WRIT OF MANDAMUS - what we can do if our cases are current but not adjudicated by USCIS past current processing times

[Andrea&Henry 311]

Btw, FYI, the fact that in Venezuela, public affairs and administration, works different from the US doesn't mean that I dont Know how things supposed to work , and how it works here in the US. I wasn't raised in a jungle or something like that. Part of my family live here and in Europe long before I was born. And I'm lawyer btw. So I think I have an idea how things work

[Andrea&Henry 311]

If you read at the top of the conversation he said at some point he were. And the point is that Im not telling him not to do it, but he has to think very well what is he doing. A WOM is not a simple complaining about a bad service. As a lawyer I know what it is. He should wait.

[Hypnos 6,578]

His I-130 has been approved, not his I-485.

[Andrea&Henry 311]

he already has the interview, if they are checking backgroung is gonna take some time and rushing them is not the smartest idea.

[Hypnos 6,578]

Once an RFE has been issued in a case all processing on it ceases until a response to the RFE is received and accepted.

[Andrea&Henry 311]

That's not true. You cant stop ALL procesing because someone made a mistake. The case is put aside, and they will keep working in other cases til the response get there. I invite you to read an interview made to a immigration worker. He basically in charge of one of the USCIS processing center not long ago and he explains very well how RFE impact in YOUR case NOT others. I think is true cause my father in law best friend work in Vermont for a long time ago and he told me basically the same thing. The interview is post here in visajourney. If I find Ill send it to you

[Andrea&Henry 311]

ohhh GOT YOU! I didnt understand that...my bad. You are right, if you got an rfe all the processing in YOUR CASE cease, but the other ones keep walking...you are right, sorry my bad. Anyways, I found the interview, it was really open my eyes about how USCIS works on the inside. Is a lil bit long but I think it worth the pay to read it! http://www.visajourney.com/content/adjudicator-q-and-a

It called "Question and answering with an USCIS Adjudicator" in case the link doesnt work

[Hypnos 6,578]

Great link, I read it a couple of weeks ago but it is a must-read for anyone with a pending AoS (it's where I originally got the idea for a congressional enquiry in my case)

[Ron-Tanya 23]

Having worked in and for the US Government most of my life and I ran across someone with your attitude I would slow down also as most Government people around the world would do. I read your first thread and now this one and it seems two different people are doing the writing? I may be wrong (have been once before) but I would chill out and save my money before shelling out to a lawyer. Your still a guest here yes we make mistakes like any other country. But if we're so wrong then why do you want to stay? I read what you have written and maybe USCIS did make a mistake, but the way you write raises BIG RED FLAGS to me. Chill out and wait your turn.

[A and T 82]

LOL you just applied this year! Why don't you take a look at my time line, i'm going on over 3 years and into the 4th. It could be much longer and harder in your life.

[EAbbas 213]

http://usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

*WRIT OF MANDAMUS: What is this Writ and How is it Obtained?

"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court.

You can't file WOM unless you have been waiting a very long time and as of right now you haven't been in an excessive waiting period. Just give it time.. they will get your case completed. Send in everything they have asked for or do ask for in the future and just be patient.

[asdfg 18]

Btw, FYI, the fact that in Venezuela, public affairs and administration, works different from the US doesn't mean that I dont Know how things supposed to work , and how it works here in the US. I wasn't raised in a jungle or something like that. Part of my family live here and in Europe long before I was born. And I'm lawyer btw. So I think I have an idea how things work

I knew a guy who was a student in US from Venezuela (classmate of my relative). He is back to Venezuela now.

It is a real jungle there, political wise. A HUGE difference in the concept of government. This is no offense to you.That's just a part of reality there.

But let's not stray from the topic anymore.

You said you are a lawyer ,that's great. I encourage you to read and study the concept of Writ of Mandamus that we have in the United States. Then try to do some research into AOS cases that were brought to court where Judges ultimately ordered USCIS to make a decision on a case.

The reason we have three branches of government and independent Judiciary is that we don't want no jungle here like in Venezuela.

If you read at the top of the conversation he said at some point he were. And the point is that Im not telling him not to do it, but he has to think very well what is he doing. A WOM is not a simple complaining about a bad service. As a lawyer I know what it is. He should wait.

My signature states that my I-130 is approved, but I-485 is still pending.

I am not only "thinking very well" but I am doing a full time case research and study on it (which I will be sharing on this board with others).

My current lawyer is the highest rated by Martindale-Hubbel (rated AV), practicing since 1970's and won 27 WOM cases so far. You bet I trust his opinion when he says I can bring the case to court.

I have also consulted with Carl Shusterman, Californian attorney who probably filed hundreds of WOM's in recent past.

