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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #1 (permalink)  
Old 11-27-2007, 11:24 PM
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Default Motion to Dismiss

DA's Office filed a motion to dismiss my WOM in Southern California.
My attorney said he reply to it soon...any inputs!!!
Regards
Arun
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  #2 (permalink)  
Old 11-28-2007, 09:42 AM
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This is a regular practice of DA/AUSA. Since you have an attorney, let him work on the opposition. Check this link where you find a sample opposition which was used in Northern Cal.
http://boards.immigrationportal.com/...ostcount=12452
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  #3 (permalink)  
Old 11-28-2007, 06:28 PM
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Thank you
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  #4 (permalink)  
Old 11-28-2007, 07:15 PM
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Default what is this ?

what is motion to dismiss?
and what is WOM ?
and i assume DA office is District attorney - right ?

(And I thought I knew all about GC....)
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  #5 (permalink)  
Old 11-28-2007, 07:34 PM
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Quote:
Originally Posted by ho_gaya_kaya_? View Post
what is motion to dismiss?
and what is WOM ?
and i assume DA office is District attorney - right ?

(And I thought I knew all about GC....)
Looks like you dont

WOM - Writ of Mandamus

People typically file WOM to make government act on their petitions. Usullay done to expedite the name check process (you have to wait at least 2 years I guess to file )

The usual story is DAs office will file a motion to dismiss saying District judge lacks jurisdiction over immigration petitions and attorney general has discrtionary power blah blah.....
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  #6 (permalink)  
Old 11-28-2007, 07:56 PM
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Thats correct.

Quote:
Originally Posted by satishku_2000 View Post
Looks like you dont

WOM - Writ of Mandamus

People typically file WOM to make government act on their petitions. Usullay done to expedite the name check process (you have to wait at least 2 years I guess to file )

The usual story is DAs office will file a motion to dismiss saying District judge lacks jurisdiction over immigration petitions and attorney general has discrtionary power blah blah.....
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  #7 (permalink)  
Old 11-28-2007, 08:01 PM
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Default more details

Quote:
Originally Posted by arun397 View Post
Thats correct.

Can you tell us more about your case .. PD and how long NC is pending etc...
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  #8 (permalink)  
Old 11-28-2007, 08:12 PM
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Default my story

I filed WoM in December, 2006. NC was pending since April, 2004 (waited for a PD (May, 2002) to become current before filing Wom, but now I believe I did not have to wait for PD to become current). I think without Wom I'd still be waiting (I-485 was filed in March, 2004).
It's not necessary to wait 2 years to file Wom.
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  #9 (permalink)  
Old 11-28-2007, 08:12 PM
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Pls contribute generously to IV. lobbying needs money flow...
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  #10 (permalink)  
Old 11-28-2007, 08:17 PM
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Quote:
Originally Posted by arun397 View Post
Thank you
I also maintain a spreadsheet of favorable cases (you can refer to those in your opposition). Check it (you'll need google account) and look for cases from your district.
http://spreadsheets1.google.com/ccc?...-Pv9sULw&hl=en
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  #11 (permalink)  
Old 11-28-2007, 08:23 PM
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Default i know

Quote:
Originally Posted by lazycis View Post
I filed WoM in December, 2006. NC was pending since April, 2004 (waited for a PD (May, 2002) to become current before filing Wom, but now I believe I did not have to wait for PD to become current). I think without Wom I'd still be waiting (I-485 was filed in March, 2004).
It's not necessary to wait 2 years to file Wom.
I know one need not wait for 2 years but i beleive one has to exhaust all other options to expedite the NC before filing WOM.
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  #12 (permalink)  
Old 11-28-2007, 08:38 PM
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Not really. Exhaustion of administrative remedies is not required for WoM if those remedies are not going to resolve the issue. Only the USCIS can request expedite for your name check. So if you asked the USCIS to do that and they refused, you can ask court to issue WoM.

Last edited by lazycis; 11-28-2007 at 08:40 PM.
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  #13 (permalink)  
Old 11-28-2007, 09:24 PM
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Default

Details of my case:
I-140-NIW, EB2
PD: August 2005
I-485- applied in Sep 2005
Name check initiated: Sep 2005 and pending till today.
Wrote to: First lady,vice president, congressman, senator..etc etc.. several info pass, phone calls to USCIS.
Finally fed up: filed WOM on Sep26 th 2007
Motion to Dismiss(MTD): exactly on 60th day late in the evening( standard MTD, just different name and dates)
At present working with my attorney to fight against MTD. I guess now it depends on the judge. My attorney says some judges dismiss some do not.

Guys wish me luck
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  #14 (permalink)  
Old 11-28-2007, 09:41 PM
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Thank you. I have a question for you. My priority date wasn't current when i filed WOM. They have mentioned about this and the recent retrogression in the MTD. How to defend on this issue?
Thanks again.


Quote:
Originally Posted by lazycis View Post
I also maintain a spreadsheet of favorable cases (you can refer to those in your opposition). Check it (you'll need google account) and look for cases from your district.
http://spreadsheets1.google.com/ccc?...-Pv9sULw&hl=en
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  #15 (permalink)  
Old 11-28-2007, 09:50 PM
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Default arun397

Check this post for arguments:
http://www.immigrationportal.com/sho...ostcount=14514

As the very least you can ask court to compel FBI to complete your NC and to compel the USCIS to adjudicate your case within 30 days after your PD becomes current.
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