Everything You Need to Know about Writ of Mandamus (Part II)

Who Should/Could/Need/Have to File the WoM about Immigration Matters?

Before you decide to file the WoM, you should evaluate your situation to make sure you are “qualified”. Because the base for the lawsuit is that it has taken too long for USCIS to make decision on your case, it is obvious that the key word here is “long”. How long is too long? Unfortunately, there is no rule of thumb. Several things can help you assess your case.

Receipt Date

First, check your Receipt Date (RD). RD is the date on the I-797C form (Notice of Action) you received right after you filed the application. For example, the I-797C form you received after you filed the I-485 Adjustment of Status form listed “September 3, 2004” in the “Received Date” box, your RD for I-485 is, unfortunately, September 3, 2004. RD only reflects how long your case is pending. Retrogression and normal processing time could also be the culprit of delay. For I-485 filers, if your case is not current (in retrogression) or a significant portion of your waiting period is in retrogression, your chance of receiving favorite results from the suit is minimal. You should also check your RD against the Processing Times posted at USCIS website to determine whether the delay is reasonable.

Name Check Starting Date

For most cases, the FBI Name Check process is the single reason for the long delay. So finding out how long you have been stuck in the Name Check process is important. There are several ways to find out the exact date when your nightmare began.

1. The easiest way is of course to call the USCIS Customer Service Telephone: 1-8000-375-5283. However, chances are not great that you will get the answer you need. The USCIS Customer Service is as broken as the whole immigration system. Most times you get a customer representative who knows nothing more than that are known to yourself and you will not get the start date of the Name Check. It is a perfect one-stone-two-birds scenario that both taxpayers’ money and your time are happily wasted. However, sometimes if the call-volume is light or you finally find a dim luck, you can actually talk to an immigration officer (IO) from the regional Service Center where you filed the case. The IO can tell you the exact Name Check starting date.

2. Making an Infopass appointment through USCIS website to talk to a local IO in the local immigration office is a relatively quick and easy way to get the exact date.

3. You can also write to the First Lady office or the U.S. Senators, House Representative who represent your state or district about your heartbreaking story brought you by the Name Check process. In their replies, or the replies directly from FBI, you will see the date when Name Check started. Please note this is the slowest way to get the answer.

Unhelpful Help from Conventional/Administrative Channels

To strengthen the lawsuit, both convention wisdom and lawyers say that you should exhaust all the administrative venues to solve the delaying problem before filing a lawsuit. So how many venues you need to try? Again, no rule of thumb. A significant number out of the numerous agencies listed below should be sufficient.

USCIS Customer Service Telephone
USCIS service request/inquiry
Infopass/Talking to an IO
CIS Ombudsman Case Problem request
The First Lady office
Senator(s) representing your state
House representative for your district
FBI/FBI National Name Check Program (Record Processing Management Division)

There are a few reports from the immigrants that these conventional venues do help. However, more likely you will only receive a “status update” you have known for years, or no response at all.

to be continued...