What our attorney told us

[rebeccajo 14]

I'll research it but I'm skeptical.

[sjoefl01 1]

I've been watching your case for a long time now. My heart goes out to you and your family. Nobody should go through this kind of hassle for such a simple thing.

[rebeccajo 14]

I've been watching your case for a long time now. My heart goes out to you and your family. Nobody should go through this kind of hassle for such a simple thing.

Thanks.

[knowledge 0]

I'll research it but I'm skeptical.

May I know what makes you skeptical? Overall, and I speak for myself, observing this process, so fascinating on one part by it's complexity but also having it's distorsions that hurts so much some people, makes me think of what some philosophers or other thinkers say about our world today: crazy and dehumanizing us...the communication level might bring some humanity in us, in them...With the new reinforcement of the security, the simple emplyees and not only might be living hell, like us here, with a lot of stress...so that's why trying to reach and emphisize with them might help, without too much menacing of the court or the law...But of course, i'm not advanced in the process and already the waiting time is hurting us..so i don't know if it might help...if anything...why not think in chorus here..of what to think and write...at least we'll spent some constructive time to imagine the best...why not!...I wish you the best!...right now, immediately... lol....

[rebeccajo 14]

I'll research it but I'm skeptical.

May I know what makes you skeptical? Overall, and I speak for myself, observing this process, so fascinating on one part by it's complexity but also having it's distorsions that hurts so much some people, makes me think of what some philosophers or other thinkers say about our world today: crazy and dehumanizing us...the communication level might bring some humanity in us, in them...With the new reinforcement of the security, the simple emplyees and not only might be living hell, like us here, with a lot of stress...so that's why trying to reach and emphisize with them might help, without too much menacing of the court or the law...But of course, i'm not advanced in the process and already the waiting time is hurting us..so i don't know if it might help...if anything...why not think in chorus here..of what to think and write...at least we'll spent some constructive time to imagine the best...why not!...I wish you the best!...right now, immediately... lol....

I'm skeptical because the process becomes more convuluted as your traverse it. At this point, our journey is stymied because there is more than one agency involved. These two agencies (DHS and FBI) not only don't share information, they are not SUPPOSED to share information as part of a checks and balances system. So yes while the employees are overwhelmed with work, their jobs are separate and apart from each other. Puzzle pieces that do not fit, if you will.

I'm also skeptical because I'm a member of more than one group who is caught in this process and I've never heard of this step before. It would be lovely to think that by giving defendants advance warning of filing the suit they would act in order to prevent the filing. The information I have (so far) is that the actual filing is the only thing which can bring closure.

Edited January 7, 2007 by rebeccajo

[G&C 0]

As a preamble, I am writing this just to bring some caution,

My 2 cents is that personally, I would not go this route.

My understanding is that you would have to petition the US Supreme Court to issue this writ since USCIS and the FBI are departments under the Administration. An individual cannot "issue a writ" only a court can do this. To prevail, I believe you would have to demonstrate to the court that USCIS has refused to perform it's duties, or if for some reason it's duties cannot be performed.

Having said all of this, does one petition the court for a writ to USCIS or the FBI? If for USCIS, how does one demonstrate (and the petitioner must demonstrate) USCIS has refused to perform their duties if in a reasonable time they sent the request the FBI for a name check?

And how does one prove the FBI has refused to perform their duties if there are indeed a half-million of these requests?

And having said all of this, the Supreme Court would have to agree to even hear the case. I'd guess you'd be lucky to get on the docket mid-2008.

Some food for thought.

*******************

On a similar but different theme, I'd like to know the stats, or even conjecture, regarding who is being flagged for these name checks? Is it related to certain countries? Certain filers? Certain names? Whether the foreign fiance is male or female? Since I do not believe in coincidences, I believe there are guidelines to this that USCIS is following but of course not sharing.

This may not mean that name checks go any quicker, BUT by knowing this we can at least be prepared for the wait. We all have somewhat similar objectives, with many rightly wanting the Green Card asap. For me, I'd take AP and EAD forever if the fees weren't so high!

Good luck all!

******************

I AM NOT A LAWYER

I'll research it but I'm skeptical.

