Sue USCIS for a decision

[molly35 1]

Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

[X Factor 1,110]

Wow that is insane - 9 months!!! Did you call up and made an inquiry?

[OrderofProtection 42]

Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

I have nothing to offer, but to say they would certainly deserve a lawsuit for neglecting a decision in your case. It feels as if they can play with peoples lives because no one EVER holds them accountable. I wonder if there has been other lawsuits or even if you CAN sue.

Edited August 14, 2012 by MaryNYC

[carolynhotstuff 252]

You can sue them but it's a lot of trouble and if you use a lawyer very expensive. I would wait at least 12 months before I took them to court.

[JohnR! 5,495]

If your immigration lawyer meant a Writ of Mandamus, then it is worth the effort, at 290 days. It is not really a lawsuit per se. A WOM is a court decision demanding that the USCIS make a decision in your case. It does not mandate what the decision should be, but it does make the USCIS - in this case - get on with your case.

Any other type of lawsuit would be a waste of court time and money.

Good luck!

[molly35 1]

thanks everyone. Yes this is crazy. I am going to wait till the 18th of this month as Adam (the attorney) is suppose to hear from a liason by this date...

So we will see what happens but it is beyond ridiculous.

I call the 1800 number but they are all morons so I don't even bother anymore!!

I will let you all know what happens.

thanks for all the advice!

[elyhim 41]

I'm so, so sorry that is too much time. Good luck!

[aamirpearl 47]

hmmmmm could it be possible that they have lost or misplaced ur petition, so what did they say to u when u call them??

[Moomin 292]

It sometimes happens that a case has a longer processing time for whichever reason. Have you tried scheduling an infopass appointment and inquire about your petition/case status?

If your petition is held up in background checks, there's nothing you can do to speed up the process. There was a fellow filer in the Oct 2010 group who waited around 10 months for a decision.

Suing USCIS is not a reality. Their goal is 5 months but it's not a promise that your case will get adjudicated at the 5 months mark(unfortunately). Every case is unique, and even if it was the case that USCIS lost some of the petition, you most likely will get an RFE for missing paperwork but they won't admit to having lost it.

Am sorry about the wait, it's frustrating for sure.

[all for God 1]

My case is now 11months today and no NOA2.its in CSC and transfer to VSC after 5months.presently its has spend 6months with VSC.we have called ,involved congressman but the response was that they are doing additional review.don't know what else to do.so you are not alone.

[Cori and Rob 55]

I don't have any legal advice, I just wanted to wish you luck on getting an approval soon. That's absolutely absurd that your application has gone untouched.

[Gosia & Tito 199]

Hi Guys,

So we filed in November and still have yet to get our NOA2!!!

I have called USCIS a gazillion times, contacted out congressman etc....

So a familt friend who is an imigration lawyer and has been very kind to give free advice through this process said the only other thing we can do is sue the USCIS to force them to make a decision on the case..

Does anyone have any experience with this?

Anyone else waiting 290 days??

needless to say we are beyond frustrated!!!!

thanks everyone

How about trying and Infoapass and/or the Ombudsman??

[photomile 101]

I'm not a lawyer, and I certainly don't blame you for feeling the way you do, but when it comes to anything legal, Im under the impression that it's generally a good idea to keep it out of the public eye. I certainly wouldn't want anything to impede on a case for you, especially after this long!

Good luck!

[winnie george 67]

All i can say is that the system sucks big time, we will never know why it takes soooo long to get an approval...... i know a couple that just approved and they waited for almost 2 years for it. It just doesn't make one sense...... i hope you get your approval soon.

[sara..... 371]

there is a member here that did this and has a complete set of what you must do before filing the Writ of Mandamus the members name is gogo he even has a list of everyone to contact.......the only thing that i would worry about is if its in "security checks" at this point in time the court can force them to make a decision but it could be a denial based on the fact that your petition is still in security checks .......my first go around it was two years before we received the noa2 we also considered the Writ of Mandamus but after talking to several repeatable immigration attorneys and finding out that it could result in denial based one what i just told you we decided to wait it out........still didn't receive a visa the embassy sent it back as expired petition after messing around with us for a few months but if your determined to file the Writ of Mandamus please look at member gogo profile there are many steps you have to take before you can file it

sara