Writ of Mandamus..

[gogo 6]

time for bullshit to be over.. last time I found some information on how to do it.. can someone please help me look? I am tired of all their excuses (no more security checks on my case -- letter straight from FBI Records Management Division sent to my home), also the processing times are in "AUGUST" now.. so that means the backlog is over, right?? That means they should have no more excuses..

Also, seems like they are having with a article posted by New York Times.. maybe we can contact NY Times with our problems and show it to the world..

Thanks

Edited March 21, 2008 by gogo

[YuAndDan 153]

What is your status? Your timeline shows I-129F NOA1 last June. Are you still waiting for USCIS to approve the I-130/I-129F?

Typically people file Writ of Mandamus when FBI is taking an unresonably long time on Adjustment of Status name check for the green-card.

[little white guy 0]

What is your status? Your timeline shows I-129F NOA1 last June. Are you still waiting for USCIS to approve the I-130/I-129F?

Typically people file Writ of Mandamus when FBI is taking an unresonably long time on Adjustment of Status name check for the green-card.

Don't know if helps but found this on the Writ subject.

View Full Version : Writ of Mandamus Options for FBI namecheck

Note this part

Citizenship cases

--------------------------------------------------------------------------------

logiclife06-08-2006, 11:10 AM

Here is a brief description of Lawyer's opinion that we heard on a conference call arranged by IV and Randall Emery of American Families United on June 7th.

These notes below were prepared by Randall after the conference call.

JOIN THIS GROUP

To join a group of individuals and co ordinate efforts, go to this thread and signup :FBI name check delays signup (http://immigrationvoice.org/forum/showthread.php?t=898)

Also, there is a Yahoogroups group called namechecktracker created for communicating and co-ordinating. There are nearly 100 members stuck in name check delays of 485 filing.

Notes based on yesterday's conference call:

This is only notes prepared based on legal opinion of a lawyer who specializes in Writ of Mandamus cases against the USCIS for citizenship cases as well as family based and employment based greencards. This most not be construed as any kind of attorney client relationship.

- Priority Dates and Writ of Mandamus:

In employment based immigration cases, if your priority date is not current then the chances of success by filing writ of mandamus are negligible. To have a successful Writ of Mandamus, you need to have your priority date current. Otherwise the USCIS will respond to WoM by saying that the case is not actionable and a decision cannot be made until the case becomes current per visa bulletin.

- Your Case:

A writ of mandamus is best for clean cases (where there are no

criminal arrests, or more importantly, convictions) because a writ of

mandamus only compels the government to make a decision; it does not

say what the decision should be

- How long have you been waiting whether to pursue a writ of mandamus depends on how long you have

been waiting on your case (and for employment based cases, if your

priority date is current). Rule of thumb: waiting less than 1 year -

not advised unless continued wait would cause harm; 1 - 2 years -

should consider WOM; 2+ years - it's time to file

-Possibility of Class action because of the individual nature of a writ of mandamus (as noted in

the above 2 points), and because of the difficulty in getting a

national jurisdiction, WOM does not easily lend itself to a class

action; Joe Hohenstein(Orlow and Orlow) will follow up on this in more detail at the American

Immigration Lawyer's Association (AILA) convention later this month

and get back in touch with Jay or myself

- Citizenship cases if you are applying for citizenship, you have a stronger option than

writ of mandamus, called a peitition for declatory judgement, where

you can argue not just for a judgement but for an approval of your

case as well; in addition, when applying for citizenship, there is a

hard and fast rule vs. the rule of thumb for WOM -- with citizenship,

you should definately file after 120 days

- why WoM works when you file a WOM, it is embarassing for the government, and they

do not want have the courts examine their decision making process; in

many cases, if they get a letter from a law firm that they know will

file in federal court one month later, they will often process the

case; a successful WOM is settled before going to court

- Court appearances you do not have to appear personally in court when you file a writ

of mandamus 99.9% of the time. Joe said he is yet to see a case where the client had to go to court with lawyer and argue WoM case.

- typical cost: between $1,500 to $2,000, plus filing fees of about $400

- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients

in the Northeast. Joe can take individual emails at joe@orlow.com;

because there may be a lot of emails, please allow for a delay in the

response. If the questions are get to be more detailed, he would talk

about treating them as an initial consultation, which is $100.

What can be done collectively:

The issue with

name checks is not funding, but an institutional culture that believes

that our issues are unimportant and that should not be addressed

because it might impact the ability to find the "needle in the

haystack" threat to security. What is needed to combat this is to

debunk this argument, so our collective efforts might focus on working

with non-profits to study this issue in more detail, as well as

identify members of Congress who might help.

[Muñequita 0]

Didn't you go to a local field app and the guy there approved your petitions? i thought i read that... I don't understand what is happening to you.

I'm very sorry

Good lck

[gogo 6]

yeah, still waiting for our decision from last June for I-129F, and last April for I-130... went through local office interview (they said it looks good, and I will get approval notice in 10 days) on February 21.. called back March 10, and still nothing.. they said that they sent the app from the local office to CSC on 2/22.. and that they sent a letter out on 2/27 to my home regarding transfer notice.. (but still never received that)..