May I know what makes you skeptical? Overall, and I speak for myself, observing this process, so fascinating on one part by it's complexity but also having it's distorsions that hurts so much some people, makes me think of what some philosophers or other thinkers say about our world today: crazy and dehumanizing us...the communication level might bring some humanity in us, in them...With the new reinforcement of the security, the simple emplyees and not only might be living hell, like us here, with a lot of stress...so that's why trying to reach and emphisize with them might help, without too much menacing of the court or the law...But of course, i'm not advanced in the process and already the waiting time is hurting us..so i don't know if it might help...if anything...why not think in chorus here..of what to think and write...at least we'll spent some constructive time to imagine the best...why not!...I wish you the best!...right now, immediately... lol....

I'm skeptical because the process becomes more convuluted as your traverse it. At this point, our journey is stymied because there is more than one agency involved. These two agencies (DHS and FBI) not only don't share information, they are not SUPPOSED to share information as part of a checks and balances system. So yes while the employees are overwhelmed with work, their jobs are separate and apart from each other. Puzzle pieces that do not fit, if you will.

I'm also skeptical because I'm a member of more than one group who is caught in this process and I've never heard of this step before. It would be lovely to think that by giving defendants advance warning of filing the suit they would act in order to prevent the filing. The information I have (so far) is that the actual filing is the only thing which can bring closure.

[rebeccajo 14]

My understanding is that you would have to petition the US Supreme Court to issue this writ since USCIS and the FBI are departments under the Administration......Having said all of this, does one petition the court for a writ to USCIS or the FBI....and how does one prove the FBI has refused to perform their duties if there are indeed a half-million of these requests?

And having said all of this, the Supreme Court would have to agree to even hear the case. I'd guess you'd be lucky to get on the docket mid-2008.

Some food for thought.

*******************

On a similar but different theme, I'd like to know the stats, or even conjecture, regarding who is being flagged for these name checks? Is it related to certain countries? Certain filers? Certain names? Whether the foreign fiance is male or female? Since I do not believe in coincidences, I believe there are guidelines to this that USCIS is following but of course not sharing.

This may not mean that name checks go any quicker, BUT by knowing this we can at least be prepared for the wait. We all have somewhat similar objectives, with many rightly wanting the Green Card asap. For me, I'd take AP and EAD forever if the fees weren't so high!

I AM NOT A LAWYER

Writ of Mandamus in these matters gets filed in Federal District Courts, not the Supreme Court.

And you petition the court by filing the Writ.

I'd say that since we have evidence that USCIS manages to issue a few million greencards a year, including some new evidence they can pump some out in less than 60 days, I have all the proof I need they aren't doing their job.

Read the namecheck tracker thread if you want to know what causes someone to end up in namecheck.

I'm truly surprised that you don't care if you ever get your greencard and that you are happy just so long as you can work and travel. Never mind that you can't vote, will pay higher inheritance taxes if your spouse dies, that you can't ever file for citizenship, and that you are paying taxes to a government who is guaranteeing you ZERO constitutional protections.

Edited January 8, 2007 by rebeccajo

[Killer_Clown_2009 0]

Out of curiosity, what sort of rights do green card holders have that those pending adjustment don't have?

[Donna A 4]

well lets see...a green card holder has the right to travel thru amsterdam airport without a transit visa and im sure other european contries airports also.

they have the right to travel and work and drive without having to pay fees yearly to do so.

it prolongs citizenship.

these are the two that im thinking of right now. since we have been stuck for a year now without these luxeries.

Edited January 8, 2007 by donnaal

[sjoefl01 1]

1. It is also pretty nice to get a drivers liscense that lasts for more than a year.

2. It is also pretty nice when you don't constantly have to screw with USCIS. We are really looking toward citizenship as quickly as possible so that we can get these folks out of our lives forever. In the particular case with the OP that poor family is also haunted by the FBI. They have to try to get some sense out of two completely out of control government agencies. The writ is pretty cool because it gives you a chance to turn a third government agency ( the court ) on the other 2.

well lets see...a green card holder has the right to travel thru amsterdam airport without a transit visa and im sure other european contries airports also.

they have the right to travel and work and drive without having to pay fees yearly to do so.

it prolongs citizenship.

these are the two that im thinking of right now. since we have been stuck for a year now without these luxeries.

