any experience with writ of mandamus for I751

[kasper-k 2]

ok this is really terrifying if I'm in that list... for the case of the Irania guy you guys mentioned, he lied about so many things which made his case hard, but let's assume that I'm in the list, regardless if I file the WoM or not  the answer in both cases is a denial, so waiting is just a wast of time if they are sending me home then I rather know now so I will figure out my life and my future, also to discuss that with my wife as we are both stressed. I'm also assuming if they deny me based on a security concerns they must have evidence to support that claim, they can't just send a paper to the judge saying this person is national security threat just because he is from a Muslim country. In the last 6 years all what I have been doing is working and studying. 

[kasper-k 2]

23 minutes ago, mindthegap said:

Still thinking about it...

 

My FOIA request returned with so many redacted pages it is next to useless...I did find out a handful of minor details I wasn't aware of before, but undecided how to proceed at this point. 

It has now been more than 12 months since my N-400 interview was cancelled on the day and promised an expedited reschedule (ha!) and now 2.5 years since the second I-751 was filed. If I had had my N-400 interview then a writ would be more appropriate, but as I haven't it is a little more unclear, despite both being classed as well outside of normal processing time.

 

USCIS. Absolute ****ing clowns the lot of them.

 

I was reading your case and I think we both went through the same nightmare, however I waited more than you. 

[jakelake 222]

Unless the Controlled Application Review and Resolution Program (CARRP) was not in effect 5 years ago, why would a visa be approved and then the N-400 approved? If it were a national security issue, I would think that the I-130 petition would have been denied by NVC?

 

If the decision for I-751 is still pending, have you received another extension? 

[kasper-k 2]

5 minutes ago, jakelake said:

Unless the Controlled Application Review and Resolution Program (CARRP) was not in effect 5 years ago, why would a visa be approved and then the N-400 approved? If it were a national security issue, I would think that the I-130 petition would have been denied by NVC?

 

If the decision for I-751 is still pending, have you received another extension? 

yes each 6 months I make an info appointment to have my passport stamped I515 

[jakelake 222]

22 hours ago, kasper-k said:

back in 2018 I applied for N400 while I751 was pending, I was called for an interview for N400, the officer was not happy with the fact that I applied for both cases at the same time, she checked my file and wasn't happy with the evidence, she interviewed me and my wife, then told us she will ask for more documents and she will send us a letter, explaining what we need to do.

Why was the officer not happy? It is legal to file N-400 while also waiting for I-751. It seems that the officer did not do the right thing. Unfortunately, it all depends on who interviews you.

[jakelake 222]

2 minutes ago, kasper-k said:

yes each 6 months I make an info appointment to have my passport stamped I515 

You are able to travel and enter the US without any problems?

Assuming that you have to have your passport stamped every 6 months, what effect does that have on whether you can stay and work in the US? If no effect, then the big inconvenience is making the info appointment every 6 months to have passport stamped.

[mindthegap 2,601]

26 minutes ago, kasper-k said:

I was reading your case and I think we both went through the same nightmare, however I waited more than you. 

5 years since my first (joint) I-751 was filed....

[kasper-k 2]

1 minute ago, jakelake said:

Why was the officer not happy? It is legal to file N-400 while also waiting for I-751. It seems that the officer did not do the right thing. Unfortunately, it all depends on who interviews you.

 

12 minutes ago, jakelake said:

Why was the officer not happy? It is legal to file N-400 while also waiting for I-751. It seems that the officer did not do the right thing. Unfortunately, it all depends on who interviews you.

 

9 minutes ago, jakelake said:

You are able to travel and enter the US without any problems?

Assuming that you have to have your passport stamped every 6 months, what effect does that have on whether you can stay and work in the US? If no effect, then the big inconvenience is making the info appointment every 6 months to have passport stamped.

it is what it is, I wish I took a lawyer with me, I remember one of the times I made an info pass appointment and wanted to ask about my case, I was insisting to talk to the same officer who conducted my interview and to her if she received the proofs I submitted, she showed up eventually after I kept pushing the agent to call her, you probably won't believe it but when she showed up, I told her I brought you proofs last month and I was wondering if you got it, she said yes but I asked you to wait for my letter. I said I never got that letter but all the documents you were asking for during the interview I brought it, can you please review it. She said I don't have time I'm busy doing interviews and I'm not sure when I will review it, maybe this weekend, maybe next month, maybe next year and if I do then I have to send it to my supervisor who's in vacation right now, and she left, she was so unprofessional. Since that day I knew my case is going to be very complicated.  

