VAWA, Part 25

[Rhema1 342]

1 hour ago, Kly said:

Thank to god.   Queen New york, vawa approved sept 2019,, I485 feb 2020,,, medical examination Agust 2022,,,3 week after they received it.  Agust 27 2022 new card is being produce, today approved.  God answer keep the faith.

 

Congratulations!

[shiva32 240]

8 minutes ago, Makanaki said:

I intend getting my GC through my VAWA application via the Mandamus. I just want my daughters case to be completed and I will not hesitate in filing a mandamus. It’s actually faster to become a citizen through the military - at most 6months from submission. Will definitely keep you posted

Please talk to an experienced family based immigration lawyer on pros and cons of Gc thru vawa vs Gc thru your daughter sponsoring you, to see which is faster / safer / cheaper. Mandamus costs 4-5 thousand dollars. I don't know if you have inadmissibilty issues or other complicating factors that might favor one way or the other, also I know only a little bit about getting GC as family member of US citizen  / military service member. @Demise please chime in with your legal wisdom. 

[Rhema1 342]

45 minutes ago, shiva32 said:

Well they can always send a routine congressional inquiry, i dont know why your congressperson is so stingy with a simple service. Shop around till you find a congressperson or senator willing to do this for you. But its true that uscis will just respond in 30 to 45 days with a boilerplate answer that they are working on your case. unless they sent you rfe or noid and you didnt get it, in that case they will tell congressperson that they sent RFE / NOID. For example my lawyer misplaced RFE for medicals and i never got it, only found out when USCIS told senator that they sent RFE and were waiting for my response. They never updated online portal for the RFE either. So that is one thing - information, that is advantage of a congressional inquiry.

 

Mandamus - completely depends on the judge you get, but usually any petition beyond two years the judge will frown at uscis and may be more likely to rule in your favor if the case goes to court. I think that is probably why VSC limits the processing time to as close to two years as possible, they know they will have a slew of court cases if they make their "posted" processing times more unreasonable than that. (criticism welcome from forum, this is just my opinion.) More importantly USCIS hates going to court, as that is a lot more work for them. They will likely approve your case faster if you file a mandamus at the two year mark. See @RKE 's post a few pages ago. They filed mandamus after about three years and got to green card in a few months. Now whether you want to file mandamus now or later is completely up to you. But it seems rational to wait the full 26 - 27 months for USCIS to get off their voluminous posteriors and adjudicate your I360. 

 

https://www.jeelani-law.com/services/writ-of-mandamus/

 

https://www.hooyou.com/i-485/mandamus.html#:~:text=Sending a “Notice of Intention,evidence surrounding the potential lawsuit.

The big inconvenience here is that you need to pay about 2.5K to 3.5k and even more as lawyers fee for writ-of -mandamus process. 

Many people get discouraged to go that road. 

[Demise 1,138]

3 hours ago, shiva32 said:

Please talk to an experienced family based immigration lawyer on pros and cons of Gc thru vawa vs Gc thru your daughter sponsoring you, to see which is faster / safer / cheaper. Mandamus costs 4-5 thousand dollars. I don't know if you have inadmissibilty issues or other complicating factors that might favor one way or the other, also I know only a little bit about getting GC as family member of US citizen  / military service member. @Demise please chime in with your legal wisdom. 

@Makanaki

My advice will be same as always: make sure that USCIS has everything it needs to approve you before you file a mandamus. Mandamus just forces a decision, if something they need to approve you is missing (e.g. medicals) then they will just happily deny you.

[Section12 0]

Hello. My vawa case out of processing time, uscis never asked RFE , got 4 PF. PD is 2019 . Is anybody waiting since 2019? 

[shiva32 240]

12 minutes ago, Demise said:

@Makanaki

My advice will be same as always: make sure that USCIS has everything it needs to approve you before you file a mandamus. Mandamus just forces a decision, if something they need to approve you is missing (e.g. medicals) then they will just happily deny you.

Thanks, @Demise. So is it possible to file mandamus just for i360? Also I saw other cases who had medicals not done, filed mandamus and then were asked to submit medicals for i485. 

5 minutes ago, Section12 said:

Hello. My vawa case out of processing time, uscis never asked RFE , got 4 PF. PD is 2019 . Is anybody waiting since 2019? 

A few. Submit out of normal processing time request. 

[Section12 0]

1 minute ago, shiva32 said:

Thanks, @Demise. So is it possible to file mandamus just for i360? Also I saw other cases who had medicals not done, filed mandamus and then were asked to submit medicals for i485. 

A few. Submit out of normal processing time request. 

I sent by online, received update online account  that uscis  sent the response but I didn’t receive anything on my email. 

[Rhema1 342]

7 minutes ago, Section12 said:

I sent by online, received update online account  that uscis  sent the response but I didn’t receive anything on my email. 

Mostly do congressional inquiries. 

That's the best way to expect a response from uscis regarding vawa cases. 

[Rhema1 342]

12 minutes ago, shiva32 said:

Thanks, @Demise. So is it possible to file mandamus just for i360? Also I saw other cases who had medicals not done, filed mandamus and then were asked to submit medicals for i485. 

A few. Submit out of normal processing time request. 

I think it can still go, but it's very risky. 

They are inclined to deny than to approve when something essential that was supposed to be submitted with the application is lacking 

[Makanaki 111]

35 minutes ago, Section12 said:

Hello. My vawa case out of processing time, uscis never asked RFE , got 4 PF. PD is 2019 . Is anybody waiting since 2019? 

Yes, me! No RFE as well

[Makanaki 111]

47 minutes ago, Demise said:

@Makanaki

My advice will be same as always: make sure that USCIS has everything it needs to approve you before you file a mandamus. Mandamus just forces a decision, if something they need to approve you is missing (e.g. medicals) then they will just happily deny you.

Will surely do that @Demise. Thanks always for your words of wisdom

[TBoneTX 43,433]

7 hours ago, Kly said:

Agust 27 2022 new card is being produce, today approved.

Yee--HAAAAA!   

 

[Note to T-B.'s self:  Joke worked again... joke worked again...  )

[Rosa Garcia 59]

1 hour ago, Rhema1 said:

Mostly do congressional inquiries. 

That's the best way to expect a response from uscis regarding vawa cases. 

I have been waiting since 2019 too. No PF. Involved senator congressman and ombudsman with no success. Sent multiple letters and inquiries with no reply or generic response.Thinking about mandamus more and more

[Rhema1 342]

14 minutes ago, Rosa Garcia said:

I have been waiting since 2019 too. No PF. Involved senator congressman and ombudsman with no success. Sent multiple letters and inquiries with no reply or generic response.Thinking about mandamus more and more

Congressman inquires: No success or No responses?

[Karman 58]

I emailed my congressmen to enquire about my status of form I-360 today. As @shiva32 said it is going to take anywhere between 30 to 45 days. So now I have to wait that many days and once I receive any update I will share here.