Writ of Mandamus guidance

[TastyCake 232]

I would like some guidance from people who have prior experience with the use of a writ of mandamus for immigration purposes.  I don't want amateur responses.  Either an immigration lawyer or someone with firsthand knowledge of the process please.

 

We have now hit the one-year mark for our N400 and TWO-YEAR mark for our I-751 and are now at wit's end.  We're on the cusp of going with a WoM.  This is because the senator's office is about as much help as a bad case of acne and we see others from our local USCIS office in the same exact situation who have been waiting on their N-400 for months longer with no movement.  This whole situation is absolutely ridiculous, unacceptable and inexcusable.

 

It seems if nothing changes we will technically be considered outside normal processing in early December.

 

1) What additional steps should we take before we go the WoM route?  We have made periodic inquiries at the USCIS.  We engaged our senator's office TWICE with nothing coming from it.  Do we first wait until we are outside of normal processing and then get a Tier 2 officer involved?  I want to make sure we lay the proper groundwork as a foundation for a WoM if all else fails (i.e. "Yes, your Honor, we did do X, Y and Z with no movement or results")

 

2) What are the criteria for a WoM to be successful?  What are all the steps to take initially? (maybe this is a repeat of question #1 above)

 

3) We have BOTH an I-751 and N-400 outstanding.  So would this be TWO WoMs?  If a WoM runs circa $5k, would that hit our wallet to the tune of $10k?

 

Thanks in advance for any valuable guidance experienced people can offer us.

 

 

[Liam2021 583]

15 minutes ago, TastyCake said:

one-year mark for our N400 and TWO-YEAR mark for our I-751

For me, I will wait until early next year for any moments of N400. I-751 is a low priority, so it maybe just sitting there. I don't see any reason for you to wasted $5k, $10k. 

Edited October 25, 2023 by Liam2021

[Boiler 45,467]

Just a single WoM.

 

A year now and they are usually given 3 months to get it done, so that is say 15 months and no Judge is going to say waiting that long is reasonable.

 

Hacking has his show on YT this afternoon I think 2pm your time, call in and ask?

[jackiegringa 419]

@igoyougoduke has done it and also wrote a guide in case you missed it, there's also another example of a successful WoM in the comments of this thread as well

 

 

[Boiler 45,467]

 

 

[Timona 4,207]

@USCISisJoke might help you. See his post earlier today 

[Cathi 5,747]

10 hours ago, TastyCake said:

 Either an immigration lawyer or someone with firsthand knowledge of the process please.

 

 

Immigration lawyers don't hang around this site giving free advice.

[Bob in Boston 701]

4 minutes ago, Cathi said:

10 hours ago, TastyCake said:

 Either an immigration lawyer or someone with firsthand knowledge of the process please.

 

 

Immigration lawyers don't hang around this site giving free advice.

They should though, might learn a few things.

[igoyougoduke 1,656]

Iam here and have experience in DIY mandamaus . Holler over your questions 

 

1) What additional steps should we take before we go the WoM route?  We have made periodic inquiries at the USCIS.  We engaged our senator's office TWICE with nothing coming from it.  Do we first wait until we are outside of normal processing and then get a Tier 2 officer involved?  I want to make sure we lay the proper groundwork as a foundation for a WoM if all else fails (i.e. "Yes, your Honor, we did do X, Y and Z with no movement or results").

 

Senators office is useless( in my opinion). you can file a mandamus as long as it has been 90 days from the day of filing of your petitions. . Your case is will over normal processing time. I wouldnt wait..

 

2) What are the criteria for a WoM to be successful?  What are all the steps to take initially? (maybe this is a repeat of question #1 above) its like an argument where you are telling the court why they should intervene to force USCIS to make a decision.  You can simply say " as per immigration law , Congress has ordered USCIS to adjudicate all immigration petitions within 90 days of filing( google about immigration law of 1992). As per your case your petition is pending for more than 1 year and you request courts to intervene blah blah blah

 

 

 

3) We have BOTH an I-751 and N-400 outstanding.  So would this be TWO WoMs?  If a WoM runs circa $5k, would that hit our wallet to the tune of $10k?

 

WOM filing fee in court is $402 and a couple of weeks of your research work. You need a computer and printer and some stamps to post the case . See my post about DIY wom. if you need more assistance DM me . You can file both cases in one wom. you dont need two WOM's 

 

10 hours ago, TastyCake said:

I would like some guidance from people who have prior experience with the use of a writ of mandamus for immigration purposes.  I don't want amateur responses.  Either an immigration lawyer or someone with firsthand knowledge of the process please.

 

We have now hit the one-year mark for our N400 and TWO-YEAR mark for our I-751 and are now at wit's end.  We're on the cusp of going with a WoM.  This is because the senator's office is about as much help as a bad case of acne and we see others from our local USCIS office in the same exact situation who have been waiting on their N-400 for months longer with no movement.  This whole situation is absolutely ridiculous, unacceptable and inexcusable.

