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  1. 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.
  2. Dear all, Hope you are having a good day! I need urgent advice on this very complicated situation I am in right now. If anyone already went through this or has experience with the topic, I would be happy to have your feedbacks! Long story short. I was living in the US and got my permanent Green Card in 2019. In 2021, I filed for the reentry permit (I-131) because me, my American husband, and our daughter, we came to my home country, Switzerland, and I anticipated staying more than 12 months. We didn't exactly know how long we would stay because of various reasons. So, to be on the safe side, I applied for the permit. I knew I had to physically be in the US to file for the reentry permit that is why I sent my application while in the US. I sent it on October 28, 2021 (I have the USPS receipt) and USCIS cashed my check on November 2, 2021. I left the US on October 29, 2021. Just two weeks after, I received the letter from USCIS saying I don't have to give my biometrics because they already have it. Just wait for the decision. In my application, I indicated that I wanted my permit to be sent to the local embassy in Switzerland because that is one of the option when you are abroad. I knew it woud take quite some time to receive a decision because of the backlog at USCIS. So, I waited 17 long months and yesterday, I got their letter saying my case was denied. I'm in disbelief! The reason is: "USCIS records indicate you departed the United states on October 29, 2021 and you have not returned. USCIS records further indicate that you filed your application for reentry permit on November 2, 2021." Why do they mention that I filed on November 2? I sent everything on October 28. Is the date of reception at USCIS the date of filing? I'm lost. I want to appeal because there must be a way out of this. Also, how many times can one file for this permit? If I appeal and it gets denied, can I file again next time I'm in the US? Thank you in advance!
  3. Hi all, I wanted to make this group to post updates on everyone's AOS/EAD/AP etc. I'm personally very interested in everyone's work authorization status, if you've already received yours? My timeline is; Feb. 24 2023: AOS/EAD/AP submitted Mar. 03 2023: Rejected (used an old version of form) Mar. 04 2023: AOS Resubmitted Mar. 28 2023: RFE received May 19 2023: response to RFE submitted Waiting since.
  4. I was outside US for nearly 6 months and came back recently. I would have to travel in another 2 - 3 months for another couple of months. So, am considering applying for re-entry permit. - What are the chance of getting 'Notice of Receipt' within 2 - 3 months? - How does USCIS determine to apply previous biometrics to the current application? The latest biometrics taken off me was in 2017. - Can we travel outside US with 'Notice of Receipt'? Please advise!
  5. Hello, I recently submitted my application to USCIS that included forms I-130, I-30A, I-485, I-864, I-693, I-765 and I-131. However, my payment was declined because my bank thought the charge coming from USCIS was fraudulent. I received my application back today and it came with a green slip that said to refile with the green paper on top. The applications all came stapled together, my medical examination form came back open and some of the evidence I had submitted is out of order. Is it okay to re-submit the application as is alongside a money order. Or should I remove the staples, organize everything again and get a new sealed envelope from my civil surgeon? Thank you in advance
  6. Hi; Our family applied i-131, Travel Document, re-entry permit based on permanent resident applying for a re-entry permit on October 2021. And then, last week February 21, 2023, I-131 Case Was Denied. What can we do? Can we reopen and USCIS reconsider our I-131, again? We did not revive a denial notice by letter yet. We had greencard since March 2021, and applied I-131 on October 2021. USCIS revived a fee on December 2021. We received I-797C, and had finger print on April, 2022. Best Regards; -H. Yasu
  7. I am GC. I applied for reentry permit and got biometric done 1 year ago. My case is still pending. I left the US for 1 year. Should I come back before 1 year mark just to be safe. Thank you
  8. This USCIS page (https://egov.uscis.gov/processing-times/historic-pt) shows historical processing times for different kinds of immigration applications, among them I-131s. However, it splits the I-131s into 3 categories: "Advance parole document," "Parole in place," and "Travel document." The first two categories have much shorter current timelines (5-6 months each) than the third, which sits at 14.5 months. Which of these categories is relevant for a K1 visa holder who has arrived in the US, married, and filed for a I-485 adjustment of status? Or perhaps are they all relevant, meaning that the whole process may take the sum of all of those timelines? 😱
  9. Hi fellow applicants, My wife (U.S. citizen) and I (formerly F-1 student) applied for my adjustment of status (plus I-130 and I-765, but no I-131) to permanent residency way back in May 2020 (;_;) and we're still waiting for it to be granted... Timeline is below. Latest update from the USCIS is that our interview is "ready to be scheduled", but that was back in March 2022 with no interview scheduled yet. My sister's getting married abroad in February 2023 - so in March we had thought surely the green card will come by February, but no sign of it yet... We had also reached out to our Congressperson last month for any update on our case, and received a reply yesterday: If the interview is ready to be scheduled since March, but the case is still in Chicago, does this mean they're considering waiving the interview? Otherwise, wouldn't the case be handled in the San Antonio field office (our closest)? So now I'm facing a choice: Wait for the green card and hope I can travel in February (which would be 11 months after "interview ready to be scheduled") File I-131 for travel authorization (at an additional cost of $575 to this already-expensive process) which we may or may not get by February...
