Should I do nothing? Or Mandamus..

[Cirkul 15]

On 8/21/2024 at 2:16 PM, TiffAndMike said:

Pretty sad it's costing you 6k to get USCIS to do a job you paid them to do.

I agree.  My lawyer said it's a bunch of BS. He didn't abbreviate the expression.

Edited August 22 by Cirkul

[Cirkul 15]

I might add there is a person on this thread that said my petition may be denied due to being in background checks. From what I have read this usually happens at the NVC level, and also why FBI will be served.I believe FBI is the problem

 

My lawyer has never seen a case outright denied as stated.Still, the comment does scare me. I hope this thread helps others that are in my position. I hope for good news in the next 6 weeks. There is a lot of conflicting information here about a WOM.

Edited August 23 by Cirkul

[Lemonslice 4,836]

I think you might also want to ask others petitioners who had their background double/triple checked for arrests related to AWA about their timelines.  Your earlier post is a good read for those wondering why your background check might be taking longer. 

 

 

[Cirkul 15]

Thank you. I fully expect my case to be approved and I hope this thread can be a guideline. Give me six weeks. I will update 

[TiffAndMike 54]

21 hours ago, Cirkul said:

I agree.  My lawyer said it's a bunch of BS. He didn't abbreviate the expression.

The USCIS just needs to be sued. Everyone needs to just ban together and sue them in a class action lawsuit.

 

They are getting beyond ridiculous with their processing times and putting all other petitions first. 

 

16 Republican lead states just filed a law suit on the Biden administration and the head of homeland security over their latest "parole in place" program for illegal spouses of citizens scheme.

 

 

I actually just got off the phone with my states attorney general's office, talking to them about how every time a new "parole in place" scheme comes into play, our processing times go up even further. 

 

The funny and sad thing about this is I wasn't the first person to call them today saying the exact same thing.

 

I asked to see  if my state can sue USCIS on behalf of us because of the way they keep doing us, cause at this point, it's gonna take 5 years to get any of our petitions approved.  They aren't allowed to disclose what lawsuits they intend to file, so they couldn't tell me a yes or a no on this.  

 

If you live in one of those 16 states that likes to sue the federal government, contact your attorney generals office and be very vocal about this. 

 

 

[Cirkul 15]

4 hours ago, TiffAndMike said:

The USCIS just needs to be sued. Everyone needs to just ban together and sue them in a class action lawsuit.

 

They are getting beyond ridiculous with their processing times and putting all other petitions first. 

 

16 Republican lead states just filed a law suit on the Biden administration and the head of homeland security over their latest "parole in place" program for illegal spouses of citizens scheme.

 

 

I actually just got off the phone with my states attorney general's office, talking to them about how every time a new "parole in place" scheme comes into play, our processing times go up even further. 

 

The funny and sad thing about this is I wasn't the first person to call them today saying the exact same thing.

 

I asked to see  if my state can sue USCIS on behalf of us because of the way they keep doing us, cause at this point, it's gonna take 5 years to get any of our petitions approved.  They aren't allowed to disclose what lawsuits they intend to file, so they couldn't tell me a yes or a no on this.  

 

If you live in one of those 16 states that likes to sue the federal government, contact your attorney generals office and be very vocal about this. 

 

 

You are preaching to the choir. Unfortunately the government has a lot more money than us even if we all sued. We would be drowned in attorney's fees. 100% certain I don't live in one of those 16 states.

Edited August 24 by Cirkul

[Cirkul 15]

Can anyone touch on the scenario that USCIS will simply deny my case because it is stuck in backgrounds? Would they not reach out to my lawyer first?

Edited September 24 by Cirkul

[OldUser 6,635]

2 hours ago, Cirkul said:

Can anyone touch on the scenario that USCIS will simply deny my case because it is stuck in backgrounds? Would they not reach out to my lawyer first?

It's also possible USCIS would never give you a decision so you give up. Unlikely, but this happens in some rare cases.

Edited September 24 by OldUser

[Family 3,988]

3 hours ago, Cirkul said:

Can anyone touch on the scenario that USCIS will simply deny my case because it is stuck in backgrounds? Would they not reach out to my lawyer first?

Your WOM will not get your case moving .
 

They will dismiss the WOM and your case will still wait for Service Center to make a determination and then they will need to send it VSC /Vermont …where it will again wait and wait.
 

I am not shocked your attorney talked you into it…he wanted to make the $$…but hiring him was a costly mistake since he straight out told you he has no AWA experience ( w NOIDS or presenting a compelling case from the outset). 
 

Tell him, I call BS on his WOM and he should at least refund half ($3K)

 

He would have best served you by supplementing additional evidence for a probable No Risk determination.

Until @Lemonslice linked your previous post related to past AWA charges , I presumed it was just a simple “stuck” case. It is not , and there is no “ normal “ processing timeline for it. 
 

