Has anyone filed Mandamus For I751. ----8 CFR § 216.4.

[Sam213141 2]

Hi

 

I did came across this  info recently for I 751 Mandamus 

 

The purpose of these petitions is to prove your marriage was entered into in good faith in order to receive your 10 year permanent resident card. According to the law, USICS has a maximum of 180 days to decide your case after you file it. They have 90 days if they skip an interview. The relevant parts of the rule states:

(b)(1) . . . The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.

(c) . . . The director shall adjudicate the petition within 90 days of the date of the interview, unless the interview is waived in accordance with paragraph (b)(1) of this section.

8 CFR § 216.4.

 

Has anyone filed Manadamus under this law. I see lots and ots new cases being approved and old ones keeps gathering dust. I see lot of people says just wait for your turn to come. How much wait is how much wait. In my opinion you are still in Limbo until your cases is decided. lot of things can go wrong- be it change in your personal relationship, be it divorce, be it death of spouse or be it you travel outisde and get stuck for whatsoever reason. If we says there is backlog then it should that someone who filed two years need to be decided first rather that someone who filed one year or later and so forth. will appreciate opinion of the people. 

 

I know as an Immigrant lot of people like to keep quiet because of the fear including me .

[OldUser 4,874]

Yes people file mandamus on I-751 all the time. And if N-400 is pending while I-751 is pending - both get included in the lawsuit.

 

[R&OC 354]

I filed a mandamus for two N-600’s after our cases got stuck forever. I was very concerned about possible pushbacks but it caused the cases to finally get adjudicated.

[Allaboutwaiting 2,500]

No amount of complaints will change the system.

There are numerous USCIS internal reports that highlight a series of issues throughout the process and go in full detail about the possible solutions. Nevertheless, the issues continue and have gotten worse.

 

The most prevalent problem is precisely what you pointed out: cases are not processed in the order they arrived and the wait for your case to be "touched" can extend indefinitely.

Funny enough, actually reviewing and approving a case is quite fast -if all the requirements are properly fulfilled at that point-.

 

The WoM forces the USCIS to take a decision, and even though it will indeed move things, there is a risk of it backfiring, e.g. if a very important document is missing when they proceed with the mandamus request, the reviewing agent can decide to deny the case rather than issuing a request for evidence.

 

That being said, the I-751 does not need a WoM; filing for naturalization will get things moving, so if you're stuck at the moment, just file the N-400.

[Crazy Cat 39,313]

17 hours ago, Sam213141 said:

Hi

 

I did came across this  info recently for I 751 Mandamus 

 

The purpose of these petitions is to prove your marriage was entered into in good faith in order to receive your 10 year permanent resident card. According to the law, USICS has a maximum of 180 days to decide your case after you file it. They have 90 days if they skip an interview. The relevant parts of the rule states:

(b)(1) . . . The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.

(c) . . . The director shall adjudicate the petition within 90 days of the date of the interview, unless the interview is waived in accordance with paragraph (b)(1) of this section.

8 CFR § 216.4.

 

Has anyone filed Manadamus under this law. I see lots and ots new cases being approved and old ones keeps gathering dust. I see lot of people says just wait for your turn to come. How much wait is how much wait. In my opinion you are still in Limbo until your cases is decided. lot of things can go wrong- be it change in your personal relationship, be it divorce, be it death of spouse or be it you travel outisde and get stuck for whatsoever reason. If we says there is backlog then it should that someone who filed two years need to be decided first rather that someone who filed one year or later and so forth. will appreciate opinion of the people. 

 

I know as an Immigrant lot of people like to keep quiet because of the fear including me .

I would file an N-400 (if you qualify) before filing a WOM.  I have seen only one or two I-751s processed within 90 days....and those were used to boost USCIS numbers.

Edited April 20 by Crazy Cat

[SalishSea 16,794]

Sure, anyone with a spare $6k can file a WOM.  Go for it.

[OldUser 4,874]

19 minutes ago, SalishSea said:

Sure, anyone with a spare $6k can file a WOM.  Go for it.

Or @igoyougoduke's method of self-filing for ~$400

[OldUser 4,874]

7 hours ago, Allaboutwaiting said:

The WoM forces the USCIS to take a decision, and even though it will indeed move things, there is a risk of it backfiring, e.g. if a very important document is missing when they proceed with the mandamus request, the reviewing agent can decide to deny the case rather than issuing a request for evidence.

Unlikely, but if happens it can be challenged too due to USCIS not following their process. In my limited experience of dealing with USCIS, their adjudicators get softer no harsher with lawyer involved in the case.

[igoyougoduke 1,605]

On 4/20/2024 at 3:40 AM, Allaboutwaiting said:

No amount of complaints will change the system.

There are numerous USCIS internal reports that highlight a series of issues throughout the process and go in full detail about the possible solutions. Nevertheless, the issues continue and have gotten worse.

 

The most prevalent problem is precisely what you pointed out: cases are not processed in the order they arrived and the wait for your case to be "touched" can extend indefinitely.

Funny enough, actually reviewing and approving a case is quite fast -if all the requirements are properly fulfilled at that point-.

 

The WoM forces the USCIS to take a decision, and even though it will indeed move things, there is a risk of it backfiring, e.g. if a very important document is missing when they proceed with the mandamus request, the reviewing agent can decide to deny the case rather than issuing a request for evidence.

 

That being said, the I-751 does not need a WoM; filing for naturalization will get things moving, so if you're stuck at the moment, just file the N-400.

not true at all and there is no evidence to prove that .  WOM gets a decision ( Approval or Denial). if you screw up your documents neither wom nor uscis can help. its not USCIS fault

 

WOM has 0% of back firing.