Announcement

Collapse
No announcement yet.

I-485 Writ of Mandamus - Court Orders USCIS to Show Cause...

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I-485 Writ of Mandamus - Court Orders USCIS to Show Cause...

    My wife and I recently filed a WOM with the Southern District of Florida to try to get the USCIS to make a decision on her I-485. The court has ordered the govenment to show cause as to why the WOM should not be granted. To anyone with insight into these matters...is this a standard procedure? The court also ordered a hearing be set 60 days post our initial filing.

  • #2
    My wife and I recently filed a WOM with the Southern District of Florida to try to get the USCIS to make a decision on her I-485. The court has ordered the govenment to show cause as to why the WOM should not be granted. To anyone with insight into these matters...is this a standard procedure? The court also ordered a hearing be set 60 days post our initial filing.

    Comment


    • #3
      Standard -- just Court telling Immigration to respond to your Mandamus filing.

      Comment


      • #4
        Thanks KMc...

        With all the trash talk about the USCIS fighting Writs of Mandamus, I wanted to make sure I was prepared!

        Comment


        • #5
          Its actually not all trash!!! But do make sure ur prepared for everything.

          Comment


          • #6
            NFTD3,

            I know what you are saying. I am taking seriously this change in the government's posture when reacting to Writs of Mandamus. However, the facts surrounding these types of cases remain.

            Gonzales' own words during the press conference on the increase of fees, illustrates that the FBI background checks are not fully funded by the USCIS. A government department that is self-funded and poorly so.

            These delays are simply about resources and how the authorities manage the process.

            Anyone who had to stand in line in Miami, just to talk to an officer can realize that this department is undermanned and under funded. It is all about money.

            Keep in mind, the Writ of Mandamus is not a guarantee of a positive outcome. We are simply expediting the inevitable. We are not asking the court to do the work of the USCIS, we are asking the court to raise the level of awareness to those who can act and make a decision.

            Please, all of us need to remember, for every immigrant filing to adjust status based on family, there is a US citizen affected by these delays as well. My country owes me an answer. If they want to fight, I'll fight. All of us should.

            Comment


            • #7
              Ok...The USCIS has submitted a 12 page response to the courts request to show cause as to why it should not assert Mandamus in my case. I filed my response and am awaiting the court's decision. Hopefully, we at least get to appear before the judge at the scheduled hearing. That said, a new issue for my wife as come to light and I ask the board for its opinion on the following:

              My wife has a need to access some of the equity in the house she purchased before we were married and now live in together. She cannot obtain the proper loan as a Foreign National. Can I bring this up at the hearing, if it goes that far?

              Comment


              • #8
                Hey RSEXMM..do you have any update on your case? I am thinking to file WOM this monday..do you have any advice..I dont care what happens as there is no other options other than this as as I have been waiting for last four years now.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by rsexmm:
                  Ok...The USCIS has submitted a 12 page response to the courts request to show cause as to why it should not assert Mandamus in my case. I filed my response and am awaiting the court's decision. Hopefully, we at least get to appear before the judge at the scheduled hearing. That said, a new issue for my wife as come to light and I ask the board for its opinion on the following:

                  My wife has a need to access some of the equity in the house she purchased before we were married and now live in together. She cannot obtain the proper loan as a Foreign National. Can I bring this up at the hearing, if it goes that far? </div></BLOCKQUOTE>
                  It's true then. Uscis is really fighting the lawsuit. In the past, for the majority, just filing was enough to send USCIS into motion. It is quite bad news for people who are planning to file the suit in the future. Once the case goes to the court, the need for lawyers become real.

                  I would think that any loan issue your wife is having is irrelevant to the case. That is something all LPR has to deal with, and it does not strengthen your case as to why USCIS should act on your case.

                  Comment


                  • #10
                    IS there anyone who can help me. I am avictim of name check. I applied for my green card on SEP 15 2003. I had a interview in november andsince then my case has been pending because of namecheck. I have tried calling the INS but no answer. I have also tried going ot the chicago INS office but those people dont help at all. I also contacted congressman but they just said they can't help. I saw the posts and i am thinking to file writ of manmudus..is there any advice that anyone can give me...I am also looking for a copy of COMPLAINT of writ of mandumus ..please email it at sanasmer@gmail.com. I am new to all court and law stuff so any kind of help with be appriciated. PLEASE HELP ME OUT. Thanks
                    SANA KHAN

                    Comment


                    • #11
                      I don't know actual situation in your case ..it can be anything.. If you ever mis rep yourself, or your name is matched with Terrorist database etc, Your Scurity check can be held..
                      60 days time for Show cause notice is just a normal procedure but Uscis can get away by saying that that need more time to check.. There anr other excuses of not getting report from your own country which makes scurity check more difficult.
                      Only thing you can do is, If PCC (police Clearance ) inquiry came to your home in your country then let them clear that out in your favour.
                      You can ask your attorney to find out About your FOIA request. so you will know where actually Hold up resides.

                      If USCIS need Biometrics another time, do it.. Start from scrach.. WOM is not necessary give you what you want.
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        I didnt got wut you mean.My name is under pending background check..It has been four years now and no onevisited my house back home..I think the file is stuck at the NEBRASKA FILE CENTER&gt;.but I just donno wut to do?SO I am thinking to take the final step of filing WOM..better thsn nothing..

                        Comment


                        • #13
                          many times USCIS send the query to Respective country and wait for answer. if that country's authorities do't act on it then, scurity check can be on hold.. till they received something from that country.. specially when Alien had a potential flag.
                          some countries takes too long to answer queries
                          if you think this not the case then FIle WOM.
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sanasmer:
                            I didnt got wut you mean.My name is under pending background check..It has been four years now and no onevisited my house back home..I think the file is stuck at the NEBRASKA FILE CENTER&gt;.but I just donno wut to do?SO I am thinking to take the final step of filing WOM..better thsn nothing.. </div></BLOCKQUOTE>


                            HI DID YOU FINALLY FILED THE WOM BECAUSE I HAVE THE SAME PROBLEM AND DID YOU GET AN ANSWER?? HOW CAN I FILED A WOM??? IF YOU KNOW HOW TO DO IT COULD YOU PLEASE LET ME KNOW??? THANKS!!!

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SPYDERVENE:
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sanasmer:
                              I didnt got wut you mean.My name is under pending background check..It has been four years now and no onevisited my house back home..I think the file is stuck at the NEBRASKA FILE CENTER&gt;.but I just donno wut to do?SO I am thinking to take the final step of filing WOM..better thsn nothing.. </div></BLOCKQUOTE>


                              HI DID YOU FINALLY FILED THE WOM BECAUSE I HAVE THE SAME PROBLEM AND DID YOU GET AN ANSWER?? HOW CAN I FILED A WOM??? IF YOU KNOW HOW TO DO IT COULD YOU PLEASE LET ME KNOW??? THANKS!!! </div></BLOCKQUOTE>

                              The post you responded to is over two years old. Doubt you will get a response. Have you talked to a lawyer? You can also try doing an internet search for direction. Good luck.

                              Comment



                              Working...
                              X