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Old Jul 16th 2007 | 10:20 am
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Default sue uscis

Has any body sued uscis on a case like I-130 has taken more than 2 years
 
Old Jul 16th 2007 | 10:23 am
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Default Re: sue uscis

Originally Posted by boo42
Has any body sued uscis on a case like I-130 has taken more than 2 years
Your country of origin is ????????
 
Old Jul 16th 2007 | 10:28 am
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Default Re: sue uscis

Originally Posted by boo42
Has any body sued uscis on a case like I-130 has taken more than 2 years
What stage are you at now?

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Old Jul 16th 2007 | 10:31 am
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Default Re: sue uscis

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
 
Old Jul 16th 2007 | 10:44 am
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Default Re: sue uscis

Originally Posted by boo42
we are thinking to sue them
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
 
Old Jul 16th 2007 | 10:49 am
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Default Re: sue uscis

Originally Posted by ian-mstm
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
Or even the basis of the application ...
 
Old Jul 16th 2007 | 10:53 am
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Default Re: sue uscis

you think they will be mad and deny the case
 
Old Jul 16th 2007 | 10:54 am
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Default Re: sue uscis

Originally Posted by boo42
you think they will be mad and deny the case
Until you start to tell us your situation in total ..
suggestion will be difficult ..
 
Old Jul 16th 2007 | 10:59 am
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Default Re: sue uscis

Originally Posted by boo42
you think they will be mad and deny the case
Would you like to be sued? Would you be mad?

Ian
 
Old Jul 16th 2007 | 11:03 am
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Default Re: sue uscis

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
 
Old Jul 17th 2007 | 12:42 am
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Default Re: sue uscis

Originally Posted by boo42
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
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
 
Old Jul 17th 2007 | 2:03 am
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Default Re: sue uscis

what we have to do
 
Old Jul 17th 2007 | 2:13 am
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Default Re: sue uscis

Originally Posted by ian-mstm
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.
Disagree!

See: http://www.ailf.org/lac/clearinghouse_mandamus.shtml
 
Old Jul 17th 2007 | 2:44 am
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Default Re: sue uscis

Originally Posted by ian-mstm
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

I agree with Ian. Thought that filing a writ against the USCIS for backlog on FBI name clearance was now prohibited.
 
Old Jul 17th 2007 | 2:45 am
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Default Re: sue uscis

Originally Posted by fatbrit

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.
 


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