[rebeccajo 14]

Out of curiosity, what sort of rights do green card holders have that those pending adjustment don't have?

Constitutional rights.

[babybunny 2]

I have to admit I've NEVER heard of this. And I and several others here have done extensive research on this 'blackhole' beyond VisaJourney. I suppose it's another possible avenue and I am not putting you down, but I've honestly not heard of this.

Also, I notice from your timeline that you didn't file the I-130 until September 2006 but filed your AOS in 2004? If so, isn't that most likely the reason for your greencard delay?

Actually this practice is recommended. I talked to two attorneys and they both said that you "could" possibly file the writ directly but it is "preferred" that you write to them and tell them to take action in x number of days (30 - 60 or so) and in many cases they do act. So you won't even need to file the writ. Of course they could play bluff on you! In that case, you would file it.

Refined infos, thanks!!!...For no. 5, one idea: instead of filling the Writ, and, considering there has been a constant contact between you and them for communication, etc...why not use the same tool to tell them, prevent them that you think of suing...a simple question adressed to them!...and see what happens?...

The 'veiled threat' tactic? LOL

Works in civil litigation sometimes. Must not for immigration or it would have been suggested to us.

what if you file your Writ - and before it gets to court and like magic your case is done. - you withdraw-do you get your $3,000 back? < I made up this figure >.

[no name 1]

I must ask RJ, why have you not involved a lawyer earlier?

[G&C 0]

Agreed it may be possible to petition a a federal court for the writ.

In speaking with a few lawyers this morinng, they agreed that a person petitions the court to file the Writ. So the court woud have to agree with my blah, blah, blah above in order to issue a writ. The lawyer's words.

I would still caution anyone against this action but I can understand why one would want to do it. The respondent (that is the federal government) can ask for posponements, at each hearing, can provide a zillion reasons why they are in the right. They have significanlty more data than you to make their case. I am not trying to be negative, just realistic.

On the green card benefits, voting can't happen unless you are a citizen . . . and then you get "stuck" having to serve on juries. Taxes are dealt with by the appropriate trusts.

The Constitution? Most people spend all their time trying to figure out how to get around it. Don't you realize that in America "It's what you can get away with that counts?"

Thanks for the info on the other thread.

I AM STILL NOT A LAWYER

********************************************

Writ of Mandamus in these matters gets filed in Federal District Courts, not the Supreme Court.

And you petition the court by filing the Writ.

I'd say that since we have evidence that USCIS manages to issue a few million greencards a year, including some new evidence they can pump some out in less than 60 days, I have all the proof I need they aren't doing their job.

Read the namecheck tracker thread if you want to know what causes someone to end up in namecheck.

I'm truly surprised that you don't care if you ever get your greencard and that you are happy just so long as you can work and travel. Never mind that you can't vote, will pay higher inheritance taxes if your spouse dies, that you can't ever file for citizenship, and that you are paying taxes to a government who is guaranteeing you ZERO constitutional protections.

[rebeccajo 14]

I would still caution anyone against this action but I can understand why one would want to do it. The respondent (that is the federal government) can ask for posponements, at each hearing, can provide a zillion reasons why they are in the right. They have significanlty more data than you to make their case. I am not trying to be negative, just realistic.

On the green card benefits, voting can't happen unless you are a citizen . . . and then you get "stuck" having to serve on juries. Taxes are dealt with by the appropriate trusts.

The Constitution? Most people spend all their time trying to figure out how to get around it. Don't you realize that in America "It's what you can get away with that counts?"

The anecdotal evidence is that these cases rarely get to the first hearing, let alone postponements and the other standard stall tactics. Mostly because defendant has no data to make their case.

True you can't vote with a greencard. But you won't ever be able to if you don't get a greencard first.

You would rather go to the bother of having a trust in your estate than be able to use the normal vehicles that most married couples use, such as joint tenancy and the like? I bet your spouse is gonna appreciate that if you die first.

And in case you were not aware, the Constitution affords you due process, just to mention one of its neater points. You won't be 'getting away' with squat in Court without it. In fact, you may not even make it to Court, because there will be no mandate for you that you are guaranteed a jury of your peers.