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Pending I-485, should I file writ of mandamus

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  • Pending I-485, should I file writ of mandamus

    Hello everybody,

    I am trying to figure out if a filing writ of mandamus
    could help my pending I-485 case, and I would be very
    grateful for any advice:

    Priority date: April 2001
    Filed I-485 EB2: July 2006
    Pending FBI namecheck: since (probably) July 2007
    Congresswoman contacted USCIS and FBI on my case: October 16th 2007.
    Received response on FOIPA request with "no records": November 2nd 2007
    Latest (of the 5) Infopass and USCIS responses: December 21st, still
    pending namecheck.

    I've been living in the US since August 1996, always on legal
    status, always paying taxes, never broke the law.

    Would filing a writ of mandamus be in order now?

    Thanks a lot for the help!

  • #2
    Hello everybody,

    I am trying to figure out if a filing writ of mandamus
    could help my pending I-485 case, and I would be very
    grateful for any advice:

    Priority date: April 2001
    Filed I-485 EB2: July 2006
    Pending FBI namecheck: since (probably) July 2007
    Congresswoman contacted USCIS and FBI on my case: October 16th 2007.
    Received response on FOIPA request with "no records": November 2nd 2007
    Latest (of the 5) Infopass and USCIS responses: December 21st, still
    pending namecheck.

    I've been living in the US since August 1996, always on legal
    status, always paying taxes, never broke the law.

    Would filing a writ of mandamus be in order now?

    Thanks a lot for the help!

    Comment


    • #3
      It may or may not help. No immigration judge can order FBI to clear your case in the post 9/11 world.

      In some cases, though the FBI might have cleared your name, it might have been withheld by USCIS themselves for updating the data. If that is the case, then USCIS may wake up and clear your case immediately! This happened in many cases in the past as well.

      Some also fear that this may create adverse effect by putting spotlight on your application and can create some issues from USCIS.

      Please consult with an immigration attorney and take appropriate action.

      Please visit www.immigrationvoice.org for many such FBI name check pending cases similar to yours.

      All the best!

      Comment


      • #4
        Thanks a lot, Retro. I don't know of any other action I could take to
        help my case. Looks like the mandamus lawsuit would be a last resort (?),
        and people filing it were mostly waiting for a really long time.
        I don't know for how much longer I should wait before filing wom would look
        appropriate.

        Would anybody know of any cases, or the possibility to actually start
        a litigation lawsuit against USCIS and FBI for damages caused by unecessary
        delays in processing the requests submitted to them? After all, they are
        payed from our tax money and it feels at least unfair that they can put
        people's life on hold because of their internal errors and delays.

        many thanks

        Comment


        • #5
          I do understand your pain as I was in the same boat not long ago! Carl Shusterman is a well known proponent of such lawsuits and successfully defended many such cases in the past. His web site is www.shusterman.com.
          All the best in your long haul journey to become a permanent resident.

          Thanks

          Comment



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