any experience with writ of mandamus for I751

[kasper-k 2]

4 minutes ago, jakelake said:

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.

 

 

 

 

 

The only excuses they gave me is background checks, and nothing have changed in my status, if there was any fraud detected they would ask for evidence ? also when I applied for N400 the background checks was cleared and I was called for an interview and I passed the test, so it doesn't make any sense, N400 background checks should be more strict than I751 

[jakelake 222]

I'm trying to get a feel for what's going on.

It seems to me that you are hiding something.

Why do you not want to divulge the petitioner's country?

[kasper-k 2]

why would I hide, I might not provided all details, because my question was more to WOM, but back in 2018 I applied for N400 while I751 was pending, I was called for an interview for N400, the officer was not happy with the fact that I applied for both cases at the same time, she checked my file and wasn't happy with the evidence, she interviewed me and my wife, then told us she will ask for more documents and she will send us a letter, explaining what we need to do. I never received anything from them so I made an info pass appointment and took more proofs ( same proofs the officer was asking about during the interview since I didn't take any with me that time). after a year they rescheduled my N400 interview, I went again with my wife hoping to have a joint interview and end this nightmare, unfortunately, they only ask about N400 and I passed the test but they said they have to wait for the decision of I751, this was back in June 2019. no updates since then.
Last September 2019, I went to have an info pass to extend my I515, I asked the officer about the status of my case, he said that the background check was completed and my case is in the queue waiting to be reviewed by a supervisor, however, all service requests still come up as waiting for background checks. 
I'm from Algeria. 
I've been married since 2015, living together filing taxes together, life and health insurance, trips, bills, no criminal records, I came here as a student and I'm still a student finishing my master's this year. 

[African Zealot 1,452]

15 minutes ago, kasper-k said:

I'm from Algeria. 

That may be your answer right there. You should have revealed this earlier after I asked instead of giving bits and pieces of your story and leading us on a wild goose chase fact finding odyssey.

 

Google Controlled Application Review and Resolution Program (CARRP), things will become clearer to you. I suppose you’re a Muslim?

Edited March 4, 2020 by Ray.Bonaquist

[kasper-k 2]

4 minutes ago, Ray.Bonaquist said:

That’s your answer right there. You should have revealed this earlier after I asked instead of giving bits and pieces of your story and leading us on a wild goose chase fact finding odyssey.

 

Google Controlled Application Review and Resolution Program (CARRP), things will become clearer to you. I suppose you’re a Muslim?

I see your point. I looked it up and I'm now terrified, yes I'm Muslim, so what should I do ? how do I know if I'm listed in that program ? will filling for WOM helps ?

[Loren Y 2,732]

57 minutes ago, Ray.Bonaquist said:

That may be your answer right there. You should have revealed this earlier after I asked instead of giving bits and pieces of your story and leading us on a wild goose chase fact finding odyssey.

 

Google Controlled Application Review and Resolution Program (CARRP), things will become clearer to you. I suppose you’re a Muslim?

I just read it, looks like you nailed that exactly.  I have never even heard of that. really sucks for the OP, and I think from what I read the chances of ever getting the 751 approved is .0001 percent. Pretty shady considering OP has been here 5 years with no problems, you think that would count for something.

[portorusa 431]

OP, it's time to lawyer up. IMHO.

https://www.nolo.com/legal-encyclopedia/carrp-program-creates-long-delays-muslim-americans-applying-immigration-benefits.html

 

[Dashinka 23,267]

3 hours ago, kasper-k said:

I see your point. I looked it up and I'm now terrified, yes I'm Muslim, so what should I do ? how do I know if I'm listed in that program ? will filling for WOM helps ?

If you are on that list/program, then the WoM may be your only option.  Sounds like it may be expensive, and you may want to find an attorney that specializes in it.

 

Good Luck!

[Mounat02 63]

3 hours ago, kasper-k said:

I see your point. I looked it up and I'm now terrified, yes I'm Muslim, so what should I do ? how do I know if I'm listed in that program ? will filling for WOM helps ?

Scary stuff and unfortunately very little you can do. I've never heard of this CARRP but apparently it existed for sometime and through multiple administrations.

 

Like others have suggested, you need sound legal advice from a competent immigration attorney.

 

Good luck.

 

Edit: You could also seek help from the ACLU but that might just annoy USCIS and make matters worse for you as they have mostly an adversarial relationship.

Edited March 4, 2020 by Mounat02

[DSOTM1973 52]

3 minutes ago, Bill & Katya said:

If you are on that list/program, then the WoM may be your only option.  Sounds like it may be expensive, and you may want to find an attorney that specializes in it.

 

Good Luck!

Not really. I was watching that documentary about the Iranian husband, who was on the list while applying for I-485 (plus He lied about being in Military at 18, defo more complex case than the OP), and nothing worked out for them for 5 years. Either way, If he is on the list, and ended up filing WoM, the USCIS will tell the judge it is a national security case, and they can't approve it, and the judge will basically hold their decision. Thus, the case most likely get denied under that "National Security" Umbrella, and the OP will be in a bigger mess.  

 

I don't think any of us, or any Immigration Court can help at this point. 

 

Good Luck

[Dashinka 23,267]

45 minutes ago, DSOTM1973 said:

Not really. I was watching that documentary about the Iranian husband, who was on the list while applying for I-485 (plus He lied about being in Military at 18, defo more complex case than the OP), and nothing worked out for them for 5 years. Either way, If he is on the list, and ended up filing WoM, the USCIS will tell the judge it is a national security case, and they can't approve it, and the judge will basically hold their decision. Thus, the case most likely get denied under that "National Security" Umbrella, and the OP will be in a bigger mess.  

 

I don't think any of us, or any Immigration Court can help at this point. 

 

Good Luck

You are right, I read about that case.  Might be a case for the ACLU, but not sure if there is anything they can do either.

[African Zealot 1,452]

2 hours ago, DSOTM1973 said:

Either way, If he is on the list, and ended up filing WoM, the USCIS will tell the judge it is a national security case, and they can't approve it, and the judge will basically hold their decision. Thus, the case most likely get denied under that "National Security" Umbrella, and the OP will be in a bigger mess.  

Exactly what I told him in a PM. Best advice to him is to not stress and go about life until it works itself out. Easy for me to say though since I'm not in his shoes.

[Russ&Caro 1,548]

I think the member mindthegap was going to file a writ of mandamus on his i-751 case a few months ago. Maybe he'll weigh in on this thread as his case has been pending a long time, too.

[geowrian 22,335]

CARPP involvement is possible. But also given the OP's case history, it might also be completely unrelated. It's not unheard of for this kind of delay when they suspect fraud either.

WoM is certainly on the table as an option here, if you want to go through the process. Seek a an attorney experienced with both WoMs and ROC.

As you're aware, it may or may not work in your favor. Good luck.

[mindthegap 2,535]

15 hours ago, Russ&Caro said:

I think the member mindthegap was going to file a writ of mandamus on his i-751 case a few months ago. Maybe he'll weigh in on this thread as his case has been pending a long time, too.

Still thinking about it...

 

My FOIA request returned with so many redacted pages it is next to useless...I did find out a handful of minor details I wasn't aware of before, but undecided how to proceed at this point. 

It has now been more than 12 months since my N-400 interview was cancelled on the day and promised an expedited reschedule (ha!) and now 2.5 years since the second I-751 was filed. If I had had my N-400 interview then a writ would be more appropriate, but as I haven't it is a little more unclear, despite both being classed as well outside of normal processing time.

 

USCIS. Absolute ****ing clowns the lot of them.