How to file a Mandamus in Federal Court

[igoyougoduke 1,653]

3 minutes ago, Willie_Overall said:

What do you think about filing a Mandamus suit because the wait for an interview is too long?

 

My wife's embassy has become a disaster over the past year and doesn't seem to be interviewing anybody for CR1/IR1 visas. Any time someone messages them, they just lie to them and say that there is no backlog and NVC is simply not sending them cases (NVC says the embassy isn't requesting cases).

What is your case timelines ?

[Willie_Overall 24]

2 minutes ago, igoyougoduke said:

What is your case timelines ?

PD: Jul 2022
DQ: Aug 2023

[OldUser 6,586]

51 minutes ago, Willie_Overall said:

What do you think about filing a Mandamus suit because the wait for an interview is too long?

 

My wife's embassy has become a disaster over the past year and doesn't seem to be interviewing anybody for CR1/IR1 visas. Any time someone messages them, they just lie to them and say that there is no backlog and NVC is simply not sending them cases (NVC says the embassy isn't requesting cases).

If nobody gets interviewed, then WoM won't help. It usually helps if one's case is delayed compared to everybody else.

[Willie_Overall 24]

1 minute ago, OldUser said:

If nobody gets interviewed, then WoM won't help. It usually helps if one's case is delayed compared to everybody else.

Wouldn't a WoM force them to complete some kind of action though?

[OldUser 6,586]

4 minutes ago, Willie_Overall said:

Wouldn't a WoM force them to complete some kind of action though?

If they have a good enough excuse, the WoM can get dismissed.

[Willie_Overall 24]

Just now, OldUser said:

If they have a good enough excuse, the WoM can get dismissed.

Okay thanks.

[OldUser 6,586]

1 minute ago, Willie_Overall said:

Okay thanks.

Can your wife interview at some other embassy? 

[Willie_Overall 24]

Just now, OldUser said:

Can your wife interview at some other embassy? 

I could think of a few scenarios where we could make that happen, yes.

 

Is switching embassies an easy process? How would we go about doing that?

 

Thanks for the advice!

[OldUser 6,586]

13 minutes ago, Willie_Overall said:

I could think of a few scenarios where we could make that happen, yes.

 

Is switching embassies an easy process? How would we go about doing that?

 

Thanks for the advice!

No it's not an easy process, but seems like you don't have many options.

[Willie_Overall 24]

1 minute ago, OldUser said:

No it's not an easy process, but seems like you don't have many options.

Okay thanks.

[igoyougoduke 1,653]

4 hours ago, Willie_Overall said:

PD: Jul 2022
DQ: Aug 2023

what country ? you need to provide details why they are not interviewing. 

[Willie_Overall 24]

2 minutes ago, igoyougoduke said:

what country ? you need to provide details why they are not interviewing. 

Philippines.

 

I have no idea why they aren't interviewing, it's a big issue for a lot of people. They don't seem to have sent out interview letters since June (and that seemed to have happened due to pressure from a congressman). That congressman was told that there was a glitch where NVC doesn't send Manila documents and Manila doesn't request them. This supposed glitch was supposed to be fixed by this year, but here we are.

 

Whenever people email the embassy, they respond with a canned response, stating they are up to date and there is no backlog.

 

It's not clear what's going on since they ran mostly normally until early 2023.

[igoyougoduke 1,653]

3 hours ago, Willie_Overall said:

Philippines.

 

I have no idea why they aren't interviewing, it's a big issue for a lot of people. They don't seem to have sent out interview letters since June (and that seemed to have happened due to pressure from a congressman). That congressman was told that there was a glitch where NVC doesn't send Manila documents and Manila doesn't request them. This supposed glitch was supposed to be fixed by this year, but here we are.

 

Whenever people email the embassy, they respond with a canned response, stating they are up to date and there is no backlog.

 

It's not clear what's going on since they ran mostly normally until early 2023.

if the consulate is not interview, i dont see a WOM value. if you file is being punted by NVC and consulate and delaying your case, i see value in filing WOM. 

[Faraz Hanif 1]

On 4/30/2023 at 6:06 PM, igoyougoduke said:

What is a Mandamus ?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) 

 

 

Here is the basic essence of wom process :

 

Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.

 

The complaint will need the following information

1) Nature of the Complaint:

 

You can write the complaint in simple English using the above template document and asking for something like below :

 

Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751)  with  receipt number  WAC21900XXXX  and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate  hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.

 

2) Second part is jurisdiction in the compliant .

 

You can says that the court has jurisdiction cause you live there as per  8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district  you reside if the defendant is a United States officer

 

3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)

 

So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision  on your case in. 90/120/150 days “

 

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Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below 

 

You talk about the i-131/i-485/i-751 Petition you filed .  You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1)  you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . 

 

Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress  has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition 

 

To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12)  and failed to adjudicate your case as set by Congress.

 

4) Last part of the complaint is relief

 

This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end

 

That is the end of complaint and your mandamus (Writ of Mandamus) 

 

It should be about 4-5 pages max

 

5) Attachments 

You attach a print out of your i-131/485/751 receipt, green card( if applicable)  , USCIS processing time print out from USCIS.gov website

 

Along with complaint you need the following 

1) civil cover sheet 

2) summons

 

 

Here is a

link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )

link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )

 

 

Step 2: Filing the complaint with court:

 

Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court

 

Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons

 

Make a check for 402$ for filing fee

 

Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions

 

So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. 

 

Step 3 Serving the Complaint to defendants (USCIS/DHS) : 

So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court

 

So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court

 

Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC

 

Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers 

 

Address for US attorney can be obtained by calling your local us attorney office

 

USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485

 

Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001

 

So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS

 

The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate. 

We filed the lawsuit 2 weeks ago. 

Our case was expedited because of my medical problems. My Wifes interview went well but for no reason they told her to fill out form ds5535. On the form it only asked for her brothers and I’s names and date of births and her travel and employment history (she has none!!!!!) it should not be taking this long. 

And the fact that they know what we are going through as they expedited our case and its been 8 months…. This delay has been making our lives so much harder then it already is.

[Crazy Cat 41,770]

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