igoyougoduke

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 “ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 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.

Yeah its a known issue with extension documents and you never know the type of officer you deal with at POE

it means your interview was only n-400 but they cannot approve n-400 until i-751 can be reviewed. So the idiots at USCIS will now schedule another i-751 interview to do the same nonsense of questions again.. They are absolutely inept at efficiencies.

Have you filed a WOM ?

that is not true at all. WOM is very effective.. America is the land of litigations.

i agree. my kids picked up learning English in a matter of months and they no longer have Russian accent. Parent worry about things that kids dont bother. They have lifetime to make mistakes and this is probably the last thing to worry about language issues

Global entry does not work when i-751 is pending and green card has expired . this is a known fact... did you call global entry on filing i-751 and getting a receipt to update the status ? . global entry does not update as they are not part of USCIS. its your responsibility to inform them

if you are in the country and port of entry had no issues that LPR is valid and they let you in, there should be no issues . absence of over year will break the continuous residency requirements and has nothing to do with LPR abandonment and you will restart n-400 residency requirements. from the day of reentry

you can file as John Doe or Karen if you choose to want to stay anonymous.

funny that USCIS asks for photo and they dont even use them for green card/ EAD photo. they still take one crappy photo at biometrics and use that for EAd/Green card photos

i think what everyone here is saying is that it is now recorded in their system that you overstayed and they have banned you for 10 years. getting a b2 visa will now next to be impossible. waivers are granted on a case by case basis and you can try. folks here are just telling what is high probability of what will happen. there is a chance you might get a waiver but i wouldnt bet my house on it .

come back in 2033 and update us

you dont need a lawyer .wait for the notice from USCIS . file with divorce waiver and gather all documents that your marriage was entered in good faith. nothing to worry here

SSSSS - Suspicious Send Secondary Screening flag

why havent you tried to apply for reentry permit ?

call them and have a conversation. dont listen to people telling you to sue.. you aint getting anything resolved by getting mad at employer.

you can file mandamus on your own. naturalization is a simple case.. it only costs 402$ as court fee. it can be done with some studying of immigration law.

never said its easy. just said it can be done. there are people waiting for 2-3 years to get adjudications. there is a way out of the frustration.

google knows everything about you. lol

https://www.law.cornell.edu/cfr/text/8/216.4 or you can google it

you really dont need a lawyer. you can write in simple English. Dont listen to lawyers. i have filed a mandamus after 90 days of filing my ROC. Court has given USCIS 90 days to adjudicate. each lawyer will have a different story. one firm will say 6 months another will say 12 months and another will say 2 years. what they say is as good as uscis processing time

anyone waiting for more than 90 days for ROC approval should file a mandamus in court. it only cost 400$ but you will get adjudication of case within 4 months once the case is filed in court.. 2 years is a very long time from what congress wrote in immigration bill

you can apply for naturalization on or after July 1st 2023

what about pay stubs for the last 20 years just kidding

here is what it means as per uscis 12 months - your application could be processed in 12 months or 10 months or 9 months or 6 months or 18 months or 36 months or 48 months or 60 months.