After waiting for 42 months for my marriage-based AOS (I had my USCIS interview three years ago and have been waiting ever since for the FBI name check) my wife and I were on the verge of filing a writ of mandamus, especially given that the likely increase in filing fees is changing the calculations about being patient versus going through the legal system.

However, based on the USCIS news release of 2/20 it appears that the writ of mandamus will no longer be used to expedite name checks, at least where it is the sole reason (I don't qualify under any of the other headings).

With this in mind, is my only recourse now truly to continue 'being patient', perhaps forever?! I have visited my local office many times with InfoPass appointments and at this stage they are all amazed by the length of the wait but 'can't do anything'.

Gareth

Do you have a link to the news release? I couldn't seem to find it over on www.uscis.gov.

Never mind, I found it here: http://www.uscis.gov/files/pressrele...eChk022007.pdf

Thanks,
Rene

Fascinating! USCIS now determine what the courts can and cannot do, and who can or cannot file against them. Link please.

Doesn't this mean you can still file the writ of mandamus? It just means USCIS won't directly request FBI to expedite your name check. But it might not be the FBI's fault anyway, your checks could have been completed long ago and the information just didn't make its way into your file somehow.

Have you tried getting a lawyer or polticial rep involved?

Rene

I guess that reading it again could support that interpretation, but I'm not that confident.

We have tried many times to involve political reps. As far as I can tell, it has not been worth our time, so we are considering a lawyer but I'm not convinced they can do much more than us either in our specific circumstances beyond making sure we've done everything right.

Gareth

Manadamus seems more likely to make them tie up the files, from the threads I have seen not normal for it to be a FBI issue.

Well, that sounds more promising all of a sudden. Of course, I don't really know where the check is stuck, so I don't know if it's a waste of money until after the fact...

Gareth