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Writ of Mandamus got Dismissed Right to appeal expired, Can I refile under some way?

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  • Writ of Mandamus got Dismissed Right to appeal expired, Can I refile under some way?

    Filed a WOM just before they stopped pushing the FBI to finalize the name check. (We're stuck now almost two years.) Judge said we did not have the right to ask for the courts assistance as my wife is only getting her greencard and not pursuing citizenship at this time.

    We did not file an appeal mainly because a second interview was scheduled, so we thought things would finally be complete. Interview went great...just before the officer finalized the paperwork...she checked...and sure enough, the FBI Name check had yet to clear.

    So now the time for us to appeal the WOM dismissal has come and gone. Can I appeal anyway? Or can I refile? We have an urgent matter that includes the loss of our home if we cannot get my wife's greencard.

  • #2
    Filed a WOM just before they stopped pushing the FBI to finalize the name check. (We're stuck now almost two years.) Judge said we did not have the right to ask for the courts assistance as my wife is only getting her greencard and not pursuing citizenship at this time.

    We did not file an appeal mainly because a second interview was scheduled, so we thought things would finally be complete. Interview went great...just before the officer finalized the paperwork...she checked...and sure enough, the FBI Name check had yet to clear.

    So now the time for us to appeal the WOM dismissal has come and gone. Can I appeal anyway? Or can I refile? We have an urgent matter that includes the loss of our home if we cannot get my wife's greencard.

    Comment


    • #3
      Search for the "Name Check" threads, there are plenty in this forum (as well as in others) that should answer most (if not all) of your questions.

      Comment


      • #4
        Thanks...but I've not found anything regarding the refiling of a case that has already been dismissed.

        If you know...can you please point me in the right direction?

        Comment


        • #5
          No, I don't know. But someone else may.

          Good luck

          Comment

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