 

It seems if nothing changes we will technically be considered outside normal processing in early December.

 

1) What additional steps should we take before we go the WoM route?  We have made periodic inquiries at the USCIS.  We engaged our senator's office TWICE with nothing coming from it.  Do we first wait until we are outside of normal processing and then get a Tier 2 officer involved?  I want to make sure we lay the proper groundwork as a foundation for a WoM if all else fails (i.e. "Yes, your Honor, we did do X, Y and Z with no movement or results")

 

2) What are the criteria for a WoM to be successful?  What are all the steps to take initially? (maybe this is a repeat of question #1 above)

 

3) We have BOTH an I-751 and N-400 outstanding.  So would this be TWO WoMs?  If a WoM runs circa $5k, would that hit our wallet to the tune of $10k?

 

Thanks in advance for any valuable guidance experienced people can offer us.

 

 

 

[igoyougoduke 1,656]

30 minutes ago, Bob in Boston said:

They should though, might learn a few things.

its a billion dollar industry. i dont blame them not hanging out in the chat section if visa journey 😄

[SalishSea 17,819]

13 hours ago, TastyCake said:

I don't want amateur responses.  Either an immigration lawyer or someone with firsthand knowledge of the process please.

In other words:  anyone who is not a $400/hour immigration lawyer killing time on a free DIY visa website, need not respond.   Got it 🤣

[TastyCake 232]

3 hours ago, igoyougoduke said:

Iam here and have experience in DIY mandamaus . Holler over your questions 

 

1) What additional steps should we take before we go the WoM route?  We have made periodic inquiries at the USCIS.  We engaged our senator's office TWICE with nothing coming from it.  Do we first wait until we are outside of normal processing and then get a Tier 2 officer involved?  I want to make sure we lay the proper groundwork as a foundation for a WoM if all else fails (i.e. "Yes, your Honor, we did do X, Y and Z with no movement or results").

 

Senators office is useless( in my opinion). you can file a mandamus as long as it has been 90 days from the day of filing of your petitions. . Your case is will over normal processing time. I wouldnt wait..

 

2) What are the criteria for a WoM to be successful?  What are all the steps to take initially? (maybe this is a repeat of question #1 above) its like an argument where you are telling the court why they should intervene to force USCIS to make a decision.  You can simply say " as per immigration law , Congress has ordered USCIS to adjudicate all immigration petitions within 90 days of filing( google about immigration law of 1992). As per your case your petition is pending for more than 1 year and you request courts to intervene blah blah blah

 

 

 

3) We have BOTH an I-751 and N-400 outstanding.  So would this be TWO WoMs?  If a WoM runs circa $5k, would that hit our wallet to the tune of $10k?

 

WOM filing fee in court is $402 and a couple of weeks of your research work. You need a computer and printer and some stamps to post the case . See my post about DIY wom. if you need more assistance DM me . You can file both cases in one wom. you dont need two WOM's 

 

 

 

Thanks for the feedback! I will DM you soon as I have some follow-up questions. And yes, a senator's office is of NO value. Civil servants... meh!

 

Thanks to all who offered helpful responses (of which there were several) in this thread. It made up for the white noise of others.

 

Mike E:  Appreciate your perspective via DM.

[Mia99 0]

Hi, my understanding is that a single N-400 case outside the 120 days after the interview, this course of action might actually work. However when there is a pending I-751, in general a person can apply for N-400 but it will not be approved until I-751 is approved, and right now it takes around 2+ years to be approved. I don't think someone can apply for I-751 and then apply for N-400 to force I-751 to be resolved. Maybe consulting with an experienced lawyer might be helpful.

Edited October 31, 2023 by Mia99

[Rich Kem 3]

On 10/25/2023 at 8:06 PM, igoyougoduke said:

90 days of filing( google about immigration law of 1992)

 

could you share 90 days law? I was not able to find it. thanks 

[Olga&Jared 267]

15 hours ago, Mia99 said:

Hi, my understanding is that a single N-400 case outside the 120 days after the interview, this course of action might actually work. However when there is a pending I-751, in general a person can apply for N-400 but it will not be approved until I-751 is approved, and right now it takes around 2+ years to be approved. I don't think someone can apply for I-751 and then apply for N-400 to force I-751 to be resolved. Maybe consulting with an experienced lawyer might be helpful.

Well, people apply for N-400 not necessarily to speed things up but because they become eligible. Just because USCIS can't process things in some adequate amounts of time (I think anything over  18 months is inadequate) it doesn't mean people shouldn't go for it. It's true that local offices end up having more pressure to deal with I-751 cases but again, it's a beast of their own creation. There're already very minimal actions applicants can do to influence their case destiny, so not being able to sue them in situations like author is facing is ridiculous. 

 

I'm currently in this 120 wait post N-400 + I-751 interview, and my I-751 has been pending for 2 years. If I don't hear anything within this timeframe, Mandamus it is. Because what else?