sue uscis
#1
Thread Starter
Forum Regular

Joined: May 2007
Posts: 32

Has any body sued uscis on a case like I-130 has taken more than 2 years
#4
Thread Starter
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Joined: May 2007
Posts: 32

still at csc
case under name check
it passed that 120 days they asked for
we filed i-129f too and it passed more than 140 days on it and no approval
it seems they hold it too untill name check done with i-130
we are thinking to sue them
case under name check
it passed that 120 days they asked for
we filed i-129f too and it passed more than 140 days on it and no approval
it seems they hold it too untill name check done with i-130
we are thinking to sue them
#5
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Joined: Aug 2002
Posts: 38,864
From: Kentucky











Go ahead... sue them... unless you think that there might be some retaliation in the form of a denied petition. It's up to you though.
I find it interesting that every time someone asks you where you're from, you do *not* respond. What are you hiding?
Ian
I find it interesting that every time someone asks you where you're from, you do *not* respond. What are you hiding?
Ian
#7
Thread Starter
Forum Regular

Joined: May 2007
Posts: 32

you think they will be mad and deny the case
#10
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Joined: May 2007
Posts: 32

we filed the petition i-130 more than 2 years ago and they told us that it will tale up to 999 days so we call all time and they tell us the case still pending ,
about 130 days ago they told us that the case under name chech allow 120 days so we did and we called them and they confuse us no straight answer
more than 140 days ago we filed for i-129f and no approval
we have a lawyer and he told us may be they hold i-129f because of i-130 name check,and advised us to sue them so they make a decision on our case
i just want to ask here if any advise
thank you
about 130 days ago they told us that the case under name chech allow 120 days so we did and we called them and they confuse us no straight answer
more than 140 days ago we filed for i-129f and no approval
we have a lawyer and he told us may be they hold i-129f because of i-130 name check,and advised us to sue them so they make a decision on our case
i just want to ask here if any advise
thank you
#11
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Joined: Aug 2002
Posts: 38,864
From: Kentucky











Ian
#14
The lawyer is *not* advising you to sue them. He is advising you to file a "Writ of Mandamus". The writ forces them to make a decision. A recent memo from USCIS indicates that they will *not* honor any writs that result from the background check taking a long time. Your lawyer should know this. If he doesn't, I suggest you get a new lawyer... because yours is an idiot.
Ian
Ian
I agree with Ian. Thought that filing a writ against the USCIS for backlog on FBI name clearance was now prohibited.
#15
The link was last updated on May 21, 2007. I believe the change was around that time.
Sorry further research showed the change to be in February, 2007
http://britishexpats.com/forum/showt...it+of+Mandamus
Last edited by Rete; Jul 17th 2007 at 2:48 am.




