any experience with writ of mandamus for I751

[Srdan 5]

1 hour ago, bing10 said:

 

Thanks for keeping everyone up to date on your case.

 

Could I ask, what city are you in, and how did you go about finding a lawyer who specializes in Mandamus? Also, how much did the Mandamus process cost?

The cost to start it is like 4-7k plus if Uscis decide to fight back you gonna have lawyer hearing also, not cheap but when you have no other option...I personally heard stories of people waiting 6,7-10 years and decided to do it or I would lose my mind otherways 

[bing10 114]

1 hour ago, Srdan said:

The cost to start it is like 4-7k plus if Uscis decide to fight back you gonna have lawyer hearing also, not cheap but when you have no other option...I personally heard stories of people waiting 6,7-10 years and decided to do it or I would lose my mind otherways 

 

Thanks for the info. I'm now at that point too where I have to do something. I'd rather get a denial, than just keep waiting indefinitely in limbo. 

 

Could I ask, which field office your case is at?

 

Edited March 19, 2021 by bing10

[bing10 114]

On 3/5/2020 at 9:27 AM, 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.

 

 

@mindthegap sorry to reply to such an old comment, but I just wondered if the FOIA request was useful at all for figuring out what was happening with your case? You mentioned there was a handful of minor details you weren't aware of?

 

I'm 13 months out since my N-400 interview (also in NY) and hitting the point where I'll try anything.

[mindthegap 2,599]

24 minutes ago, bing10 said:

 

@mindthegap sorry to reply to such an old comment, but I just wondered if the FOIA request was useful at all for figuring out what was happening with your case? You mentioned there was a handful of minor details you weren't aware of?

 

I'm 13 months out since my N-400 interview (also in NY) and hitting the point where I'll try anything.

Hey, not a problem.

Not really. It was so heavily redacted - like 200 pages fully and almost 100 partially. The info I wanted and specifically requested was contained within those redactions. 

It did give me some insights into some parts of the inner workings & some of the process I was unaware of, confirmed a few of the lies I was told and a few unknown nuggets I have noted down for future use at some point, but in all honesty those were quite specific to my case really and wouldn't be in your average regular I-751 filing. 

The FOIA request for your full A# file is free, so you have nothing to lose by doing so.

 

Your first line of attack should be senator enquiry. I see you are also in NY-  Gillibrand is helpful, Chuck not so much, but file both at the same time  and contact them again and again (gillibrand says to get in touch again if no movement within 120 days) -  and start filing an 'out of processing time' service request EVERY 30 days like clockwork. And keep the response letters. Mandamus is VERY expensive, and really annoys them.

 

The takeaway is this: USCIS have little accountability, except to a federal court, and only in certain circumstances. They can largely do as they please.

 

Edited March 19, 2021 by mindthegap

[bing10 114]

6 minutes ago, mindthegap said:

Not really. It was so heavily redacted - like 200 pages fully and almost 100 partially. The info I wanted and specifically requested was contained within those redactions. 

It did give me some insights into some parts of the inner workings & some of the process I was unaware of, confirmed a few of the lies I was told and a few unknown nuggets I have noted down for future use at some point, but in all honesty those were quite specific to my case really and wouldn't be in your average regular I-751 filing. 

 

Your first line of attack should be senator enquiry - I see you are in NY Gillibrand is helpful, Chuck not so much, but file both at the same time -  and start filing an 'out of processing time' service request EVERY 30 days like clockwork. And keep the response letters. Mandamus is VERY expensive, and really annoys them.

 

The takeaway is this: USCIS have little accountability, except to a federal court, and only in certain circumstances. They can largely do as they please.

 

 

Thanks for the detailed reply. How long did the FOIA request take to come through from the time you submitted the request?

 

Yes, I already do a senator inquiry with Gillibrand every 90 days and also with my Representative who's been great, and always get the same or similar stock standard USCIS response. It feels like the USCIS liaison doesn't even properly look at the case from the responses I've been getting.

 

Have you thought about at what point you would file mandamus for your case?

[mindthegap 2,599]

23 minutes ago, bing10 said:

 

Thanks for the detailed reply. How long did the FOIA request take to come through from the time you submitted the request?