  10. Hello everyone, - I applied for re-entry permit on November 30th, 2021, - Received NOA December 02nd, 2021 (Nebraska Center). - Received Biometrics letter December 11th 2021. - Attended Biometrics appt on January 05th 2022. - Left the USA on February 01st 2022. - NO NEWS after that, still outside the US waiting for the my re-entry permit and confused whether to travel back to avoid the one year issue or just wait for it even I pass the one year period. very confused. BTW, for people asking for fingerprint re-use, don't risk it, they took my biometrics less then 6 months and still took them again for the re-entry permit. Don't risk your case based on other people's cases, each case is different. Also, anyone knows whether the 2 years period starts from the approval date ? or the filing date ? if it's the filing date then the applicant would already loose more than a year from their allowed time.
  11. Hi, My wife has applied for an emergency advanced parole because her sister is very sick and could pass away. We have an appointment tomorrow. My question is just about the list of things we're required to bring, that they sent in the email notice. The last item is "A completed Form I-131, Application for Travel Document, with payment (if payment is required)." We already have a pending I-131 application for her and will be bringing the I-797 NOA for it. So, will we have to pay again? Thanks,
  12. Hello I have a valid advance parole for 1 year as. I am awaiting my adjustment of status, I would like to start early enough to re-new my travel document since 6 months already elapsed: 1- Can I submit a new I-131 application 6 months in advance before expiry of my current advance parole? 2- Can I fill in and submit the new I-131 form while I am travelling outside the US with my current advance parole? Thank you
  13. Hi All, am a LPR applying for re-entry permit (as I plan to do an exchange program overseas )and wanted to know others experience with the below: 1. How long after sending the package did USCIS cash the check? 2.How long after sending the package did you get the NOA? 3. How long after sending the package did you get your biometrics appointment ? P.S : My processing center would be Dallas,Texas as I am a Georgia Resident. Thanks!
  14. Hi Everyone, We filed I-130 and I-485 together for green card for Spouse of US citizen in Sept 2021. Biometrics were taken in Oct 2021. I-485 is moving forward with status showing "case is actively being reviewed" while I-130 is still pending on "Just Received". It has been now 8 months for I-130 not moving and we tried to enquire about that and we were told that it is still in "pre-processing/background check" and that cases in this phase cannot be expedited. 1- Is this usual 2- Is there something we can do about that? Thank you
  15. Hello, I am currently filling out the I-131 on behalf of someone outside of the United States. I know I will be filling out my personal information in Part 9 under Preparer's Information. I will be filling out the beneficiary information in part 2 starting at 2.a. However, I'm not sure whose information I should be placing in Part 1 (the very first page). Should I be placing my name as the preparer? or should I place the name of the person who will receive this benefit? Thank you, Dana
  16. My dad was diagnosed with advanced stomach cancer recently, so I filed an expedite request for I-131. However they denied my request because they don’t think it’s an emergency. My own father is dying and this might be the last chance I can see him, but this is not an emergency, they say. Ironically, the field office transferred my case to NBC on Thursday 01/06/2022, and they made the decision right next day. How can they just deny a request like this so quickly and so ruthlessly? I don’t understand. I don’t know what to do right now. My father doesn’t have too much time to live. As I am typing this, my heat is bleeding, I am loosing the hope of my life…
  17. Hello, I’m asking for my friend who got done with her biometrics last week. We just noticed that there is no barcode for I-131, travel documents on Biometric letter. Only 2 barcodes for I-485, and I-765 on it. The status on USCIS web shows I-131, so she definitely sent applications and USCIS accepted. Is this common thing recent days? I applied for same thing and there were 2 barcodes for I-765, and 131 at the time, but it was 3 years ago, so something has changed?
  18. I decided to create this group for 2021 AOS filers from Washington D.C., so we can share our experiences, timelines and any information that may help each other along this journey. God speed and Happy Thanksgiving to everyone.