 

Yes, I can travel but the stamp is not a solution, in the last 5 years I went to visit my family twice, each time they gave me a hard time at the airport before boarding, I have to go to different interviews and endless questions since other countries are not familiar with that stupid stamp in the passport, I don't even have my expired green card since they took it. Now I'm avoiding traveling. 

[kasper-k 2]

3 minutes ago, mindthegap said:

5 years since my first (joint) I-751 was filed....

Ohh I see, I though it was 2.5 years, so what are you planing to do next ? why didn't you do WoM, my lawyer asked for $5000, but I want to find people with the same situation who filed the lawsuit and seek their experience, honestly people in this forum are a great resource. 

[jakelake 222]

17 minutes ago, kasper-k said:

 

 

I remember one of the times I made an info pass appointment and wanted to ask about my case, I was insisting to talk to the same officer who conducted my interview and to her if she received the proofs I submitted, she showed up eventually after I kept pushing the agent to call her, you probably won't believe it but when she showed up, I told her I brought you proofs last month and I was wondering if you got it, she said yes but I asked you to wait for my letter. I said I never got that letter but all the documents you were asking for during the interview I brought it, can you please review it. She said I don't have time I'm busy doing interviews and I'm not sure when I will review it, maybe this weekend, maybe next month, maybe next year and if I do then I have to send it to my supervisor who's in vacation right now, and she left, she was so unprofessional. Since that day I knew my case is going to be very complicated.  

 

 

What if the next time you go you ask to speak with another officer to look at your case? Sometimes it all depends on who you reach.

[kasper-k 2]

13 minutes ago, jakelake said:

What if the next time you go you ask to speak with another officer to look at your case? Sometimes it all depends on who you reach.

I actually did, last year they stopped allowing people to make an info pass appointment online, you can only ask to do it by calling them and you have to have a valid reason such as stamping your passport, thus I had to go without an appointment and waited in the hallway looking for any staff passing by so I can ask them for help, lucky there was a nice lady which I felt she can help, I start telling her about my case and she felt sorry and apologized in behalf of the other officer's behavior, then she asked me to wait while she went inside to check. She came back after 20min and said that there is nothing that she can do and she can't share any useful information, then she suggested if I can keep pushing and maybe reach out to the Ombudsman office, she encourage me to push back and keep doing service requests. 

[jakelake 222]

At this point, I would contact the ACLU and if that seems be dragging as well, then get an attorney who is experienced in such matters.

[kasper-k 2]

I just received this from them after submitting a service request last month, note that this message is different from the other generic replies:

 

Quote

The status of this service request is:

On February 20, 2020, you or your representative contacted USCIS concerning your Form I-751, Removal of Lawful Permanent Resident Conditions, to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

Our records show that due to pending security checks, we cannot make a decision on the case. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete. 

We hope this information is helpful to you.

 

The usual generic responses I received are like this: 

 

Quote

"Your case is currently pending required security checks. We cannot make a decision on your case until we receive the results of these security checks."

 

[Liam2021 587]

There must be some reasons( as a regular citizens we never know) which hold of USCIS took action on your case. Contact ACLU or Obudsman is your best option right now.

[kasper-k 2]

12 minutes ago, H&T said:

There must be some reasons( as a regular citizens we never know) which hold of USCIS took action on your case. Contact ACLU or Obudsman is your best option right now.

I didn't contact ACLU but this is the answer from the Ombudsman

 

Quote

 

Dear Sir/Madam,

 

Thank you for your email. Please be advised that this case remains under review with USCIS. Currently, we do not have any updated information to provide to you. While we understand your concerns and the reasons that have compelled you to write us, we will continue to monitor this case and contact USCIS on your behalf. Any information that we receive about this case will be forwarded to you as soon as we receive the information.

 

Sincerely,