 

Yes, I already do a senator inquiry with Gillibrand every 90 days and also with my Representative who's been great, and always get the same or similar stock standard USCIS response. It feels like the USCIS liaison doesn't even properly look at the case from the responses I've been getting.

 

Have you thought about at what point you would file mandamus for your case?

It is in my signature - filed it sometime in Dec, came back in Feb, within 90 days. 

 

I can't file mandamus. It is only applicable in certain circumstances. 

I have some stuff going on right now with them which I can hopefully post a huge update soon, but I am not detailing at this time. 

[bing10 114]

7 minutes ago, mindthegap said:

It is in my signature - filed it sometime in Dec, came back in Feb, within 90 days. 

 

I can't file mandamus. It is only applicable in certain circumstances. 

I have some stuff going on right now with them which I can hopefully post a huge update soon, but I am not detailing at this time. 

 

My apologies, I should have read through your signature. I just did, and see you have really had a rough ride with USCIS. It makes my process look like smooth running!

 

I wish you the best of luck, and look forward to hearing positive news on your next big update.

[mindthegap 2,599]

9 minutes ago, bing10 said:

 

My apologies, I should have read through your signature. I just did, and see you have really had a rough ride with USCIS. It makes my process look like smooth running!

 

I wish you the best of luck, and look forward to hearing positive news on your next big update.

Thanks.

Yes I have been through hell with them, through no fault of my own.

 

But when you are going through hell, you don't stop - you keep going and hopefully come out the other side.

 

 

Edited March 19, 2021 by mindthegap

[kasper-k 2]

12 hours ago, Srdan said:

I filled my joint i751 on April 2018, in February 2019 got divorced and only communication were fingerprints in almost 3 years of time, so in January 2021 I decided to go Mandamus route after numerous tries to kick the case with congressman ombudsman etc...So once I filled mandamus in January 2021 I got interview set in February 2021 for March 16, attended it and was grilled for 1h45minutes, after it had a hard feeling that I am actually a human being, she told me at the end that she still needs some more time and that will inform via mail about the decision, my case tracker is stuck ever since in fingerprints done on July 22, 2019, bottom line feeling miserable after all this bs, plenty of proof, entered 100% my marriage in good faith, got cheated by ex wife and mutual friend at that time, she stayed pregnant that’s why we divorced...on top of all that misery they kept me another 2 years lingering in that past life, if I didn’t sue them who know when I would actually get moving, so was left with Mandamus as the only option and got grilled like I am a criminal

I'm really sorry to hear about about your experience, I've been in your shoes so I know exactly how you feel, I will tell you how I escaped from that hell, first, let me inform you that I have tried everything that you can think about to speed up my process, nothing worked, in fact I feel like it made it worse, anyway, when Covid hit last year, the immigration office at my location had to close, everyone was panicking at that time,  my I551 stamp was going to expire that week and my employer kept sending me emails to provide them with a new one asap, so I called the USCIS and I told them if I don't get the stamp by tomorrow, I might lose my job, the emails from my employer backed my story, they had to schedule an emergency appointment with my local office, they called me and asked me to show them my employers email, ultimately, the next day they asked me to go to the immigration office, the only person who was working was the supervisor, the building was almost empty, just the security, at the gates and the supervisor who had to come to stamp my passport, when I went to his office, I had my golden chance to talk to him in person and shared my struggle and frustration, I tried my best to make him understand my journey, I also told him a joke so he laughed a little, after he finish he told me that he will ask an officer to take a look at my application, I guess he wasn't lying, after a week, an officer called me and asked me to confirm my address for my 10 years greencard as well as the ceremony letter.

The 10 min meeting with the supervisor solved my very complex situation that stressed me for 3 years, one last thing to add, even after I become a citizen, I kept receiving emails from ombudsman office saying that they're checking with USCIS about my case, this means that they are completely useless, from the beginning they were just send me some generic emails saying that they are following up with my case, at some point I had to email them and inform them that my case was already approved 6 months ago, so cut the bs and stop emailing me as if you were following up from the beginning you would've known that information, I literarily said that and it felt good. 