I will NOT wait 120 days after RFE submission for dimwit IO to attend to my case when he pleases.

he already has the interview, if they are checking backgroung is gonna take some time and rushing them is not the smartest idea.

They are not checking my BG, that has been done before interview.

What they are doing now is having my file collect the dust. Or may be in their dreams they see me having been arrested and convicted with felony for not wearing a seat belt. Since I haven't , then all BGC they do is hopelessly trying to find a black cat in a dark room. Very well, bringing them to a district court shall speed up this process.

It is VERY SMART idea to bring dimwit, undertrained and inept IO workings to the light of the court.

And Hypnos is right, when they issue RFE they put your case on hold. That's basically a way for them not to work on your case. WOM will force them to justify it.

I have read this too (http://www.visajourney.com/content/adjudicator-q-and-a) , but it is not applicable to my case.

He was an adjudicator at regional service center, my case got stuck at local field office. They process different volume of case and at different stages. My local office job was to conduct interview , basically everything was already done before the interview (including BG checks) and what interview did is confirm the existing marital relationship and assure I am who I say I am. But instead of making a decision a stupid IO changed my answer to YES and included a traffic violation where it is explicitly excluded by I-485! And now they are telling me wait additional 120 days (that's on top of 6 months after filing , making it just under 10 months of total waiting time, that's when USCIS reports that longest processing case was filed 5 months ago!).

Ron & Tanya: Having worked in and for the US Government most of my life and I ran across someone with your attitude I would slow down also as most Government people around the world would do.

Let's stay focused: IO didn't "slow down" because of my "attitude". When I went to interview I answered all questions asked and my I-130 was approved but I-485 got RFE.

And RFE is for something explicitly excluded from the 3 C 1.b. It is a clear case of stupidity and ineptness of newly of hired officer and that's what has caused this slow-down in final stage of my case and not my "attitude" as you assume.

I read your first thread and now this one and it seems two different people are doing the writing? I may be wrong (have been once before) but I would chill out and save my money before shelling out to a lawyer. Your still a guest here yes we make mistakes like any other country. But if we're so wrong then why do you want to stay? I read what you have written and maybe USCIS did make a mistake, but the way you write raises BIG RED FLAGS to me. Chill out and wait your turn.

I won't comment your impression about me as as it's irrelevant and distracts from the subject being discussed.

The fact is IO was inept and stupid , he wrongfully changed my answer and issued RFE when it was clearly unwarranted.

My being guest here has nothing to do with IO not discharging his duty properly and going against the law to keep my case pending without any lawful reason.

IO being stupid has nothing to do with US being a great country to stay. In fact because US is a great country I will bring the case in Federal Court and ask the Judge to impartially decide if any further delay in adjudicating is warranted. If so and it is for a lawful reason then sure, I will obey, but throw my case into a dust bin just because you are inept and incompetent or plain lazy? Who said I will let you do that without bringing you to court to answer why?

Just because overwhelming majority of immigrants don't know it and allow themselves to be abused doesn't mean that's how it should be.I am one who will stand up and ask for fair judicial intervention.

And you bet that IO will have negative consequences once I bring this to a light. His ineptness and gross error will be known to US Attorney and everyone involved in the higher chains of local office. I read the manuals and memos and instructions issued by headquarters to lower level officers instructing them against this sort of ineptness and unjustified RFE's. Add to this court costs and having to deploy US Attorney to write a brief and go to court to defend the action of the erring IO and I am sure in the end it will not be looked at favorably when it comes to performance review of whoever that dimwit officer who made an error in my case is.

Adam and thet:

LOL you just applied this year! Why don't you take a look at my time line, i'm going on over 3 years and into the 4th. It could be much longer and harder in your life.

Adam and thet,

Contrary to your assumption, you can bring WOM at anytime when your case lags past the posted timeliness.

My case was filed in January. People who filed AOS cases in May walk out with decision nowdays.

Baltimore is slow (compared to some faster offices), but according to their "slow" chart the earliest case they were adjudicating as of May 31 2012 was filed on January 05 2012. That's the "slowest" case they reported.

Either their report is false (and then they should remove it and replace with true report, as today is August 03rd and they are STILL working on my case which was filed on January 2012 AND they tell me it will take them additional 120 to look at RFE submitted, are they joking?) or, if report is accurate then my case is lagging far behind the most lagging case at Baltimore, MD office and they better answer to Federal Judge why.

Because of RFE issued for traffic ticket that shouldn't ever been added to application and RFE'd? They better explain this to a Judge.

Your case is different than mine. And am not sure you it falls under the jurisdiction of federal courts ( 129F-130 , I assume is the petition to establish relationship to fiance , not too sure but I think ) and not knowing your case in entirety I can't know what the delay was for and whether it was for lawful reasons.

