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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 03-04-2008, 02:08 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
09/02/2006
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
09/02/2006
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Join Date: Mar 2008
Posts: 23
watertown will become famous soon enough watertown will become famous soon enough
Default WOM or NOT and Risk!!!

Gurus,

I'm in Boston area and would like to know your opinion if I should file WOM!!!!

My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day felt so nice!!!

Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.

So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.


Last year I was getting anxious when the card didn't arrive and Infopass revealed that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!

I contaced Ombudamans office twice and I got e letter from Mr. Prakash stating that he had requested USCIS to expedite the case and then in the same week I got another letter from USCIS stating that due to additional review they couldn't give me anytime for adjudication!!!!!

Now , guys....shall I file a WOM? Whats your take?
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  #2 (permalink)  
Old 03-04-2008, 03:18 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
09/10/2006
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
09/10/2006
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Join Date: Apr 2006
Posts: 312
RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of RandyK has much to be proud of
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what is WOM
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  #3 (permalink)  
Old 03-04-2008, 03:55 PM
Senior Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
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:
Processing Stage
:
N/A
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:
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Join Date: Aug 2007
Posts: 730
lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute lazycis has a reputation beyond repute
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File WOM, what risk are you talking about? The USCIS cannot deny your I-485 only because a lawsuit is filed.
http://en.wikibooks.org/wiki/FBI_name_check
http://pacer.mad.uscourts.gov/dc/cgi...df/tangmtd.pdf
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If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
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  #4 (permalink)  
Old 03-05-2008, 12:38 AM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
09/02/2006
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
09/02/2006
Compare
Join Date: Mar 2008
Posts: 23
watertown will become famous soon enough watertown will become famous soon enough
Default

Thanks Lazycis!!! The risk I'm referring to is what if USCIS decides to deny my case on the basis that I should have answered YES to those 2 answer on I-485!!!!!!!!!

Though I don't think I've lied as being taken to custody and then let go by NYPD is different than arrest and I used the A # got from my ex filling the previous application and thereby stating the obvious!!!!

Do you think 1 and 1/2 year wait time is good for WOM? My company lwyer never bothers to reply my query. Who is the best lawyer for WOM in Boston area?

Thanks




Quote:
Originally Posted by lazycis View Post
File WOM, what risk are you talking about? The USCIS cannot deny your I-485 only because a lawsuit is filed.
http://en.wikibooks.org/wiki/FBI_name_check
http://pacer.mad.uscourts.gov/dc/cgi...df/tangmtd.pdf
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