any experience with writ of mandamus for I751

[kasper-k 2]

Hi, 
my case is pending for almost 3 years and I tried everything you can think about, at this point my lawyer suggested that filing a lawsuit is the only option left but I'm hesitating as you know it costs money and the outcomes are not guaranteed in your favor, however, I'm tired of waiting and watching time passing by without a clear answers, at least with a clear answer you would be able to decide what will be the next step in your life, most of you understand that it's mentally challenging, so my question is direct, has anyone file a lawsuit or have experience with this or heard about some other stories, either approval or denial, I will have to decide by the end of this week to proceed with the case, thank you.

 

 

 

Edited March 4, 2020 by kasper-k

[Balaji_v 121]

20 minutes ago, kasper-k said:

Hi, 
my case is pending for almost 3 years and I tried everything you can think about, at this point my lawyer suggested that filing a lawsuit is the only option left but I'm hesitating as you know it costs money and the outcomes are not guaranteed in your favor, however, I'm tired of waiting and watching time passing by without a clear answers, at least with a clear answer you would be able to decide what will be the next step in your life, most of you understand that it's mentally challenging, so my question is direct, has anyone file a lawsuit or have experience with this or heard about some other stories, either approval or denial, I will have to decide by the end of this week to proceed with the case, thank you.

 

 

 

I am sorry to hear about your case. Hope they attend to your case soon.

 

Have you tried filing for N-400 if you are already eligible for citizenship. ?? 

In most cases, filing N-400 appears to speedup the removal of conditions or getting a combo interview.
f you have already done that and it didn't not help, may be try to contact your local ombudsman or senator's office for help.

Again I am sorry to hear about your case being pending for 3 years.

[Crazy Cat 39,192]

3 years for an I-751 decision is very rare......I assume you have a complex case.  I agree that a Senator' might be able to get some info .....Good luck.

 

[kasper-k 2]

3 minutes ago, Balaji_v said:

I am sorry to hear about your case. Hope they attend to your case soon.

 

Have you tried filing for N-400 if you are already eligible for citizenship. ?? 

In most cases, filing N-400 appears to speedup the removal of conditions or getting a combo interview.
f you have already done that and it didn't not help, may be try to contact your local ombudsman or senator's office for help.

Again I am sorry to hear about your case being pending for 3 years.

Yes I did, as I mentioned I tried everything you can think about including ( contacted two congress man, contacted ombudsman, countless service requests and info pass appointment, sent letters) I applied for N400 and passed the tests but decision can not be made due to I751 pending😭 

[Crazy Cat 39,192]

Just now, kasper-k said:

Yes I did, as I mentioned I tried everything you can think about including ( contacted two congress man, contacted ombudsman, countless service requests and info pass appointment, sent letters) I applied for N400 and passed the tests but decision can not be made due to I751 pending😭 

I see only 2 choices.......wait ......or try filing the WOM.......this is very odd.....

[kasper-k 2]

1 minute ago, missileman said:

I see only 2 choices.......wait ......or try filing the WOM.......this is very odd.....

I'm done waiting to be honest, have you ever seem success stories with WOM ? what factors will effect the decision?

[Crazy Cat 39,192]

1 minute ago, kasper-k said:

I'm done waiting to be honest, have you ever seem success stories with WOM ? what factors will effect the decision?

I have heard stories of filing a WOM for the travel bans.....I hear some have been successful......but my knowledge is very limited......

[Dashinka 23,209]

9 minutes ago, kasper-k said:

I'm done waiting to be honest, have you ever seem success stories with WOM ? what factors will effect the decision?

My understanding is that the WoM only forces USCIS to make a decision one way or the other.  As @missileman stated, I have heard a few stories, both positive and negative, but this route is very rare.  At this point, it is really up to you.  Filing a WoM may result in a negative outcome which I believe would require another I751 filing to avoid removal proceedings.  I am surprised the N400 did not do anything to move your ROC to the local office.

 

Good Luck!

[kasper-k 2]

1 minute ago, Bill & Katya said:

My understanding is that the WoM only forces USCIS to make a decision one way or the other.  As @missileman stated, I have heard a few stories, both positive and negative, but this route is very rare.  At this point, it is really up to you.  Filing a WoM may result in a negative outcome which I believe would require another I751 filing to avoid removal proceedings.  I am surprised the N400 did not do anything to move your ROC to the local office.

 

Good Luck!

Thank you @missileman

I know and the only excuse was background checks, considering that background checks were cleared in few months when I applied for N400 and I was called for an interview, also last year I spoke to one of the immigration officers when I asked for another extension and he stated that it was cleared in May 2019, but still USCIS keeps sending the same excuse

[Dashinka 23,209]

17 minutes ago, kasper-k said:

Thank you @missileman

I know and the only excuse was background checks, considering that background checks were cleared in few months when I applied for N400 and I was called for an interview, also last year I spoke to one of the immigration officers when I asked for another extension and he stated that it was cleared in May 2019, but still USCIS keeps sending the same excuse

So you contacted the USCIS ombudsman?

[African Zealot 1,452]

Reading from your posting history, you have some serious issues. You’ve had two N400 issues, you didn't submit enough evidence of cohabitation/commingling of assets for the I-751, and you’ve been accused of fraud by the interviewing officer so you definitely have an unusual case. You also haven’t divulged what country you are from etc.

 

If I were in your shoes I wouldn’t rock the boat now and will hold off filing the WOM until after November 3 😉 and hope (yes I know hope is not a strategy) there is new kinder direction at DHS. 

 

Your choice.

 

 

Edited March 4, 2020 by Ray.Bonaquist

[kasper-k 2]

13 minutes ago, Ray.Bonaquist said:

Reading from your posting history, you have some serious issues. You’ve had two N400 issues, you didn't submit enough evidence of cohabitation/commingling of assets for the I-751, and you’ve been accused of fraud by the interviewing officer so you definitely have an unusual case. You also haven’t divulged what country you are from etc.

 

If I were in your shoes I wouldn’t rock the boat now and will hold off filing the WOM until after November 3 😉 and hope (yes I know hope is not a strategy) there is new kinder direction at DHS. 

 

Your choice.

 

 

Yes I tried everything you can think about including ( contacted two congressmen, contacted ombudsman office, countless service requests and info pass appointment, sent letters)

[African Zealot 1,452]

Just now, kasper-k said:

Yes I tried everything you can think about including ( contacted two congressmen, contacted ombudsman office, countless service requests and info pass appointment, sent letters)

Did you understand what I wrote? There’s no point copy and pasting your answer to previous people which is totally unrelated and irrelevant to my posting.

[kasper-k 2]

12 minutes ago, Ray.Bonaquist said:

Did you understand what I wrote? There’s no point copy and pasting your answer to previous people which is totally unrelated and irrelevant to my posting.

I apologize I meant to send this to @Ray.Bonaquist

I'm still new with this forum. 

I read your answer and it make sense, just to give you an update, I met with other officer and explained the situation but there was no notes in my file about fraud, I even spoke to the supervisor and they keep insisting on the background checks, I have submitted so many proofs, I have nothing in my background check and I haven't committed any crime, not even a speeding ticket. why you think I should wait till Nov 3rd ?   

[jakelake 222]

Why is your I-751 petition still pending, if that is what you are filing? What country is the petitioner from? 

It seems that the issues that you are describing would have more likely occurred when filing the I-130. If you were granted a visa, then that means suspicion of fraud or any issues with background check would have already been cleared.

Of course, when filing to remove conditions, USCIS will still look to see if there are any fraud.