How to file a Mandamus in Federal Court

[TSST 0]

Thank you really helpful. I am thinking to do it. 

[hp_001 0]

We had an interview last November. No decision was issued on our case. I asked for help from my US Senator and US Congressman and Ombudsman office, nothing helps. How long we should wait ideally before filing a WOM? 

My friend told that their lawyer advised to wait for a year at least since USCIS might file motion to dismiss a case, due to them being overwhelmed. 

Thank you!

[Ontarkie 14,115]

1 hour ago, hp_001 said:

We had an interview last November. No decision was issued on our case. I asked for help from my US Senator and US Congressman and Ombudsman office, nothing helps. How long we should wait ideally before filing a WOM? 

My friend told that their lawyer advised to wait for a year at least since USCIS might file motion to dismiss a case, due to them being overwhelmed. 

Thank you!

Last year a judged ruled that 15 months was not long enough to clear background checks. Listen to the lawyer, most recently every case I read about on here is being dismissed. Don't waste your money. 

[hp_001 0]

9 hours ago, Ontarkie said:

Last year a judged ruled that 15 months was not long enough to clear background checks. Listen to the lawyer, most recently every case I read about on here is being dismissed. Don't waste your money. 

It's just some people expedited their cases due to mental health issues, imagine what people going through after already waited for the interview for 7-8 years to wait additional 2-3 years?

My lawyer not an immigration lawyer, they work pro-bono on my case.

[igoyougoduke 1,632]

12 hours ago, Ontarkie said:

Last year a judged ruled that 15 months was not long enough to clear background checks. Listen to the lawyer, most recently every case I read about on here is being dismissed. Don't waste your money. 

Just cause one judge does not think 15 months does not mean its the same in every court. Your odds are higher winning that losing the case.

 

@hp_001.: i recommend filing it 

Edited July 3 by igoyougoduke

[OldUser 5,855]

3 hours ago, hp_001 said:

My lawyer not an immigration lawyer

Then they cannot be called a lawyer? 😊

Edited July 3 by OldUser

[OldUser 5,855]

1 hour ago, igoyougoduke said:

Just cause one judge does not think 15 months does not mean its the same in every court. Your odds are higher winning that losing the case.

 

@hp_001.: i recommend filing it 

The lawyer specializing in WoM on YouTube doesn't file for any cases pending less than 12 months. Maybe he has a reason, given his firm filed thousands of WoM?

Edited July 3 by OldUser

[OldUser 5,855]

3 hours ago, hp_001 said:

It's just some people expedited their cases due to mental health issues, imagine what people going through after already waited for the interview for 7-8 years to wait additional 2-3 years?

 

Immigration is a privilege, not a right.

[igoyougoduke 1,632]

On 7/3/2024 at 11:20 AM, OldUser said:

The lawyer specializing in WoM on YouTube doesn't file for any cases pending less than 12 months. Maybe he has a reason, given his firm filed thousands of WoM?

if i ask 10 lawyers they all will have 10 different opinions of when to file though 

[TBoneTX 44,391]

A noncontributory post has been removed.

[HenryDDD 0]

Hi igoyougoduke, thank you so so so much for the detailed instruction! My I-485 has been processed for 22 months. However, the process time of San Antonio FO is 32 months. Am I qualified for WoM? 

Edited July 9 by HenryDDD

[igoyougoduke 1,632]

On 7/8/2024 at 11:17 PM, HenryDDD said:

Hi igoyougoduke, thank you so so so much for the detailed instruction! My I-485 has been processed for 22 months. However, the process time of San Antonio FO is 32 months. Am I qualified for WoM? 

yes. there is no timeline to file wom

[OldUser 5,855]

4 hours ago, igoyougoduke said:

yes. there is no timeline to file wom

There's great chance WoM would work for a case pending for 20+ months. I wouldn't file it for a case pending less than a year, it would be dismissed most likely. I hope WoM doesn't become an instrument misused to the point it won't be effective anymore.

[igoyougoduke 1,632]

2 hours ago, OldUser said:

There's great chance WoM would work for a case pending for 20+ months. I wouldn't file it for a case pending less than a year, it would be dismissed most likely. I hope WoM doesn't become an instrument misused to the point it won't be effective anymore.

there is no factual information to suppor that. Congress has stipulated USCIS to adjudicate all cases within 90 days of filing. So i dont know where folks get 20+ months data from ... any case pending for more than 3 months has a good chance of getting through .. 

[HarryWhite2 4]

I learned a lot from your post. Thank you very much!

I also found this:

https://assistantwom.github.io/

which provides a detailed tutorial for filing a WOM and helped me successfully file my case. I got a complaint form template there.