May my case help others.

[Roy G. Biv 0]

Good to hear that your tenacity paid off! Congratulations!!!!!

[abdarach 0]

All,

I read somwhere that you can recover your attorney fees but I'm not sure the path to follow. If someone can give me some heads up it would greatly be appreciated.

[abdarach 0]

All,

I read somewhere that It is possible to recover the attorney fees after a mandamus petition. I'm not sure, however, about the path to follow. If someone here can give me a head up that will really be hlpful to me.

Thank you again for your support.

[abdarach 0]

All,

As far as recovering my lawyer fees for the mandamus, I do not think I'm eligible as the court did not issue a decision in my favor but ordered the USCIS to adjudicate in my case within two weeks which the agency did. This is what I found on Google: "...As with mandamus actions, an applicant for U.S. citizenship may become eligible for compensation from the Government for filing a lawsuit, or attorneys’ fees, if the federal court issues a decision in the applicant’s favor..."

[nigel 7]

All,

As far as recovering my lawyer fees for the mandamus, I do not think I'm eligible as the court did not issue a decision in my favor but ordered the USCIS to adjudicate in my case within two weeks which the agency did. This is what I found on Google: "...As with mandamus actions, an applicant for U.S. citizenship may become eligible for compensation from the Government for filing a lawsuit, or attorneys' fees, if the federal court issues a decision in the applicant's favor..."

Show your lawyer what you found out....im not sure if he/she would want to follow up after you been approved and he been payed by you..

A decent lawyer should look into any compo/ refunds which is due to you...

I guess it's worth a ask, you have nothing to loose huh?

[Timusa 0]

All,

As far as recovering my lawyer fees for the mandamus, I do not think I'm eligible as the court did not issue a decision in my favor but ordered the USCIS to adjudicate in my case within two weeks which the agency did. This is what I found on Google: "...As with mandamus actions, an applicant for U.S. citizenship may become eligible for compensation from the Government for filing a lawsuit, or attorneys’ fees, if the federal court issues a decision in the applicant’s favor..."

As quoted by BigJoe5 in another forum:

"After you win your case, you can sue them for costs under EAJA.

SEE: http://www.ca10.uscourts.gov/opinions/07/07-4260.pdf this but one of many cases out there......... "

[nigel 7]

As quoted by BigJoe5 in another forum:

"After you win your case, you can sue them for costs under EAJA.

SEE: http://www.ca10.usco.../07/07-4260.pdf this but one of many cases out there......... "

Great sample....show that to your Lawyer..

[abdarach 0]

All,

Thank you for the recommendations. I'll see what I can do regarding recovering the attorney fees.

[NickD 202]

Certainly a very long detailed procedure, maybe I should read it again, but don't recall anything changing or a request for more evidence, or even given a logical, or even an illogical reason for that long delay. The only thing I can gather from your post is that nothing was done, just under a court order, your application was finally approved. Is this correct?

We had three major delays with the USCIS, never had to go further than Sen. Feingold mainly because he was on the budgeting committee for the USCIS. Each time, the same excuse was given, our application was "misplaced". But they damned sure found each one in a hurry. Nothing about FBI checks, erroneously filled out forms or more evidence, just "misplaced" was the only reason given.

First for my stepdaughters conditional card, he mom got her card, but was irritated they dated it two months later. Second for that I-751, after that call, we received the ten year cards five days later. And third for my wifes' oath ceremony, St. Paul was extra accommodating for that issue giving her a special unheard of oath ceremony just three days later at 8:00 AM in the morning and was extremely nice to both of us. Had to be done at 8:00 AM before normal office hours began.

Now this crazy decision cannot be made that I think is because of a stupid 50 buck traffic violation and maybe some proof is required that fine was paid. Damned sure it was paid, if you don't pay a fine in our state, your drivers' license is pulled. And besides the instructions state if under 500 bucks, no intoxication, no injuries, doesn't even have to be reported. Daughter received a scholarship to study in the UK, but needs a US passport to go there. She stands to lose that if this drags on. Feel helpless, because my fellow Wisconsinites voted in this multi-millionaire that got that way from running a slave shop in Oshkosh. No longer have that help from Feigngold. Can only wait now and see what happens, USCIS has 120 days to respond.

[NickD 202]

If there is a lesson to be learned about this, really don't know what it is, just happens with the USCIS, some applications go through smoothly, others don't. Just a matter of pure unadulterated luck I guess.