Writ of Mandamus for AOS

[Gomast 65]

I didn't find too much information in this forum about WOM, so I wanted to share my progress so far.

I filed I-485 on September 2019. Normal processing times in my field office are 15.5 months. I have been waiting for a decision for almost 3 years. I had an interview on February 2022. Filing outside normal processing times requests, inquiries to my senator, congresswoman and ombudsman did not help me.

 

I filed the complaint to the federal court a few weeks ago. That same day, the judge issued an order, returning my case to the USCIS and giving them 120 days to make a decision in my case. That same day, court closed my case. The USCIS hasn't yet filed a response to the court. I believe that even after the court marked the case closed, USCIS can file a notice of appearance within the 120 days. If the USCIS doesn't provide an answer within 120 days, I think that the judge can issue time extensions, so it seems like there is still a long way to go.

 

On a positive note, at least I'm here with my wife, and we don't have to do this process while maintaining a long distance relationship, like we did during the k-1 application.

 

 

 

[Crazy Cat 39,136]

29 minutes ago, Gomast said:

I filed I-485 on September 2019. Normal processing times in my field office are 15.5 months. I have been waiting for a decision for almost 3 years. I had an interview on February 2022.

On what basis did you file the complaint?  Too much time after the interview?

Edited May 26, 2022 by Crazy Cat

[Boiler 43,360]

My expectation is that somebody will pull the file out from whereever and get it processed. My suspicion s that some cases are sat on where they think the case is not real in the expectation it will go away, no evidence to support that.

 

You have waited a long time.

 

Yes they can ask for an extension, but would need to say why.

[Mike E 11,722]

I wonder why the judge thinks USCIS needs 210 days to decide this case. 
 

The good news is you will get (or at least are legally entitled to get) a 10 year green card which is rare for I-485 from K-1.  That’s black mark against the director of the field office. Karma has a way of exacting revenge. 

[Gomast 65]

The main argument is that USCIS should make a decision within a reasonable time and that the court has the authority to compel the USCIS to take action if my case unreasonably delayed.

 

In the order, the judge said that he adopts the analysis, and he can either hear my merits or send it back to the USCIS for further proceedings. He sent it back to the USCIS and they are ordered to make a determination within 120 days. If they don't comply, I can request the court to reopen.

[Boiler 43,360]

The only thing different to the cases I have seen is that the timeline seems to be 90 days, but that may vary by Court and Judge.

[Mike E 11,722]

This doesn’t answer the question why does the judge think USCIS needs 120 more days when it has already had 90 days to consider your case.  90 calendar days is about 55 working days considering federal holidays and vacations. So why does this case require more than 440 hours to decide?
 

The judge should be asking USCIS to account for each of those 440 hours it spent on your case since the interview.   Granted there are some extra moving parts, such as each of you previously being divorced, but yours isn’t the first such case.  
 

 

[Boiler 43,360]

Never heard of a Court requiring an instant response.

90 days seems normal, 120 is not that far out.

[SalishSea 16,718]

I’m confused.   You say you have been “waiting for a decision for three years,” but isn’t it the case that for most of that time you were waiting for an interview, not a decision?   And in fact you’ve been waiting for a decisions since February 22 - so actually just 3 months?

[Redro 4,557]

Your case is complicated.

You lived in the US with your Israeli spouse on a work visa.

You moved back to Israel. Then divorced (through US court?).

You were petitioned for a K1 while your ex-wife adjusted status (to LPR) through an American in the US.

Divorce court order stipulated if your wife could not obtain status for your children you should file for them...

IDK... 3 years seems standard. But, I would file the mandamus to get a ruling but it might not be in your favour. 

Edited May 26, 2022 by ROK2USA

[Gomast 65]

34 minutes ago, Mike E said:

This doesn’t answer the question why does the judge think USCIS needs 120 more days when it has already had 90 days to consider your case.  90 calendar days is about 55 working days considering federal holidays and vacations. So why does this case require more than 440 hours to decide?
 

The judge should be asking USCIS to account for each of those 440 hours it spent on your case since the interview.   Granted there are some extra moving parts, such as each of you previously being divorced, but yours isn’t the first such case.  
 

 

I agree with you, 120 days seem excessive. But I hope that in my case there will be a decision within the 120 days and that the judge won't issue an extension.

 

I don't know if 90 days is the standard. I saw another WOM case with the same judge as mine. The petitioner filed I-751 on 2016. He filed his WOM complaint in February 2022. The judge returned the case to the USCIS and gave them 120 days to make a decision and closed the case. About two months later, the plaintiff's attorney filed a voluntary dismissal, but I don't know what was the result.

[Gomast 65]

18 minutes ago, Jorgedig said:

I’m confused.   You say you have been “waiting for a decision for three years,” but isn’t it the case that for most of that time you were waiting for an interview, not a decision?   And in fact you’ve been waiting for a decisions since February 22 - so actually just 3 months?

Yes, you are correct, and I was worried about it as well. It is my understanding that the court looks at how much time in total the case has been in processing from the day of filing the application.

[SalishSea 16,718]

Just now, Gomast said:

Yes, you are correct, and I was worried about it as well. It is my understanding that the court looks at how much time in total the case has been in processing from the day of filing the application.

Except that during a large chunk of that time you would have been within normal processing times.   AOS at our local field office (Seattle) has historically taken up to three years.   

[Boiler 43,360]

They could say 10 years processing is normal, the Court will look at what is reasonable

 

I seriously doubt they want to try and justify this sort of general delay, if there is a specific reason maybe.

[Gomast 65]

During the WOM process, I learned that lawyers whom I consulted with, were ok with filing the complaint even if only one year had passed from the filing date, and even when the processing times in my field office were 29 months. Currently the processing times in my field office are 15.5 months, so I've passed more than double that time.