How can we help Estadia (Sara)??

[sara..... 371]

Hi folks, sorry i've not been around.

Steph, so very sorry for your tragic loss. My heart goes out to you.

Sara, I definately don't think you should be posting your home address to anyone. I have put all of the information/documents into pdf form and can electronically send it off to as many senator's...etc as possible. I can also set up a website on my server and collect digial signatures although, i'm unsure as to what else we can do with them from there. A petition is a good idea but i'm not real sure how benefitial it will be. Perhaps we can set up a website where folks can download pdf version of a letter that they can then send to any politician and/or media outlet they can think of. It only takes one loud enough mouth.

Even though there are a lot of us here, our tax dollars do not pay immigration costs therefore, we don't have a very large voice. Getting the injustice to the media may very well lead to 'someone' finally doing something. All we can do is be a larger voice for the injustice that we see happening to Sara.

I think the message we need to get across most is that while we understand the US must protect it's borders and do these security checks, it's inconceivable that it would take almost two years for tihs couple to get an answer to their I-129f and even more unfair that they haven't had a clear answer on the status of their case from anyone they've dealt with in all the time they've been waiting.

We can only hope that this will help them to finally move forward...but also that it will stop it from happening to anyone else.

kim what ever u think is ok by me im just not experienced enough about all of these things to really even know what to do and as u know i have done as much as i could think of lol

i just appreciate everything from everyone

sara

[AmyStan 0]

Sara. Has anyone mentioned trying a writ of mandamus in your case? Basically, that compels a government agent or agency to do his/her/its job. I don't know much about it, but basically you'd need to demonstrate you have the right to receive consideration (as a USC), the action requested is the duty of the respondent (in this case USCIS), and the actions you've taken to date. Might be a little tricky to get it in the proper format, but perhaps an attorney offering pro bono services in your area could help.

I believe the sequence would be to send it to USCIS first, stating further action will be taken if not resolved within 30 days. Then, after 30 days (if no action), you can rewrite it and send again, as well as to the US Attorney's office.

Sorry if you've been down this road before, or if this doesn't seem appropriate to your situation. I'm fairly new to the site and haven't read your entire story, although I've read enough to make me a little angry in your behalf. Just thought I'd throw it out there.

[sara..... 371]

Sara. Has anyone mentioned trying a writ of mandamus in your case? Basically, that compels a government agent or agency to do his/her/its job. I don't know much about it, but basically you'd need to demonstrate you have the right to receive consideration (as a USC), the action requested is the duty of the respondent (in this case USCIS), and the actions you've taken to date. Might be a little tricky to get it in the proper format, but perhaps an attorney offering pro bono services in your area could help.

I believe the sequence would be to send it to USCIS first, stating further action will be taken if not resolved within 30 days. Then, after 30 days (if no action), you can rewrite it and send again, as well as to the US Attorney's office.

Sorry if you've been down this road before, or if this doesn't seem appropriate to your situation. I'm fairly new to the site and haven't read your entire story, although I've read enough to make me a little angry in your behalf. Just thought I'd throw it out there.

plz dont be sorry!!!! any and all suggestions are appreciated, however i did ask two different attorneys about that because i myself am not confident myself to try it on my own, both stated that i had a bigger chance of getting a denial that way because of all the different answers we have received and all but one of them boils down to we are still in security, beings that they feel we are in security csc could use that as an excuse to deny us if forced into a corner, because we have been waiting this long i dont want to push that button until all other ways have been tried........

sara

[AmyStan 0]

That makes sense. Again, very limited understanding of it, but it does not guarantee satisfactory results, only results. Whatever is decided to do in your behalf, I'm ready.

[sara..... 371]

That makes sense. Again, very limited understanding of it, but it does not guarantee satisfactory results, only results. Whatever is decided to do in your behalf, I'm ready.

thank you very much,

sara

[jab1976 0]

sara, i hate to say this, but we could be waiting years before we get an approval from uscis, once a file goes into security checks, uscis and the fbi can take as long as they want to process the case, the only solution that will get your case moving again is the writ of mandamus, and dont think that filing a writ of mandamus will negatively affect your case, all you are asking when you file a writ of mandamus in a federal court is that a federal judge intervene in the case and request that uscis and the fbi make adecission in your case withing a certain amount of time, usually within 3 months from the date of filing the writ of mandamus. the worst thing that can happen is that uscis and the goverment will try to petition a motion to dismiss your case, although this rarely happens, if it happens, your attorney will have 30 days to appeal your case. most writ of mandamus cases never make it to the court, that's cause as soon as uscis and fbi receive the intention to file a writ of mandamus letter from your attorney, they will attempt to process your case and complete what ever checks needs to be completed to process your case. you have a good case in your hand, you have been waiting for so long, fiancee visas are processed in 6 months, yours have been pending for 1.5 years,something is wrong, nobody seems to be able to help you, it maybe time to bring your case to the attention of the higher courts.

[Akiko 0]

This is a wonderful idea.

I think we should do it.

But how?

If it is possible in any way, I would be more than happy to help.

[sara..... 371]

This is a wonderful idea.

I think we should do it.

But how?

If it is possible in any way, I would be more than happy to help.

awe thank you very much.

you might want to get ahold of kim&russ she is doing somethings and setting up a web site or something for us she can explain it better than i can.

sara

[KimandRuss 0]

The writ of mandamus is a great idea but i'm afraid, as mentioned above, the uscis can take as long as they like when it comes to security checks.

