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  • Bronzelady or anyone who knows

    I filed the aos package (marriage based)at the Atlanta District office which is incredibly slow in Oct 2002.I recently read something about a mandamus act.My question is can my situation be solved by filing this.The reason it's so important is that my husband and I are expecting our first child very soon and I know this might sound silly but I would like to be a citizen before i'm a mommy.I would just like to feel comfortable in the us before my child is born

  • #2
    I filed the aos package (marriage based)at the Atlanta District office which is incredibly slow in Oct 2002.I recently read something about a mandamus act.My question is can my situation be solved by filing this.The reason it's so important is that my husband and I are expecting our first child very soon and I know this might sound silly but I would like to be a citizen before i'm a mommy.I would just like to feel comfortable in the us before my child is born

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    • #3
      It sounds like you need to consult an immi attorney for that.

      http://www.ailf.org/lac/lac_briefarch_9912270620.htm

      Comment


      • #4
        If you think congressional inquiries can piss off CIS personnel mandamus' actions can do 30 times the damage. Mandamus should be used in a case of LAST RESORT and never without an attorney. I don't know what the processing times are in Atlanta but that may be normal. In any case waiting less than 2 yrs for scheduling is, in my opinion, not enough time passing to warrant a mandamus action. By the way, that reason is not reason enough to go that route. I understand the emotional roller coaster you are on being pregnant, but don't do anything that could cause someone to react in a hostile manner. Applications have been known to "disappear" if you know what I mean.

        Comment


        • #5
          Thanks so much for your insight, it's really appreciated.

          Comment


          • #6
            You are in for a LONG wait. We filed in Feb. 2002. They are processing AOS for July 2001. As they have since November.

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            • #7
              Pardon my ignorance, but what is a Mandamus' action and why would it piss CIS personnel off?
              Have a nice day

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              • #8
                Glu:

                A Writ of Mandamus is a LAWSUIT filed in higher court against ATTORNEY GENERAL, USCIS DIRECTOR, etc, asking the court to MAKE THEM ADJUDICATE THE CASE.

                ADJUDICATION DOESN'T MEAN APPROVAL...THOUGH see what I mean?

                Comment


                • #9
                  Didn't they deport you Aguila ?

                  Comment


                  • #10
                    From the original post:

                    " I filed the aos package (marriage based) ... my husband and I are expecting our first child very soon ... I know this might sound silly but I would like to be a citizen before i'm a mommy. "

                    Did she say a citizen?! Last time I checked you have to be an LPR for three years after a marriage based adjustment to even apply for citizenship (add another year for processing). May be it's me but I never heard of 4 year plus pregnancies.

                    Comment


                    • #11
                      Here is another thing to consider... You actually should hope that a marriage based AOS is DELAYED - not hurried along. The ideal situation is to have your 1st AOS interview MORE THAN TWO YEARS AFTER YOUR MARRIAGE!!!!!

                      You will skip the whole conditional period and get you perm. GC at the interview (mailed after actually). This will save you YEARS!!!!

                      ARQU

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                      • #12
                        We've been married for three years

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                        • #13
                          Gluhbirne,

                          A mandamus cannot make CIS "adjudicate" (to adjudicate means approve or deny) a case they CAN make CIS (if they find that it is warranted) "take an action". If you are sent an RFE or a new FP appointment that is considered "taking an action". So in exchange for drawing the attention, and possible ire, of CIS personnel you could get, in return, a fp appointment letter. Very risky and should only be used as a last resort and if your case is SERIOUSLY (i.e., you filed in 2000 and you never received an appointment letter, you had an interview 4 years ago and never received anything). If your case was denied a mandamus cannot compel CIS to overturn it.....a denial means CIS took an action. You see why this isn't always a good thing?

                          Comment


                          • #14
                            Aguila: thank you for enlightening us on this subject (thanks to google ;-), no seriously, though your machisomo is gettin' on JoSchmo's ***** sometimes you seams 2 b quite the Glübirne ;-)


                            Michael: does Aguila threathen your very sense of superiority despite a wanna b phd? Well, don't feel bad 'bout it! jUst get a life, even if it's a low leaf faux news one...

                            http://hometown.aol.com/mikemba/

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