In my case a dimwit IO has changed my answer to YES on I-485 because of traffic tickets that didn't involve arrest, drugs, alcohol nor resulted in a penalty of $500 or above. And now it's pending a review of it!

Do you notice the gross absurdity ?

Good luck to you with your case.

Edited August 3, 2012 by asdfg

[asdfg 18]

WRIT OF MANDAMUS

The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.This writ was introduced to prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Mandamus will not lie where the law has given another specific remedy.The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. The issuing of a mandamus to courts, is the exercise of an appellate jurisdiction, and, therefore constitutionally vested in the supreme court; but a mandamus directed to a public officer, belongs to original jurisdiction, and by the constitution, the exercise of original jurisdiction by the supreme court is restricted to certain specified cases, which do not comprehend a mandamus. The latter clause of the above section, authorizing this writ to be issued by the supreme court to persons holding office under the authority of the United States, is, therefore, not warranted by the constitution and void.The circuit courts of the United States may also issue writs of mandamus, but their power in this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction.

source: http://www.lectlaw.com/def2/m079.htm

[Xanax 349]

Firstly, I wish you luck.

You state that an IO made a mistake, fair enough. You're frustrated, fair enough. You apparently need your i485 approved asap, fair enough.

To me it appears that you are making an exceptionally large deal of this, wasting lots of money and excessively insulting US government workers and possibly people on this board.

So... maybe it is time to proceed with what you think is right, true, correct and just but leave this thread for a little bit and cool off? Then you can come back with happy updates and hopefully everyone will treat you / your topic with a little more warmth and you can reciprocate.

One thing I have learned from this board is if you seem to be having an uphill battle with other members, you find yourself constantly defending yourself, insulting uscis or other members, it if definately time for a break.

Go enjoy the summer

Again good luck.

[asdfg 18]

Firstly, I wish you luck.

You state that an IO made a mistake, fair enough. You're frustrated, fair enough. You apparently need your i485 approved asap, fair enough.

To me it appears that you are making an exceptionally large deal of this, wasting lots of money and excessively insulting US government workers and possibly people on this board.

So... maybe it is time to proceed with what you think is right, true, correct and just but leave this thread for a little bit and cool off? Then you can come back with happy updates and hopefully everyone will treat you / your topic with a little more warmth and you can reciprocate.

One thing I have learned from this board is if you seem to be having an uphill battle with other members, you find yourself constantly defending yourself, insulting uscis or other members, it if definately time for a break.

Go enjoy the summer

Again good luck.

Thank you for posting and sharing your opinion. I welcome all range of opinions, including ones that are very critical of me , as long as criticism is fair and based on valid points.

You said I am being excessively insulting of US government workers and possibly people on this board.

By all means it is not and never was my intention to insult anyone on this board.

If ,inadvertently and without intention, I insulted anyone on this board at all

I would promptly offer my apologies , because this board is not for us to insult

each other but to speak our opinions and share our cases and experiences going

through the AOS.

As to US Government employees, keep in mind that they are in the office of public trust and have noble and

highly responsible duties to be discharged while , at the same time, being subject to all of the laws

and regulations the rest of the US population must live and abide by.

I believe that most of them are good individuals, trying their best to do their duties, just as most of people among and around us are.

Moreover, Judiciary being one of three equal branches of government, it is with faith in fundamental fairness

and goodness of US Government that I contemplate to bring a Writ of Mandamus case in a Federal Court.

Had I thought poorly of US Government or it's workers in general I would be very afraid to speak up my mind and would tremble being at mercy of any employee who may have violated my due process rights.

Contrary is true.

If I use an insulting word I never insult a "US Government" but always a specific individual employed by the government and entrusted to be in charge of the case and who , by all factual evidence I now posses, grossly erred and made me subject to the extra waiting far beyond what is reported by field office, all due to the error of one person who wrongfully included and made my traffic tickets subject to RFE.

I strongly believe in the principles of the Constitution of the United States and have profound faith in it , and fundamental part of US Constitution is to hold public servants responsible just as any person under the law, and perhaps to even greater degree than ordinary Citizens due to such trust and authority vested in them by People and Congress to discharge their duties.

It is a standard I would hold myself up to if I ever was working for a Federal Government and there is no reason why this set by US Constitution standard should be lowered in case of individuals in charge of fates of so many mothers, fathers, husbands, wives and children of United States Citizens.

I created this thread to post results of my case research into Writ of Mandamus cases involving the adjustment of status applications and, while at it, to share my experience as well as welcome the contributions and opinions of the others.

As stated above, and in the spirit of 1st amendment I am receptive of all range of opinions, including critical ones , as long as it is civil, fair and based on valid points.