LynetteMN

dont waste your time with senators office. they are useless. file a mandamus and get a decision in 60 days . 4+ years ouch . you have patience to wait this long 

Anyone else from the November 2019 filers still waiting?

We have reached pretty much the end of the rope when it comes to wait time. We do have a couple of things in life that need me to have my conditions removed and my physical card in hand at this time.

We did contact our Senator and they made an inquiry on our behalf, but all that came back is that it is ready to be scheduled for an interview (which we knew and can see online and it has been ready since Feb 2021) and that they do not provide processing times for I-751.

Case was initially in Lincoln, NE then transferred to Lee's Summit and then to Denver (which is our closest field office).

 

Thank you Lynette for the kind words. Iam here to help those that have this frustrating experience. Feel free to reach out to me should you need any assistance 

What is a Mandamus ?
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) 
 
 
Here is the basic essence of wom process :
 
Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.
 
The complaint will need the following information
1) Nature of the Complaint:
 
You can write the complaint in simple English using the above template document and asking for something like below :
 
Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751)  with  receipt number  WAC21900XXXX  and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate  hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.
 
2) Second part is jurisdiction in the compliant .
 
You can says that the court has jurisdiction cause you live there as per  8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district  you reside if the defendant is a United States officer
 
3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)
 
So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision  on your case in. 90/120/150 days “
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below 
 
You talk about the i-131/i-485/i-751 Petition you filed .  You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1)  you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . 
 
Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress  has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition 
 
To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12)  and failed to adjudicate your case as set by Congress.
 
4) Last part of the complaint is relief
 
This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end
 
That is the end of complaint and your mandamus (Writ of Mandamus) 
 
It should be about 4-5 pages max
 
5) Attachments 
You attach a print out of your i-131/485/751 receipt, green card( if applicable)  , USCIS processing time print out from USCIS.gov website
 
Along with complaint you need the following 
1) civil cover sheet 
2) summons
 
 
Here is a
link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )
link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )
 
 
Step 2: Filing the complaint with court:
 
Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court
 
Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons
 
Make a check for 402$ for filing fee
 
Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions
 
So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. 
 
Step 3 Serving the Complaint to defendants (USCIS/DHS) : 
So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court
 
So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court
 
Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC
 
Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers 
 
Address for US attorney can be obtained by calling your local us attorney office
 
USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485
 
Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001
 
So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS
 
The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate. 

Yes, it is scary and frustrating.
No, I have not applied for N-400 yet. and no I have not received my 10 years green card yet...  Still waiting for a response... 3 years 6months and counting....
Anyone has any advice on how do you get your field office to look at the 1751, other than proceeding with N400 will be much appreciated.
Thank you!

If I was in your shoes, I would hire a lawyer for this. It's not a straightforward process and most of people use professional help.
 
However, here's DIY instructions :
 
 
 

Hello anyone got any updates for I751 Nov 2019 submission?
I have not heard anything back at all since 2022. 

It is really frustrating.. We went to a lawyer recently to ask what can be done to get the USCIS to work on our case.. and his advise is to wait... he said the USCIS gets hundreds of legal letter a day, and he don't think it will change much.. 
I also submitted a few inquiries to USCIS since April 2022, no response as well..
Not sure what else can we do.. I have not been home since Covid happened and I miss my family and friends.. I'm planning to go back next year.. fingers crossed I will get my GC by then.. but i doubt it...
Good luck to you..

29 months will be my wait as well. Letter arrived and interview date is in Orlando on April 26th. 

Thank you! I really hope so too.. Been waiting for 2 years and 4 months.. not sure how long more i'll have to wait.. 
I hope the interview will be smooth and easy for you as well.  

Our paths are quite similiar.. I feel optimistic! But it all depends on your local office. Crossing fingers and toes for you. And thank you !

Would you look at that....got THE email today that I shall have an interview letter coming! 28 months since I filed. MSC. Orlando office has movement lol. 
 
 

It is long. And I question myself at times wondering why I am fretting the wait lol. Nothing changes. One can work. One can travel. One can live with one's spouse and shop and cook and argue and love lol. And yet....come on already! 😂
Ugh. Not sure what a lawyer can do for you. You did the hard part already yourself. If I have to drive every year to Orlando for a stamp then so be it. 

Interview was so chill. My case status updated when I left the office. It's now "card is being produced". Woohoo!

I mean, since the first 2 yr GC, then this 10yr one.. it's a long time coming! But I waited a year to finally be scheduled an interview.

Woke up to an update saying my interview is scheduled!!! No idea when though, will there be more info in the Notice when it arrives in the mail?
 
How long is it does it usually take after the interview to get the GC? Assuming the interview goes well...this has been almost 6 years in the making so it better go well 🤣

Just talked to a USCIS rep, current processing times for MSC is 22 to 36 months. 😣

I honestly think the 2 year card should be eliminated.  Statistics show that less than 5% of I-751s are actually denied.  

It’s highly unacceptable what USCIS is doing to you guys.  You are almost 36 months deep since April 2019 if this were to drag out to April 2022.  If they can’t handle their own workload then maybe they should revert back to giving all spouses 10 year green cards from the start.  I know there is fraud but there is also fraud with 2 year conditional GC’s too. 

YSC fillers, my case updated to card being produced today, my receipt is from Oct 31st 2019.

LOL it was a pain.. and a long wait.. but the trick is when you called just tell the operator "technical problem" and they will put you to a live agent..  

Congrats Pat! 
No luck for LIN files... Still waiting...
 

@LynetteMNThank you, I hope you hear back from them soon. 
I have the USCIS app installed on my phone and I used to check it everyday. 2 days before receiving it through mail, I got the notification that it was approved.

You just gotta wait! The fact they transferred your case is a good sign! 

Last update:
Received the card today.
Good luck everyone who is still waiting.