service, so now its time to take another course of action. Does any one of any good WOM lawyers in Houston?

Edited May 6, 2008 by The_dip_sticks

[little white guy 0]

yay, I will be getting a lawyer (or a team) to work on my case.. doing a "Writ of Mandamus".. they said they can send it in within 3-4 months and have an answer 45 days after that.. so hopefully around 6 months time I would receive an answer.. The fee is pretty expensive though ($5500), but it is worth it if I get to be with her everyday...

the lawyer website (open for 25+ years, and a team of lawyers so hopefully it would be better and more trustworthy than just one) :

http://www.rreeves.com

Gogo did you read this post good?

Maybe i'm wrong but seems would have

helped you more than "writ", saved some

money to. Read this part

Citizenship cases if you are applying for citizenship

(peitition for declatory judgement)

QUOTE(YuAndDan @ Mar 21 2008, 03:35 PM)

What is your status? Your timeline shows I-129F NOA1 last June. Are you still waiting for USCIS to approve the I-130/I-129F?

Typically people file Writ of Mandamus when FBI is taking an unresonably long time on Adjustment of Status name check for the green-card.

Don't know if helps but found this on the Writ subject.

View Full Version : Writ of Mandamus Options for FBI namecheck

Note this part

Citizenship cases

--------------------------------------------------------------------------------

logiclife06-08-2006, 11:10 AM

Here is a brief description of Lawyer's opinion that we heard on a conference call arranged by IV and Randall Emery of American Families United on June 7th.

These notes below were prepared by Randall after the conference call.

JOIN THIS GROUP

To join a group of individuals and co ordinate efforts, go to this thread and signup :FBI name check delays signup (http://immigrationvoice.org/forum/showthread.php?t=898)

Also, there is a Yahoogroups group called namechecktracker created for communicating and co-ordinating. There are nearly 100 members stuck in name check delays of 485 filing.

Notes based on yesterday's conference call:

This is only notes prepared based on legal opinion of a lawyer who specializes in Writ of Mandamus cases against the USCIS for citizenship cases as well as family based and employment based greencards. This most not be construed as any kind of attorney client relationship.

- Priority Dates and Writ of Mandamus:

In employment based immigration cases, if your priority date is not current then the chances of success by filing writ of mandamus are negligible. To have a successful Writ of Mandamus, you need to have your priority date current. Otherwise the USCIS will respond to WoM by saying that the case is not actionable and a decision cannot be made until the case becomes current per visa bulletin.

- Your Case:

A writ of mandamus is best for clean cases (where there are no

criminal arrests, or more importantly, convictions) because a writ of

mandamus only compels the government to make a decision; it does not

say what the decision should be

- How long have you been waiting whether to pursue a writ of mandamus depends on how long you have

been waiting on your case (and for employment based cases, if your

priority date is current). Rule of thumb: waiting less than 1 year -

not advised unless continued wait would cause harm; 1 - 2 years -

should consider WOM; 2+ years - it's time to file

-Possibility of Class action because of the individual nature of a writ of mandamus (as noted in

the above 2 points), and because of the difficulty in getting a

national jurisdiction, WOM does not easily lend itself to a class

action; Joe Hohenstein(Orlow and Orlow) will follow up on this in more detail at the American

Immigration Lawyer's Association (AILA) convention later this month

and get back in touch with Jay or myself

- Citizenship cases if you are applying for citizenship, you have a stronger option than

writ of mandamus, called a peitition for declatory judgement, where

you can argue not just for a judgement but for an approval of your

case as well; in addition, when applying for citizenship, there is a

hard and fast rule vs. the rule of thumb for WOM -- with citizenship,

you should definately file after 120 days

- why WoM works when you file a WOM, it is embarassing for the government, and they

do not want have the courts examine their decision making process; in

many cases, if they get a letter from a law firm that they know will

file in federal court one month later, they will often process the

case; a successful WOM is settled before going to court

- Court appearances you do not have to appear personally in court when you file a writ

of mandamus 99.9% of the time. Joe said he is yet to see a case where the client had to go to court with lawyer and argue WoM case.

- typical cost: between $1,500 to $2,000, plus filing fees of about $400

- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients

in the Northeast. Joe can take individual emails at joe@orlow.com;

because there may be a lot of emails, please allow for a delay in the

response. If the questions are get to be more detailed, he would talk

about treating them as an initial consultation, which is $100.

Edited May 6, 2008 by little white guy

[edp333 9]

Congratulations gemilina!!

And gogo, I hope you get your approval soon. Way before 6 more months of waiting.

[gogo 6]

sorry, just got here today.. what did you mean "little white guy"? could I have done something different?

hi the_dip_sticks, yes, I found them close by (near Pasadena in Los Angeles) about 30 minutes where I live.. they seem to have a good track record and help solve difficult cases.. they are a team of 17.. I went with them due to the fact that an individual can trick you, but a whole team would have a harder time (hopefully) to trick you.. and they have postings as to their successes in the courts/lawsuits too.. give me a few months before saying I recommend them or not, haha.. but it is better to get a team of lawyers near where you live.. that way it is easier to send them stuff.. I went to their office already once to drop off some stuff needed (copy of I-130 and supporting documents).. they are preparing the "demand letter" now and I have to sign something.. so I'm going back Friday.. so it is better to find someone close by you..

Edited May 7, 2008 by gogo