igoyougoduke

Honestly no one is going to do that. Good luck and let us know if you find one..

Here you go https://www.visajourney.com/forums/topic/799745-how-to-file-a-mandamus-in-federal-court/

Your dont need a lawyer. Your case is straight forward to file a mandamus. I posted details about how to file mandamus in court by yourself https://www.visajourney.com/forums/topic/799745-how-to-file-a-mandamus-in-federal-court/ Jesus christ - 7 years.

Yes H1b is dual intent. As long as she has a job with an employer you can enter on h1b and later adjust status when the law allows

follow the instructions in the RFE

next time take a photocopy of everything you send or scan all the pages of documents for records

at the end of day it does not matter who the admin. The question is will your application gets picked up in the random USCIS adjudication process or not. everything else is just picking

dont see any issues in your case. just make sure to file all paper work correctly change address with usics asap by filing AR-11

or fly into canada. cross the border via road

First step: 1) File for divorce 2)Cancel all credit cards 3) Cut all contact. 4) Find a new girl friend 5) Document all contacts and all messages/ pictures/videos . They are your evidence. 6) if she already has green card, there is not much you can do. it is what it is and move on. They are lots of single women waiting for you on the other side Number 3 is most important.

San Francisco is know for being it too slow.. File it and get it done. 2 years wait is pretty solid time for i-751 not being adjudicated.

https://www.law.cornell.edu/cfr/text/8/chapter-I/subchapter-B

yeah i just read OP's case timelines. October filing for WOM is too soon. AP for Iranian folks is normal due to country of origin. expecting USCIS to complete AP in a month is also not normal. I would wait another 3-4 months in this case before filing.

These statements are not correct. There is no timeline for USCIS to adjudicate but congress has give guidelines for USCIS to adjudicate all petitions within 90/180 days from the day of filing. Hacking is just giving the 1 year timeframe cause they think it a strong case for winning. It is not the truth. The truth is one can file a mandamus 90 days after filing of application and the application is still pending. 180 days is clear cut timeline but 90 days is to start filing.

unless its a private teacher position or college teacher position than you need to apply for jobs and interview. Google is your friend. there is no one source for h1b teacher jobs

there is no stamp given when extension letter is valid

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

who ever is the applicant and has pending petition with USCIS should file the case

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

it can take anywhere from 1 - 6 months for approval to arrive

1) you can change employer but you won't be able to port to another employer unless 180 days has passed after 485 filing. 2) you dont have to file i-485 if you are not ready. its as simple as that. j

2) Attorney general of united states 3) DHS and USCIS are part of same umberlla office. you can serve DHS or USCIS . does not matter cause serving USCIS is optional. As long as 1 and 2 are served it is good. 3 is courtesy.

some of you have been waiting to get your I-751 adjudication for a long time . So here iam adding the previous post about how to file a Mandamus in Federal Court. See the post attached here should you want to file a mandamus in Federal court. It will cost you $402 to file the lawsuit in federal court and get your i-751 adjudicated in about 60-90 days from the day of filing with court. i have also attached a sample case of I-751 mandamus for reference. Read about it and ask questions . i will be happy to help those that are looking to DIY . you can use the content of sample case and change personal information that apply to your i-751 case i-751 sample case Writ of Mandamus (1).pdf

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.