Perhaps I can forward all of sara's information to as many legal folks as I can find and hopefully find one that is willing to at least try to do something. I still think it's important to get the media involved in some way too. No agency likes to be called out.

I am going to create a website for sara and perviz that will include a letter in pdf format that can be printed or sent electronically to everyone and anyone who will listen. I'll also put links so people can find their reps. Any and all other suggestions are more than welcome.

[MonkeyJuice 3]

The writ of mandamus is a great idea but i'm afraid, as mentioned above, the uscis can take as long as they like when it comes to security checks.

Perhaps I can forward all of sara's information to as many legal folks as I can find and hopefully find one that is willing to at least try to do something. I still think it's important to get the media involved in some way too. No agency likes to be called out.

I am going to create a website for sara and perviz that will include a letter in pdf format that can be printed or sent electronically to everyone and anyone who will listen. I'll also put links so people can find their reps. Any and all other suggestions are more than welcome.

Wow..Sara & Pervis will have their own website!! That's awesome!

[KristinL 0]

The writ of mandamus is a great idea but i'm afraid, as mentioned above, the uscis can take as long as they like when it comes to security checks.

Perhaps I can forward all of sara's information to as many legal folks as I can find and hopefully find one that is willing to at least try to do something. I still think it's important to get the media involved in some way too. No agency likes to be called out.

I am going to create a website for sara and perviz that will include a letter in pdf format that can be printed or sent electronically to everyone and anyone who will listen. I'll also put links so people can find their reps. Any and all other suggestions are more than welcome.

Wow..Sara & Pervis will have their own website!! That's awesome!

The best way to get media attention is 2 ways: viral / web marketing & contacting them directly - local & national, but its always best to know someone. Media seems to do well picking up good stories via the web. Some avenues are Facebook, ireport (on cnn.com), Twitter, Youtube, etc. Blogs that link back to the site/story (requires consistent updating or a lot of dedicated people with a following). I'm not an expert, but this pairs well with a website. Through this internet attention, the media usually picks up on it (think Susan Boyle) and runs with the story. If you do this and also send emails/letters to the media, you've got a shot at success.

Those are my two cents.

[jab1976 0]

The writ of mandamus is a great idea but i'm afraid, as mentioned above, the uscis can take as long as they like when it comes to security checks.

this is true, uscis can take as long as they want, but once a writ of mandamus is filed in federal court and the case goes in front of a federal judge, uscis along with the fbi and dhs will be given a time limit by the judge usually 60 days with an extension of 30 days more if needed to adjudicate the case, federal courts in this country have jurisdiction over immigration departments eg. uscis. although some mandamus cases due end up in court, most cases are resolved outside of the court between the plaintiff's attorney and the u.s. attorney general.  USCIS states that its change in policy is due to improved FBI processing and response times. According to the 2009 memo, the FBI currently is returning name check results on average within 90 days, and few, if any, name checks remain pending at the FBI for 180 days.When a court grants mandamus relief, it usually will direct USCIS to adjudicate an application or petition within a certain period of time, or order the agency to promptly process an application or petition without providing a deadline, The court provided no concrete deadline, but maintained jurisdiction over the case to ensure that its orders were carried out. In contrast, in Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 (D. Minn. Dec. 8, 2006), the court ordered the agency to complete its adjudication of plaintiffs' applications within 30 days.

[sara..... 371]

The writ of mandamus is a great idea but i'm afraid, as mentioned above, the uscis can take as long as they like when it comes to security checks.

this is true, uscis can take as long as they want, but once a writ of mandamus is filed in federal court and the case goes in front of a federal judge, uscis along with the fbi and dhs will be given a time limit by the judge usually 60 days with an extension of 30 days more if needed to adjudicate the case, federal courts in this country have jurisdiction over immigration departments eg. uscis. although some mandamus cases due end up in court, most cases are resolved outside of the court between the plaintiff's attorney and the u.s. attorney general.  USCIS states that its change in policy is due to improved FBI processing and response times. According to the 2009 memo, the FBI currently is returning name check results on average within 90 days, and few, if any, name checks remain pending at the FBI for 180 days.When a court grants mandamus relief, it usually will direct USCIS to adjudicate an application or petition within a certain period of time, or order the agency to promptly process an application or petition without providing a deadline, The court provided no concrete deadline, but maintained jurisdiction over the case to ensure that its orders were carried out. In contrast, in Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 (D. Minn. Dec. 8, 2006), the court ordered the agency to complete its adjudication of plaintiffs' applications within 30 days.

i did contact two different attorneys about this both told me to wait out csc because it has been so long or it could have been because they know i dont have a lot of money for that.

sara

[jab1976 0]

I also think contacting the media will be a very good idea, maybe cnn's lou dobbs.

[jab1976 0]

sara, i understand what you are saying, but come on, how much longer are we going to sit here and just wait, uscis is claiming that they are processing name checks with in 6 months, and yet here we are, lost in this black hole. our lifes are on hold, it almost feelsl like we are in jail or something, waiting and waiting,we did not do anything wrong, we are us citizens like everyone else. almost 2 years after, and nothing. i almost feel like uscis is laughing behind our backs, are we suppose to just sit here and just wait forever, i really hope we receive our approval soon, but at this point i have lost all hope, it could take years before we see our approval.