3/10/2008 still not approved.. all they did was sent a transfer notice (2/22 transferred back to CSC).. still no approval yet.. it's been like this : transfer to CSC => NBC => CSC => Local office => NBC => Local Office => and now back to CSC...

also went for expedite request on 3/13.. they said they will get back in 5 days.. 3/18 , received email saying "request will be sent for review" (don't know what that means exactly).. they said my case is under "additional review"..

Also, received letter from FBI stating no security checks have been done on my case.. originally sent in January 2008 to President Bush, forwarded to Dept of Justice, forwarded to FBI.. FBI Records Management Division..

thanks little white guy =)

yes I have been waiting 341 days from 4/16/2007 (Priority Date of I-130) , and 285 days from 6/11/2007 (Priority date of I-129F)

Edited March 21, 2008 by gogo

[gogo 6]

for those that haven't followed my case so far..

http://www.visajourney.com/forums/index.ph...p;#entry1648963

[Muñequita 0]

I'm so sorry that this is happening to you :-(

[Mohgli 0]

time for bullshit to be over.. last time I found some information on how to do it.. can someone please help me look? I am tired of all their excuses (no more security checks on my case -- letter straight from FBI Records Management Division sent to my home), also the processing times are in "AUGUST" now.. so that means the backlog is over, right?? That means they should have no more excuses..

Also, seems like they are having with a article posted by New York Times.. maybe we can contact NY Times with our problems and show it to the world..

Thanks

goto www.immigrationportal.com for more details.

there are good number of successful applicants there.

[Mohgli 0]

time for bullshit to be over.. last time I found some information on how to do it.. can someone please help me look? I am tired of all their excuses (no more security checks on my case -- letter straight from FBI Records Management Division sent to my home), also the processing times are in "AUGUST" now.. so that means the backlog is over, right?? That means they should have no more excuses..

Also, seems like they are having with a article posted by New York Times.. maybe we can contact NY Times with our problems and show it to the world..

Thanks

goto www.immigrationportal.com for more details.

there are good number of successful applicants there.

http://immigrationportal.com/showthread.ph...094#post1838094

[Juan Carlos 0]

Hello, Gogo,

As you know I am following your footsteps. Two days ago I learned my case is under Security Check. It's been enough to lose all my sleep. You have no idea how hard it was to give this notice to my wife. But I am prepared to go all the way with this process... no matter how long it takes. 5 years? I am ready!! (of course, I won't complain if it gets solved in weeks).

I've been reading a lot about the Writ of Mandamus. I don't remember exactly where, but I read USCIS Security Checks are different from FBI checks. For one thing, they don't have your biometric data (never took fingerprints). So that could be the reason why the FBI tells you no one has requested information about you, yet you are under "Security Checks".

I found a couple of lawyers on the internet who claim to have experience in Writ of Mandamus:

http://www.smossmanlaw.com/delays.html (I already sent an email to this one. I'll let you know how it goes)

http://www.immigrationlawsuits.com/writofmandamus.html

About the steps I will take...

1. Last February sent letter to my senator (no response)

2. March 20th sent letter to Congressman

3. March 25th have call with lawyer

4. March 25th depending on how call goes with lawyer, I may send letter to Ombudsman, First Lady, President and Presidential candidates

5. April 20th Call CSC again to find status of case

6. May 20th Call CSC again. Hopefully by then I should have a response from the Senador / congressman / anyone

7. Early June. 1year anniversary of my case. WOM?

Any other ideas?

[gogo 6]

Thanks for all the information guys!! very helpful on the writ of mandamus.. I sent more faxes this week, so hopefully they will do something again.. My latest stuff is I sent an expedite request on 3/13.. they said they will follow up in 5 days.. on 3/18, I received an email stating they are "requesting the case for review".. so the officer told me to wait another 30 days.. so it will be probably 4/18 before I hear something back..

Juan Carlos, I think the information you are referring to about the "security checks" is here..?

http://usaimmigrationattorney.com/Security...tiveReview.html

=====

At USCIS (Homeland Security Department) stage, currently, NCIC, IBIS and NIIS database checks are done, with the option, if warranted, to do additional database checks.

At National Visa Center (State Department) stage, a separate independent NCIC database check is done by in-house FBI staff in connection with information supplied in the DS-230. Based on results, NVC has the option to request full fingerprints to be taken at post. NVC checks can usually be completed in 24 hours. In some limited cases involving high-risk visa applicants meeting certain specific criteria, NVC also does Security Advisory Opinions (SOAs) before sending the file to Consular Post.

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)

[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

=======

problem is I am still under the 1st CHECK.. USCIS stage.. these are just database checks (name checks) , I think.. the NVC Check is the FBI Name check??.. man, so there are so many checks to go through.. still on the 1st one..

Edited March 24, 2008 by gogo