Suing USCIS with WOM for I-130 (19 mo delay)

[produke 0]

Thanks all for helping.

I have file a lawsuit (write of mandamus) through a good immigration lawyer. The fee was $2400. He said there is 90% chance my case will get out of security check hole, and move along. The lawyer also said that the case can take upto 4 months, but usually doesnt go that far, and you get approval in a month or two. I hope that me and my wife can get thru this ordeal and be together again.

Edited May 7, 2009 by produke

[trinket 30]

Correct me if I am wrong, but I do think one of the VJ members -- GOGO filed for WOM. You might want to Read this thread created by him.

Good luck

[produke 0]

^^yes I did contact him. He was very helpful. Thanks to those who helped.

[crazytown4u 0]

Im sorry to hear about what has happend , I do hope u get your problem fixed

[Brian and Dona 0]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

I am also so sick of USCIS #######. My I-130 was sent back from the embassy, where USCIS had it for nealy two years, then I got sick of their ####### of ignoring me, so I hired a lawyer and and they said to refile the petition. On which I did. But now out of the clear blue sky they have decided to reopen the other case. Why now after two years of nothing. I have a real suspicion they did just to screw with me so they have a reason to deny my current case. If that happens, I will sue them also, because of it. I have told them that I will hold them accountable and sue them, the dept of state and dept of homeland security if they deny this new case because their games. I have had it with them. I can't stand them and I treat their customer service reps like ####### because of the lack of respect I have for them. Please let me know where you stand on your lawsuit, I may want to join in on a class action suit agains them, and maybe if enough people join, they will find a better way to treat people.

[ohmy 0]

Hey Produke,

Just happened to come across this posting; I wanted to wish you luck. (F)

OhMy

[It's me 1]

[Carlos and Jocel 2]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

GOODLUCK AND LET ME KNOW WHEN I CAN PICK UP MY SHARE... let me see if you won something divided to millions of people here....... minus tax, attorney fee, processing fee, court fee.... just let me know so i can put something in my bank...hehe

[Revived 0]

Praying for you....

good lucks,

[produke 0]

@Ohmy thanks..long time...hope ur hubby is is with you, or will be soon

Thanks to all for your prayers and kind words....

The lawyer just cashed the check last week, and will be sending in the case this week. When I get a number, hopefully I can track it on PACER.

@ Brian and Dona:

DID you retract and then refile the I-130 petition? I had previosly talked with lawyer and asked him to do just that. He told me not to do it, as the USCIS would take just as much long to reprocess the duplicate application. Therefore, I chose to stick with the same application and sue them. I think you should have done the same. I feel like you should talk to other laywers and find your options, or you will just get sucked deep into USCIS limbo.

The USCIS customer service along with the people at congressmen and all are nice, but they dont know jack sheet about the whole process. I told the USCIS rep and congressman people that they have been doing security check on me for more than a year. They said it was "normal". I felt they were just jacking me around. Its just disheartening that they dont hold the same standard when processing applications across the pool. Its such a blatent lie when they say they "expedite" out of processing date application. They have some retarded USCIS automated bot or employee that touches the application randomly so they san sit on it for god knows how long.

It was also my own mistake, too. I should have filed the damn I-129 along with I-130, but chose not to. I filed I-129 this year in january, but I figure I have to sue them to make them actually "see" my application. Also, I knew they will try to screw me again on my wife's green card if she comes here on I-129. My life is like that, so I expect the worse and be ready.

Like I said before, I wont be reimbursed for any atty fee or any monetary value, but I hope USCIS just approves my case. I know alot of people here like GOGO are contemplating on suing USCIS twice to get their spouse to the US. This is totally ridiculous. I have ended up spending $3500 on lawyer and case fee in order to bring my wife here, not to mention $1700 air ticket + expenses just to visit her in Pak this december; all thanks to USCIS. It costs me close to $100 every month to call my wife. I am already a grad student barely making my living on stipend. Worst of all, there is all kind of sheet about to hit the fan in Pakistan, an it worries me alot.

No married person should ever have to wait that long to bring their spouse with them. I was 26 when married; she was 22. Its no way to be living apart from the love of your life, feeling like you are neither single nor married.

[hayader 0]

Thanks all for helping.

I have file a lawsuit (write of mandamus) through a good immigration lawyer. The fee was $2400. He said there is 90% chance my case will get out of security check hole, and move along. The lawyer also said that the case can take upto 4 months, but usually doesnt go that far, and you get approval in a month or two. I hope that me and my wife can get thru this ordeal and be together again.

hello brother , you will see the resolute very soon I did my WOM not two long ago and now witting for the NVC:

USCIS TIMELINE

MAR. 25, 2008....I-130. @ CSC

MAY. 16, 2008.....I-129F. @ CSC

write of mandamus (WOM) Feb/25/2009

APR. 25,2009......I-129F, APPROVED

MAY.01,2009.......I-130, APPROVED

....................................

NVC TIMELINE :bonk

[hayader 0]

USCIS the way they DO work they are worth then third word country

Believe me before I did my (WOM) I was going crazy.

Insha’Allah you will see your approval very soon and God with you ..

go her is more info about WOM (http://forums.immigration.com/showthread.php?t=194681&page=576)

[gogo 6]

hey produke.. nice to see you are willing to fight too.. haha.. remember me? I'm still here.. :crying: did you need more info on how to do the writ of mandamus?

http://www.visalaw.com/05feb3/2feb305.html

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

[gogo 6]

once you file the lawsuit (well, not lawsuit yet, just federal complaint), they get 30 days to respond to your letter (with an additional 30 days extra if they want to, but only one extension, for a total of 60 days).. if they don't answer within these 60 days, then it goes to court, and most of the time the judge will be on your side.. they don't like hearing cases over and over again on USCIS's delays.. Anyway, we got approved on the 58th day out of 60.. since you went with a lawyer too, your lawyer should be getting the approval letter soon.. Also, I had a letter from the FBI stating I wasn't under any security checks, so that helped too =0 maybe I didn't tell you that, sorry..

Currently, I'm under AP (name checks again) from what we know based off of her interview and my ACHs (3 times). I asked them directly why we got blue slip and if they were suspicious of our relationship (evidence of bonafide), but they said everything was good and they were "ready to issue", but her name got "checked" on in the system, so they have to do a name check.. I figure we will do the lawsuit again this time and it will work again.. that seems to be the only way if you want them to answer really fast.. on 001, other people told my wife that since our case didn't require any additional documents, it should go really fast.. (1-2 months).. so far it's been 1 month and nothing.. our lawyer said we can do another lawsuit in 30 days, but prefer 90 days.. don't know why, but they got us the approval last time too.. so I trust them more than USCIS for now..

Edited May 13, 2009 by gogo

[hayader 0]

you are surely not alone....lot of people from Pakistani background are on "background check". WoM worked for my wife's N-400.

Most likely things will move before the court hearing date...so don't count on getting reimbursed. But on the bright side you will get somewhere with your application.

money is not an issue at this point. I can either sit on my butt and get nowhere, or file a lawsuit, and get moving. But i just want to get feedback if someone here has done it, and had success.

GO head is GOOD idea . I did my WOM and I did sent you E-mail