Writ of Mandamus... should we file?

[jan22 3,055]

They cannot deny me based on that. But thanks for encouraging

Actually, they can deny based on you filing a Writ of Mandamus -- the writ is basically a request to a court to order a government agency to take action on your case. If USCIS does not have all of the information needed to approve your case, the only way they can comply with the writ is to deny the case.

Not to pile on, but you seem determined not to acknowledge doing anything wrong. You said you tried to stay legal but that was denied. I assume that was when you applied for a change of status (not an adjustment of status -- an adjustment is only to legal resident) to tourist that was denied. Even if it had been approved, it would not have given you the right to work in the US or stay as long as you did. If you were doing everything you could to remain legal, you would have left the US when the change of status was denied. I think people here would be a little more understanding if you didn't sound so entitled to do whatever you want. Many/Most are going through this whole process -- and the same delays that you are facing -- separated by their loved ones who cannot spend however long it takes in the US with them, let alone for the past seven years.

Regardless that there are others who did what you did and got approved, regardless that it was done in less time, regardless that you don't think USCIS is doing it's job -- your case may not be as easy and transparent as you think. For example, when your change of status was denied, at some point there could have been a departure order issued against you that you didn't know about/didn't comply with. Or, they are investigating all of the jobs you had to verify that you, in fact, did not claim to be a US citizen and that is taking some time. Or.....any one of a number of other things that you might not think about.

You apparently have an EAD, you have AP so you can travel, and you are with your spouse -- it's hard to see how there will be mucb of a change in your day-to-day life when it is approved, unlike many here. Again, not trying to gang up on you -- just trying to perhaps provide a little perspective.

[Pitaya 2,577]

~This thread is closed per OP request.~

Pitaya

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