FBI is not holding you up…by the way. 
 

https://www.uscis.gov/sites/default/files/document/legal-docs/guidance-adam-walsh-act-petitions.pdf

 

 

[Family 3,988]

1 hour ago, OldUser said:

It's also possible USCIS would never give you a decision so you give up. Unlikely, but this happens in some rare cases.

Agreed …though for anything AWA , I believe it’s common .

[Cirkul 15]

My initial description of my lawyer was 100 percent wrong. At the time of my first ever thread here, I was quite panicked.

 

We spoke at length about the WOM.I had not realized how smart and aggressive he actually was until I had a lengthy phone call with him. 

 

I was not coerced into paying him the money. He has done around a dozen WOMS this year. That was in August when we agreed to it. It's been nearly 4 weeks, so that tells me they are trying build a very good case. My case had been at VSC for over a year. I've been married to my wife for 29 months and filed the petition a month after marriage.

 

My father passed away a day after my marriage. My mother has been a wreck ever since, and I KNOW my wife would bring a lot of joy into her life. They are quite the video call duo. That is why I am trying to make things move. I am also not getting any younger and I want a family of my own with my precious wife.

 

Additionally, it has been said in this forum that prosecutors usually dismiss sexual cases because of problems with their states case. Well, I am here to tell you that their problem was that I was innocent! I have no criminal convictions for ANY crime which is why I find it absolutely ridiculous that USCIS are putting my mother, myself, and my wife through this BS!! We are going on three years now!

 

As for the FBI, I can only speculate. The first two times I returned from the Philippines I was flagged by CBP for secondary inspections. The first time they didn't really know why. The checked my bags and sent me on my way. The second time I ended up with senior officer and he indicated there were agencies not communicating accurately at either the state or federal level. He did not specify. I have never been stopped at a POE since that senior officer made some changes to whatever it was. My defense attorney said many of his clients that have had charges get dismissed have had problems with CBP as well. He believes that there some miscommunication between the various government agencies.

 

Sorry for the fiery nature of this post but I have just had it.... I just want my wife with me.

Edited September 24 by Cirkul

[Willie_Overall 24]

On 9/24/2024 at 2:34 PM, Cirkul said:

My initial description of my lawyer was 100 percent wrong. At the time of my first ever thread here, I was quite panicked.

 

We spoke at length about the WOM.I had not realized how smart and aggressive he actually was until I had a lengthy phone call with him. 

 

I was not coerced into paying him the money. He has done around a dozen WOMS this year. That was in August when we agreed to it. It's been nearly 4 weeks, so that tells me they are trying build a very good case. My case had been at VSC for over a year. I've been married to my wife for 29 months and filed the petition a month after marriage.

 

My father passed away a day after my marriage. My mother has been a wreck ever since, and I KNOW my wife would bring a lot of joy into her life. They are quite the video call duo. That is why I am trying to make things move. I am also not getting any younger and I want a family of my own with my precious wife.

 

Additionally, it has been said in this forum that prosecutors usually dismiss sexual cases because of problems with their states case. Well, I am here to tell you that their problem was that I was innocent! I have no criminal convictions for ANY crime which is why I find it absolutely ridiculous that USCIS are putting my mother, myself, and my wife through this BS!! We are going on three years now!

 

As for the FBI, I can only speculate. The first two times I returned from the Philippines I was flagged by CBP for secondary inspections. The first time they didn't really know why. The checked my bags and sent me on my way. The second time I ended up with senior officer and he indicated there were agencies not communicating accurately at either the state or federal level. He did not specify. I have never been stopped at a POE since that senior officer made some changes to whatever it was. My defense attorney said many of his clients that have had charges get dismissed have had problems with CBP as well. He believes that there some miscommunication between the various government agencies.

 

Sorry for the fiery nature of this post but I have just had it.... I just want my wife with me.

 

Sorry to hear all of that, man.

 

Any updates? It should be around 60 or more days since you filed the WoM by now.

[Cirkul 15]

3 minutes ago, Willie_Overall said:

 

Sorry to hear all of that, man.

 

Any updates? It should be around 60 or more days since you filed the WoM by now.

Good afternoon.

 

It took a long time for the WOM to get prepared, and then filed and served. 6 Government Defendants were all very recently served via Certified Mail. There have been some positive changes on my USCIS account. I am unsure if the WOM is the cause.

[Willie_Overall 24]

2 minutes ago, Cirkul said:

Good afternoon.

 

It took a long time for the WOM to get prepared, and then filed and served. 6 Government Defendants were all very recently served via Certified Mail. There have been some positive changes on my USCIS account. I am unsure if the WOM is the cause.

 

Glad to hear that things are starting to move for you! Definitely keep us posted if and when your USCIS case is finally resolved.

[Cirkul 15]

WoM successful...to an extent. I believe they are sending me an RFE.