legal action

[Dave + Loni 10]

Hi All, I was doing some research (one of my skills) and I found this legal action for those beyond normal processing times.

This is presented for infomation only (lawyers names redacted )

Perhaps a large volume of lawsuit threats will prompt some type of action.

Note I have compleated step one and I'm waiting to hear back from them.

When your case is not being processed:

Many clients seek legal assistance from 88888888888888888 when their immigration cases are not being processed by the USCIS or consulate in a timely manner. Often, the government does not act upon naturalization, adjustment of status applications or on immigrant visa applications. Often times, these cases are delayed by FBI background checks. With such cases, there is essentially only one action that the applicant can take to force the agency to act — filing a lawsuit. This type of lawsuit, known as a "writ of mandamus," is designed to compel the government to perform a duty owed to the plaintiff, namely, take action on the pending application. Upon receiving a complaint filed with the Federal Court, the government must answer within sixty days of the complaint. Often these lawsuits cause the government to finally take action.

If you are in such a situation, filing a suit against the USCIS or appropriate US Consulate may be the only way to get your case processed because the Federal Court can oblige the USCIS or US Consulate to review your application/petition and make a final decision within a short period of time (usually, within 60 days). However, it is important to remember that the court cannot force the USCIS or the consulate to make a decision in your favor.

Steps to filing a writ of mandamus:

Step 1: The first step to take when processing a case that has gone beyond the stated time is to make inquiries with the USCIS or consulate. It is best to document these inquiries as best as possible.

Step 2: If a resolution is not reached, the next step is to notify USCIS or the consulate, as well as the local US attorney in your jurisdiction, of your intention to file a lawsuit if resolution is not forthcoming within 30 days. This step will often have the desired effect; even if it does not lead to a decision immediately, it often prompts the USCIS or consulate to begin working on the matter.

Step 3: If a month has passed with no action on the case, the lawsuit should be filed and served upon the relevant defendants (the government agencies which have not acted) and local US attorney.

[pachacuti 154]

Hi All, I was doing some research (one of my skills) and I found this legal action for those beyond normal processing times.

This is presented for infomation only (lawyers names redacted )

Perhaps a large volume of lawsuit threats will prompt some type of action.

Note I have compleated step one and I'm waiting to hear back from them.

When your case is not being processed:

Many clients seek legal assistance from 88888888888888888 when their immigration cases are not being processed by the USCIS or consulate in a timely manner. Often, the government does not act upon naturalization, adjustment of status applications or on immigrant visa applications. Often times, these cases are delayed by FBI background checks. With such cases, there is essentially only one action that the applicant can take to force the agency to act — filing a lawsuit. This type of lawsuit, known as a "writ of mandamus," is designed to compel the government to perform a duty owed to the plaintiff, namely, take action on the pending application. Upon receiving a complaint filed with the Federal Court, the government must answer within sixty days of the complaint. Often these lawsuits cause the government to finally take action.

If you are in such a situation, filing a suit against the USCIS or appropriate US Consulate may be the only way to get your case processed because the Federal Court can oblige the USCIS or US Consulate to review your application/petition and make a final decision within a short period of time (usually, within 60 days). However, it is important to remember that the court cannot force the USCIS or the consulate to make a decision in your favor.

Steps to filing a writ of mandamus:

Step 1: The first step to take when processing a case that has gone beyond the stated time is to make inquiries with the USCIS or consulate. It is best to document these inquiries as best as possible.

Step 2: If a resolution is not reached, the next step is to notify USCIS or the consulate, as well as the local US attorney in your jurisdiction, of your intention to file a lawsuit if resolution is not forthcoming within 30 days. This step will often have the desired effect; even if it does not lead to a decision immediately, it often prompts the USCIS or consulate to begin working on the matter.

Step 3: If a month has passed with no action on the case, the lawsuit should be filed and served upon the relevant defendants (the government agencies which have not acted) and local US attorney.

The question to ask is who determines what "timely manner" means? If USCIS publishes 07/18/2012 as the date of petitions they are processing and leaving it there, do they get to say that they are within normal processing time frames? Or can we legally establish some precedent? It is fairly apparent that USCIS is failing the spirit of their mandate, but I have seen no published guidelines of what "timely" is expected to mean. So, they may be able to wash their hands of this in the letter of the law.

[Dave + Loni 10]

The question to ask is who determines what "timely manner" means? If USCIS publishes 07/18/2012 as the date of petitions they are processing and leaving it there, do they get to say that they are within normal processing time frames? Or can we legally establish some precedent? It is fairly apparent that USCIS is failing the spirit of their mandate, but I have seen no published guidelines of what "timely" is expected to mean. So, they may be able to wash their hands of this in the letter of the law.

True, but often because you involve the local US attorney in your jurisdiction they don't want to defend the USCIS if it would apear to be a long time to the average person.

[pachacuti 154]

True, but often because you involve the local US attorney in your jurisdiction they don't want to defend the USCIS if it would apear to be a long time to the average person.

So, how long do you have to wait to file a mandamus?

[Dave + Loni 10]

So, how long do you have to wait to file a mandamus?

I would wait as they recommend until after the normal time when you filed. and you have tried to contact them (keep records date and time) also after you have contacted both your congressman and Senator and they have been unable or unwilling to help.

It requires you to have tried everything else, so that you feel you have no other choise.