 

[Srdan 5]

21 minutes ago, kasper-k said:

I'm really sorry to hear about about your experience, I've been in your shoes so I know exactly how you feel, I will tell you how I escaped from that hell, first, let me inform you that I have tried everything that you can think about to speed up my process, nothing worked, in fact I feel like it made it worse, anyway, when Covid hit last year, the immigration office at my location had to close, everyone was panicking at that time,  my I551 stamp was going to expire that week and my employer kept sending me emails to provide them with a new one asap, so I called the USCIS and I told them if I don't get the stamp by tomorrow, I might lose my job, the emails from my employer backed my story, they had to schedule an emergency appointment with my local office, they called me and asked me to show them my employers email, ultimately, the next day they asked me to go to the immigration office, the only person who was working was the supervisor, the building was almost empty, just the security, at the gates and the supervisor who had to come to stamp my passport, when I went to his office, I had my golden chance to talk to him in person and shared my struggle and frustration, I tried my best to make him understand my journey, I also told him a joke so he laughed a little, after he finish he told me that he will ask an officer to take a look at my application, I guess he wasn't lying, after a week, an officer called me and asked me to confirm my address for my 10 years greencard as well as the ceremony letter.

The 10 min meeting with the supervisor solved my very complex situation that stressed me for 3 years, one last thing to add, even after I become a citizen, I kept receiving emails from ombudsman office saying that they're checking with USCIS about my case, this means that they are completely useless, from the beginning they were just send me some generic emails saying that they are following up with my case, at some point I had to email them and inform them that my case was already approved 6 months ago, so cut the bs and stop emailing me as if you were following up from the beginning you would've known that information, I literarily said that and it felt good. 

 

Did you file Mandamus at any point? I feel like if I didn’t do that they would never move...but still once I got to the interview they made sure they made me regret it 

[Srdan 5]

2 hours ago, bing10 said:

 

Thanks for the info. I'm now at that point too where I have to do something. I'd rather get a denial, than just keep waiting indefinitely in limbo. 

 

Could I ask, which field office your case is at?

 

Jacksonville field office, they moved it there from CSC once I filled Mandamus, now mandamus case is still open and they have 60 days since US attorney received the summon, if they don’t complete it in 60 days they usually request 60 days extension more but that’s about it, if they still don’t make a decision then hearings start at the court and judge compels them to make a decision...now don’t get me wrong, judge cannot tell them to approve or deny, judge can only tell them to do their job, if it gets denied then you go to immigration judge in removal proceedings but don’t know what chances you have once you go that path. So yeah Mandamus can do a great job but can also backfire 

Edited March 19, 2021 by Srdan

[bing10 114]

24 minutes ago, Srdan said:

Jacksonville field office, they moved it there from CSC once I filled Mandamus, now mandamus case is still open and they have 60 days since US attorney received the summon, if they don’t complete it in 60 days they usually request 60 days extension more but that’s about it, if they still don’t make a decision then hearings start at the court and judge compels them to make a decision...now don’t get me wrong, judge cannot tell them to approve or deny, judge can only tell them to do their job, if it gets denied then you go to immigration judge in removal proceedings but don’t know what chances you have once you go that path. So yeah Mandamus can do a great job but can also backfire 

 

Thanks for the info. Yes, I know Mandamus can backfire, I'm going to wait a little longer before actually doing it, but I'm researching all the options so that I understand what's involved.

 

[Srdan 5]

@kasper-k @mindthegapanother question for you guys...since my case tracker is stuck in fingerprints done since 2019 and never actually got updated about interview, is it possible that I am already adjudicated at this point and that status is still stuck ?

[mindthegap 2,599]

29 minutes ago, Srdan said:

@kasper-k @mindthegapanother question for you guys...since my case tracker is stuck in fingerprints done since 2019 and never actually got updated about interview, is it possible that I am already adjudicated at this point and that status is still stuck ?

Doubtful, unless you didn’t update your address or something and haven’t received the letter. 
Each denial I have received I have got two separate copies in the mail - hand written envelopes.

 

You are correct though, that the status online for a denial will never update

[Srdan 5]

11 minutes ago, mindthegap said:

Doubtful, unless you didn’t update your address or something and haven’t received the letter. 
Each denial I have received I have got two separate copies in the mail - hand written envelopes.

 

You are correct though, that the status online for a denial will never update

But will it update online necessarily in case of approval? I saw some guys reporting they never got status updated on case tracker and just got welcoming mail and card in mailbox