Mandamus Writ

[Musashii 21]

Hi,

I have filed two petitions on behalf of my husband. I-130 and I-129F (spouse).

It is going to be 7 months on 3 August 2010 and I have not heard anything from CSC-USCIS. I have tried contacting my Congressman, Senator and even Ombudsman.

All they could do for me was to send an inquiry which resulted in same response every time which was "wait another 45 days". Unlike some lucky people who got their congressman involved and got some action perform on their petition, it was not the case for me.

Now, my question is that should I go for a Mandamus writ? Or how long do I need to wait before going to court and applying for a Mandamus? Because I believe that USCIS is not taking the proper action on my petition, they just keep giving me generic replies.

Has someone experienced similar situation before?

Regards,

Mrs. Musashii

Edited July 28, 2012 by Musashii

[Xanax 349]

I'm sorry, I don't understand as far as I am aware the 129f was for the k-1 or k-3 visa.

Is that what you have applied for the k-3?

We might need more information:

Where did you send the petition?

Has your money order been cashed?

Do you have an NOA1?

You said 2010,did you mean 2012?

Have you called the USCIS?

Where are you and where is your spouse right now? Have you moved address recently?

[LIFE'SJOURNEY 970]

What is the complaint, you aren't even past the time frame for processing. It takes a 130, an average of 9 to 12 months to complete. The 5 to 6 month was just an mis-guide time frame. Being that your flag indicates that you are dealing with Parkistan, you can be in for an even longer wait once this petition gets to the consular stage.

I suggest that you talk to some of the others who are dealing with that consular here on VJ.

Patience and tolerance will need to be your new friend.

[kpatel 3]

I have a similar situation my file is at VSC, i filed on 18th Jan 2012 and I will complete 7 months on 18th August, I havent heard anything about my file as well. I have tried putting a service request and contacting senator/congressman and i also got generic replies to wait for 60 days as they are still reviewing my file and will recieve a deicion or other notice of action within 60 days. I am also not sure what to do in this case and how long to wait

[Musashii 21]

Yes, I have received NOA1 for both petitions.

Priority date for I-130 is 3 Jan 2012 and notice date for I129F (K3) is 18 January. I have been waiting for NOA2. USCIS website still shows 5 months yet I have not received any notice in nearly 7 months.

I have contacted USCIS, I have asked for a Service Request and I contacted my Congressman. Despite all above measures, I did not get anything except generic replies to wait and keep waiting. Many people who filed in March 2012 have been approved or processed. I am a January 2012 filer.

So there is the information. Now, shall I wait more or shall I go to court to get a Mandamus writ (which means the court orders a specific department to perfrom the duties which they are supposed to perform but choose to ignore). Maybe this way USCIS will review my petition as they are supposed to but not doing so.

[kpatel 3]

Hi,

I have filed two petitions on behalf of my husband. I-130 and I-129F (spouse).

It is going to be 7 months on 3 August 2010 and I have not heard anything from CSC-USCIS. I have tried contacting my Congressman, Senator and even Ombudsman.

All they could do for me was to send an inquiry which resulted in same response every time which was "wait another 45 days". Unlike some lucky people who got their congressman involved and got some action perform on their petition, it was not the case for me.

Now, my question is that should I go for a Mandamus writ? Or how long do I need to wait before going to court and applying for a Mandamus? Because I believe that USCIS is not taking the proper action on my petition, they just keep giving me generic replies.

Has someone experienced similar situation before?

Regards,

Mrs. Musashii

I have a similar situation my file is at VSC, i filed on 18th Jan 2012 and I will complete 7 months on 18th August, I havent heard anything about my file as well. I have tried putting a service request and contacting senator/congressman and i also got generic replies to wait for 60 days as they are still reviewing my file and will recieve a deicion or other notice of action within 60 days. I am also not sure what to do in this case and how long to wait

[Musashii 21]

What is the complaint, you aren't even past the time frame for processing. It takes a 130, an average of 9 to 12 months to complete. The 5 to 6 month was just an mis-guide time frame. Being that your flag indicates that you are dealing with Parkistan, you can be in for an even longer wait once this petition gets to the consular stage.

I suggest that you talk to some of the others who are dealing with that consular here on VJ.

Patience and tolerance will need to be your new friend.

If 5 months average time frame is not accurate, USCIS needs to change it on their website. If it takes 9-12 months for them to process I-130 then why are so many other I-130 petitions getting processed in 4-5 months? Mind you, I am talking about normal petitions and not DCF.

I am aware of the long AP for MENA males but that comes later. My complaint is about delay in processing outside the stipulated and mentioned time. Fine I-130 takes that long, I have filed for K3 too which should not take 9-12 months.

[LIFE'SJOURNEY 970]

If 5 months average time frame is not accurate, USCIS needs to change it on their website. If it takes 9-12 months for them to process I-130 then why are so many other I-130 petitions getting processed in 4-5 months? Mind you, I am talking about normal petitions and not DCF.