  19. I had applied for both travel Parole(I-131) and EAD(I-765) (pending I-485 Employment base) together I received my I-131 approval letter not card a month but not yet revived my EAD yet. My wife applied as my dependent she got both her I131 and I765, is this something normal ? Has anyone been in this situation ? Any input will be great help
  20. Hi everyone! I have a pending I-485 case and my EAD/AP combo card expires on Sept. 22. We haven’t received any word on our green card interview yet, so we decided to go ahead and submit our EAD/AP renewal applications this month just to be safe. We sent the applications via USPS Priority Mail on May 10 and it was supposed to arrive on May 12. Instead, we received an “In Transit - Arriving Late” update on our tracking page and it has been stuck on that since May 16. We opened a case with USPS last week and did not have any luck getting any updates from them (followed up with them daily). We didn’t want to delay the renewal process further, so we decided to re-send our applications - this time, via UPS Next Day delivery. The moment I got home from the UPS store, I received an email from USPS saying: “Our records show the Priority Mail Item #*** was scanned and distributed to the PO Box unit (60680) May 12, 2021. It is very possible for the item to have been delivered without a scan, if an item is not scanned the tracking will not update. Also, it could take up to 15-30 days for USCIS to send a notification of receipt.” **sigh** It’s still not a definitive answer or a guarantee that the package was, in fact, delivered safely... but now that our second application has been mailed out, is it going to cause any issues down the line if USCIS does indeed have the original application? We included cover letters on our new applications that explained the situation and stated that this was our second attempt at filing these renewals, but I’m not sure what else to do, since we haven’t even received any case notifications. Has anyone been in a similar situation? Thank you!
  21. Hi My wife is US citizern and she filed for me I-130, at the same time I filed I-485 and I-765 as I am inside the US. We filed per post to Chicago USCIS center. I received 5 NOA letters with the receipt number starting with IOE and a number, no letters after. I read this means electronic processing. There were two different National Benefits Center addresses at the bottom of the letters, none of them is Chicago. Now I need to file for Advance Parole I-131 to travel abroad - I created a USCIS acccount and under > File A Form Online I was unable to find the I-131. If I want to file per post the I-131 then I do not know where to send it to whether also Chicago or the new centers in the letters but again I have now 3 different possibilities! Any similar experience please let me know. Thank you.
  22. Hello. I'm a military spouse and a U.S. permanent resident. We're PCSing to Japan next month. Due to the medical reasons, EFMP didn't recommend me to travel overseas (mainly because of the medications I used to take in the past). Because of this, command sponsorship was denied, meaning my name is not on the order my husband received. Thankfully I still have a Japanese citizenship, and will have healthcare when I move there, so I decided to accompany him. My main concern is the USCIS might think I've abandoned my permanent resident status by going back to my home country. We've contacted USCIS military help line several times, but each time we talk to them they give us different answers. Some told me we should file I-131 (request for reentry permit) before we leave, but it expires in 2 years and we'll be in Japan for at least 3 years. It means I might have to come back to the States to file the form again or pay fines when coming back for overstaying. Some agents told us we could file it when we come back to the States, but said it's "totally up to your decision," which confused us even more. I understand as a military spouse, I may still be allowed to reenter the country even with the expired green card, but I'm still worried that I might have issues with USCIS because of it. We've scheduled an appointment with the military base legal office to discuss about our situation next week. Did anybody experienced the same/similar situations? The reason why we still haven't figured this out yet is because EFMP process took so long and my husband received the official order less than a month ago. Since we don't have much time until we leave the country, any advice is greatly appreciated. Thank you very much.
  23. Here in this post I explain my situation and timeline: https://www.reddit.com/r/USCIS/comments/mm42wp/i131_after_expedite_request_approval/ I got Expedite Request Approved on 03/31/2021 but today 04/12/2021 I received the Expedite Request Denied in my uscis account. I called the USCIS and the officer said she cannot see the denied one but only the approved one. Since she is tier1, she make a call appointment for me with tier2 officer. Does anyone knows what happened? Btw, i contacted the senator officer and asked them to help to see what is going after the the expedite request approval. They sent email said they have contacted the uscis this morning 04/12/2021. I dont know if this rejection is based on the senator office request or not.
  24. I am filing concurrently for my mom. And I am trying to figure out what it means in the I-131 instructions when it is asking for an evidence showing circumstances that warrant AP? Also, for the copy of document showing present status, is it I-94 even though it is expired?
  25. We filed for I-485 (Spouse of USC) in the first week of July 2020 with Biometrics in the 3rd week of January 2021. There has been radio silence since the biometrics. USCIS tier 1 representative informed me that the current EAD processing time is 3.5- 11.5 months, and I would have to wait. While AP processing is 3-5 months and the rep went ahead and filed for a service request. Can anyone please tell me if one gets a combo card only after both I-756 and I-131 get approved? Will service request for AP expedite EAD as well? Or, does one get them separately if only AP is approved?
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