cost for writ od mandamus

[amarles]

I just spoke with my attorney and suggested that maybe we should write writ of mandamus since it is 2 years after the interview,and he wants $ 3,500.
is it a real price for that letter??? or is he just trying to make money?
anyone with this experience?

[amarles]

I just spoke with my attorney and suggested that maybe we should write writ of mandamus since it is 2 years after the interview,and he wants $ 3,500.
is it a real price for that letter??? or is he just trying to make money?
anyone with this experience?

[Colonel]

the price is cheap, they are charging $5000 up here in the east coast and California. Why don you do it yourself? Go to your Federal Court and get a Pro Se package... I did it myself and I spent my new year eve working on it. The Fee for the court is $ 350 , in April is going to be more...the only thing you have to do is read, read and read a lot of case to get familiar with the law.

[amarles]

thanks for your reply Colonel,
just checking around the pricing,
one more thing, did it help you? did you try other options before writ of mandamus?

appreciate response

[said]

did you read the USCIS memo on the WOM on the same website here

The memo mentions only that USCIS will no longer respond to WoM requests to *expedite* FBI background checks. It doesn't say that you can't file a WoM to force USCIS to complete their investigation or to make a decision on your case.

I would understand if you still insist to act. this is really frustrates me that they have huge delays and backlogs for most of our cases for no real reason.

[Aguila]

amarles:

Don't waste your time, money and the Court system resources filing a mandamus action. Filing a frivolous lawsuit can get you into being imposed monetary sanctions. You must first try to resolve your matter with USCIS in good faith, you should have at least sent the Service Center director and District Director two letters inquiring about your case via certified mail with return receipt.

You should also make an Infopass appointment with your district office and talk to an immigration officer to inquiry about the status of your case (this did it for me when my case was frozen).

Lastly, USCIS has the office of the ombudsman (a person that works for the public to resolve USCIS matters by making suggestions to make the process smoother or by inquiring about cases that have been frozen as far as processing goes) which can investigate the case for you. Check : http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Only if you attempt all of this and after 6 months you still do not get a response then you should file the mandamus action. 99% of the chances are that if you do all of things I outlined for you above, you will receive a response as to the status of your case.

[said]

aguilla,


I read your advice to amarels, which is a very good advice, so my question now is not opposing your advice it is just to have more understanding to me.

when I opened the site I read this paragraph:

If you are seeking only general information about immigration laws, policies and procedures, or case status information, you may wish to contact USCIS directly to obtain this information.

I do not know why but I get it as they just give general information but they will not tell me as example why they made my case stuck in administrative processing for (K 3 visa) for 8 monthes. I mean they will just speak generally about items of laws, as example what if they say to someone : name check is obligatory, while we know that but we do not know why it takes like years to clear the name check?

I say that cause I receive through the email the same answer since they received my case

your case is pending admin. processing

I know the admin. processing is necessary but I do not know how long it will make me stuck, nor I know what kind of admin. is it name check or just routine or what it is.

[Aguila]

said:

You read only the first paragraph that is the problem!!!

If you read below you would find the following link:

http://www.dhs.gov/ximgtn/programs/editorial_0731.shtm

This site outlines for you the procedure to submit a request to the USCIS Ombudsman for case problems OTHER THAN general information about immigration laws, etc.

In any event, what is preventing you from writting letters to your district directors or from making an infopass appointment with your USCIS office?

[said]

the thing is I am not in USA i am outside now, and since two years and nice months I am out of USA, and my wife is not qualified to handle the long-term procedures she has certain mental disorder makes her feel unable to handle the stress of requirements.

I do not know why they do the name check if when I come back I have to apply for AOS (I485 and other stuff) it suppose to do the name check when I come back and the family is united. I am not sure still if the admin. processing means name check or background check but what else can make me stuck for 8 monthes? the only way is the senator but I am afraid they will nog give enough accurate answer to the senators.

[amarles]

Aquilla,

thank you for all the knowleagable information.
I will try all of the mentioned.
I did try Infopass and calling the national center for the past two years.
My case is stucked since 2005, the time when I had my interview.
thanks again, very helpful.

[rosendamanns2]

Why don you do it yourself? Go to your Federal Court and get a Pro Se package. Tent Rentals