Writ of Mandamus - Should we consider?

[^KK^ 3]

Wow it seems like there is a lot going on in your case.

[lucy_hk 0]

James....

You are absolutely correct.

There is only one coded duty that USCIS has any specific duty to perform, and that is to adjudicate a petition for naturalization within 120 days. And those are the very cases in which they are currently filing motions to dismiss for.

Hey I am back. It's been one and a half months since I last posted. Been busy at work.

I did not intend to use the Writ of Mandamus to force the USCIS or DHS to approve my case. I just want them to send my boyfriend a notice of intend to deny as soon as possible, so that we can appeal. Our immigration lawyer told us there is nothing he can do at this moment until we have the NOID letter in mail. But look this USCIS is hold this letter or I guess they are holding everything in our case. Perhaps it's because they dont want us to appeal. They dont want us to bug them. It is this reason I should file this writ of mandamus to force them action. Whatever the final decision is denial or approval. This is ridiculous - This 31st July 2007 - our case will be reaching the 365 days time line but still "received and pending"

You have a lawyer. Ask him what to do. Not us.

Hi Rebecca, I understand what you meant. But I am Not asking you/VJ users users what to do. I just posted my question here for discussion. I posted, and users going thru similar situations and users curious about the Writ of Mandamus can share their experience or concerns.

Did any part of my previous replies make you feel that I am asking VJ users/you what to do?

My boyfriend was not able to find an immigration lawyer whom he is confident of until recently. He talked to 4 or 5. Some of them don't even understand what K1,2, 3 mean. They claim they are immigration lawyers, but they just dont seem to be. My boyfriend lives in Grand Rapids, Michigan. He recently been able to talk to a real immigration lawyer in Detroit. Early May we asked him if it's OK to file a Writ of Mandamus. He said premature and by the time the files got onto the court docket, we would already have heard an answer from USCIS.

I started this topic in April at VJ. I got the lawyer's response in May.

I meant, really, I had not any intentions to seek assistance at VJ. Just open discussion.

Thanks.

But of course, if our lawyer will be doing specific actions soon, i will IMMIEDIATELY post updates here and keep posting the progress. So far, we have been given legal advice by him, but no concrete legal procedures been pursued by him. We are just waiting for the NOID letter now. It s been 4 months since USCIS denied our case, but we have not got the NOID letter yet. And the case status is still "received and pending"

[lucy_hk 0]

Wow it seems like there is a lot going on in your case.

Hey, KK, your case got approved in less than a month!

[The_dip_sticks 0]

do you know why your application was denied?

James....

You are absolutely correct.

There is only one coded duty that USCIS has any specific duty to perform, and that is to adjudicate a petition for naturalization within 120 days. And those are the very cases in which they are currently filing motions to dismiss for.

Hey I am back. It's been one and a half months since I last posted. Been busy at work.

I did not intend to use the Writ of Mandamus to force the USCIS or DHS to approve my case. I just want them to send my boyfriend a notice of intend to deny as soon as possible, so that we can appeal. Our immigration lawyer told us there is nothing he can do at this moment until we have the NOID letter in mail. But look this USCIS is hold this letter or I guess they are holding everything in our case. Perhaps it's because they dont want us to appeal. They dont want us to bug them. It is this reason I should file this writ of mandamus to force them action. Whatever the final decision is denial or approval. This is ridiculous - This 31st July 2007 - our case will be reaching the 365 days time line but still "received and pending"

You have a lawyer. Ask him what to do. Not us.

Hi Rebecca, I understand what you meant. But I am Not asking you/VJ users users what to do. I just posted my question here for discussion. I posted, and users going thru similar situations and users curious about the Writ of Mandamus can share their experience or concerns.

Did any part of my previous replies make you feel that I am asking VJ users/you what to do?

My boyfriend was not able to find an immigration lawyer whom he is confident of until recently. He talked to 4 or 5. Some of them don't even understand what K1,2, 3 mean. They claim they are immigration lawyers, but they just dont seem to be. My boyfriend lives in Grand Rapids, Michigan. He recently been able to talk to a real immigration lawyer in Detroit. Early May we asked him if it's OK to file a Writ of Mandamus. He said premature and by the time the files got onto the court docket, we would already have heard an answer from USCIS.

I started this topic in April at VJ. I got the lawyer's response in May.

I meant, really, I had not any intentions to seek assistance at VJ. Just open discussion.

Thanks.

But of course, if our lawyer will be doing specific actions soon, i will IMMIEDIATELY post updates here and keep posting the progress. So far, we have been given legal advice by him, but no concrete legal procedures been pursued by him. We are just waiting for the NOID letter now. It s been 4 months since USCIS denied our case, but we have not got the NOID letter yet. And the case status is still "received and pending"