Need help on WOM!

[yingli]

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL

[paskal]

I believe that several people have won WOM cases....

I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.

Might be worth getting a second opinion with an attorney that's filed and won WOM cases....

welcome to IV!

[brb2]

http://boards.immigration.com/showthread.php?t=194681

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL

[immigration_law]

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL
Hi Yingli,

I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

~Justin Fok

[yingli]

Thanks you all so much for the reply! I really appreciate it!

How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

YL

[user1205]

http://www.shusterman.com

He's also advertising on his website wining this type of case.

[Googler]

Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.

Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.

http://boards.immigrationportal.com/showthread.php?t=194681&page=811

For an overview see:

http://www.ailf.org/lac/clearinghouse_mandamus.shtml

http://en.wikibooks.org/wiki/FBI_name_check



Good luck!

[brb2]

Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.

Thanks you all so much for the reply! I really appreciate it!

How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

YL

[yingli]

Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!

I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!

YL

[pwright]

Hi all,

I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??

Thanks