I am aware of the long AP for MENA males but that comes later. My complaint is about delay in processing outside the stipulated and mentioned time. Fine I-130 takes that long, I have filed for K3 too which should not take 9-12 months.

The filing of the K3 is what messed it up, when you filed the 129, the 130 was taken out of line to match up with the 129. USCIS didn't cause your long wait process, you did by filing two petitions that now are being match up together. If you used a lawyer, than the mis-information that they gave you have slowed your process up even more.

Also note it ays it takes an average, which means some will take longer than 5 months, average is sum of total days/sum of total petitions received. Some petitions will be at the high end and some in the middle and some will be at the low end for processing time. Everyones petition will not be in/at the same processing time.

BTW the K3 has been slowly fazed out since the last 2.5 years ago.

Edited July 28, 2012 by LIFE'SJOURNEY

[Musashii 21]

The filing of the K3 is what messed it up, when you filed the 129, the 130 was taken out of line to match up with the 129. USCIS didn't cause your long wait process, you did by filing two petitions that now are being match up together. If you used a lawyer, than the mis-information that they gave you have slowed your process up even more.

Also note it ays it takes an average, which means some will take longer than 5 months, average is sum of total days/sum of total petitions received. Some petitions will be at the high end and some in the middle and some will be at the low end for processing time. Everyones petition will not be in/at the same processing time.

BTW the K3 has been slowly fazed out since the last 2.5 years ago.

Find the particular form number (in the left column) or form name (in the center column) in which you are interested. In the right column you will find either a timeframe in months or an exact date.

If the office is processing a particular type of application in less time than our processing goal, you will see the processing times expressed in months (for example, if the office is processing naturalization applications in less than our 5 month goal, the processing time will state "Five Months"). However, if that office is taking longer than our processing goal to handle the form type in question, you will see the filing date (e.g., "April 10, 2003") of the last case we processed on the date the website chart was last updated. The charts are updated on or about the 15th day of each month.

Processing Times updated July 19, 2012

Do you see the word "average" anywhere on this page? It was 5 months back in January and it still states 5 months. According to the statement on this page, it shows 5 months because this particular office is processing a particular type of application in less time than their processing goal, not more time.

Anyway, we are straying away from my question. IF anyone has any experience or information about Mandamus, I need to know how many months do I need to wait before I can go to a court and get a Mandamus writ so USCIS will do what they need to do. Thank you.

Edited July 28, 2012 by Musashii

[LIFE'SJOURNEY 970]

You can file a writ anytime, the US govt doesn't care, it's your money. By the time the writ is heard the case would have probably been adjudicated. Since you would have petitioned/file a court case, they can then wait up until the case court date to adjudicate the case. Case would be settled without setting foot in a court room, but the US govt would still have taken the time needed to process your petition.

Edited July 28, 2012 by LIFE'SJOURNEY

[EAbbas 213]

http://usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

**WRIT OF MANDAMUS: What is this Writ and How is it Obtained?

"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court.

Unfortunately your case hasn't been considered an extremely long wait yet. The procedure from my understanding is it needs to pass a year.. then you send certified letters to the agencies letting them know they have 30-60 days to come to a decision or you will file the case within the court system. Then you must provide to the courts strong evidence you have done your part in being able to push your case forward.. ie... with emails, phone calls, trying to see where your case is etc.

Then if they dont make a decision within that time you go to the courts to file the case.

There are lots of people who have waited beyond 7 months for their NOA2... i know how frustrating this can be but i suggest you just be a little more patient and it will happen soon. Wishing you much luck!

[NigeriaorBust 4,087]

The writ would force a decision, however if you aren't finished through check ,especially security checks the only decision they could then make is to deny you even if at that point your decision had been positive. There is a woman on here sarah that waited YEARS and never got a decision. That is when the writ is appropriate.

[Musashii 21]

Thank you for all the information and replies, much appreciated.

I do not want a forced decision. I just want them to actually review my petition rather than just saying that it is with some officer and they are reviewing it for past 45 days and more but not even touching it. And as I have read in many other topics by different posters, it does not take months to do the security and background checks at this stage unless there is some big red alert pertaining name or photo matching some baddie.

[Calicolom 265]

This is the Government, we get what we deserve. Keep voting for the same people and you get the same results.

[cdneh 3,112]

Thank you for all the information and replies, much appreciated.

I do not want a forced decision. I just want them to actually review my petition rather than just saying that it is with some officer and they are reviewing it for past 45 days and more but not even touching it. And as I have read in many other topics by different posters, it does not take months to do the security and background checks at this stage unless there is some big red alert pertaining name or photo matching some baddie.

That is what they are actually doing. Reviewing your petition. They aren't ignoring your file, to deliberately upset you. It can take many many months to perform security checks, in particular with the country your husband comes from. It takes nearly 12 months to get that far and once you get to the consular stage they may also subject your file to further AP.

You are well short of the time it takes before you can file mandamus. Your congressman, or any other elected official cannot influence the speed with which USCIS work, that body isn't answerable to elected officials.