kat .
Jan 24, 2024
considering filing a mandamus in federal court against uscis!!!
update: due to unresponsiveness by congressional inquiry and uscis we are now considering filing a petition for a writ of mandamus in federal court (suing the government and uscis) for unreasonable delay…. outside of processing times, unresponsive to RFE… and have re-applied for C09-EAD granted for another 180days. my biometrics is also close to expiring for the second time. 💯
VAWA
Based on a Violence Against Women Act self-petition
Total Days: 1214 days
Case
2021-05-14
2024-09-09
I-131
285 Days
I-360
389 Days
I-485
1207 Days
I-765
219 Days
Vermont Service Center: I-131, I-360, I-485, I-765
Timeline Map
2021-05-14
I-360
I-131
Submission to USCIS
2021-05-21
I-485
D+7
Submission to USCIS
2021-09-10
I-131
D+119
Biometrics, i.e. fingerprint and photo
2022-02-23
I-131
D+285
Decision (Approval or Denial)
2022-04-28
I-360
Added
D+349
Expedite Request Approved
2022-06-07
I-360
D+389
Decision (Approval or Denial)
2022-10-20
I-485
D+524
Biometrics, i.e. fingerprint and photo
2023-12-12
I-765
D+942
Submission to USCIS
2024-04-19
I-485
D+1071
Interview
2024-07-18
I-765
D+1161
Decision (Approval or Denial)
2024-09-09
I-485
D+1214
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
kat .Jan 24, 2024
congressional inquiries lead nowhere. but just know filing a mandamus case is costly (in dc it starts at $9k-20k, there is a 99% success rate for settlement (denial or approval). most cases never reach trial, because it forces the government to settle and do their job to adjudicate your file. Only file when all options have been exhausted.
contact your local AILA chapter for help if congressional or uscis inquiry doesn’t work. and then seek counsel for a mandamus case…
mandamus case should NOT be an easy consideration and should not be done without an experienced attorney, and only an option when extreme hardship is experienced and it can be afforded to pursue. don’t just consider it because you’re sick of waiting - there must be multiple reasons.
kat .Jan 24, 2024
@Mrkvica M. you’re welcome
kat .Jan 24, 2024
the AILA (American Immigration Lawyers Association) Liaison. They can reach out directly to USCIS staff to troubleshoot, but who knows if they will have any better luck then a congress person! This is about getting someone to push uscis in the right direction to respond in any way they can.
kat .Jan 24, 2024
you’re welcome. it’s best to do so with an attorney. hopefully you have counsel representing you. if you do you will need to sign a document giving your attorney permission to talk to AILA, will give you the least of troubles. if you don’t have an attorney vawa cases can be a little harder to get solutions
kat .Jan 24, 2024
@Mrkvica M. suggest it to your lawyer and see where it takes you! good luck!
H nJan 24, 2024
@kat .
I see ur timeline. Did you submit i360 petition twice, first in May 2021 and second in June 2022?
kat .Jan 24, 2024
@V A no, I submitted all i131, i765, i360 and i485 concurrently in May 2021. I haven’t submitted anything twice.
i360 was approved in june 2022. I’m ONLY waiting for i485 to be approved
the only application I had to resubmit recently because of pending expiry in feb 2024 was for EAD.
My EAD was extended upon receipt this month for another 180 days…
bibi rahimaJan 24, 2024
omg your timeline is almost same as mine. I filed I-360 & I-485 in June 3,2021 and my vawa was approved one year ago . my case had been pending since then because they said no visa number available . Can I still file for mandamus
red deadJan 24, 2024
I mean if you’re out of processing time and can afford it , go ahead !
wish you a best of luck.
David GJan 24, 2024
Please people never lose hope. Fight for your rights. You can sue USCIS for delay on your own, my friend did it for his delayed case, and got papers within 45 days. Do youtube search to learn more about it "writ of mandamus pro se"
Mrkvica M.Jan 24, 2024
@David G thank you!
kat .Jan 24, 2024
@bibi rahima yes very similar timelines, but I’m unsure of your circumstances for delay, but try all exhausting avenues and do everything you can!
bibi rahimaJan 25, 2024
@David G which lawyer did your friend use? could you please tell me
David GJan 25, 2024
@bibi rahima he sued himself as Pro Se, he got helped from youtube channel Immigration Aid
mount laurel New Jersey Jan 25, 2024
how do you do aila?
Ken KenJan 26, 2024
@bibi rahima did you file VAWA as the spouse of a LPR or spouse of a USC these rules varies. If you filed as the spouse of LPR or sibling or family member of an LPR you’ll have to wait until a visa is available for you. only spouses, family members or siblings of USC’s have visas ready and available at all times.
kat .Jan 26, 2024
@mount laurel New Jersey you need your attorney to speak for you to contact them.
kat .Jan 26, 2024
update: another resource on top of AILA
an organization called ASISTA - provides technical assistance for our members who are serving immigrant survivors of violence in a professional capacity. this is another pathway to seek assistance for unreasonable delay - If a client has a long delay related to a humanitarian case (like VAWA, U or T visa or other survivor-based relief) ASISTA are able to connect with the relevant government agencies in order help resolve the delay.
IMPORTANT NOTE: If you are representing yourself in an immigration matter, you are not eligible for technical assistance from ASISTA on that case. Only attorneys with membership can use this service to seek help on behalf of you.
https://asistahelp.org/technical-assistance/
mount laurel New Jersey Jan 26, 2024
gotcha I don’t have an attorney I wanted to do the mandamus myself but couldn’t find any good tutorials do you know of any?
kat .Jan 26, 2024
@mount laurel New Jersey another user on here had posted it on another thread, but you’ll have to locate it. The post was written by Kayne East… hopefully you can find it!
Mrkvica M.Jan 26, 2024
@mount laurel New Jersey go to another post and you will see the post about writ of mandamus as well and the link
bibi rahimaJan 26, 2024
@Ken Ken I was married to a LPR. do you think I can still file mandamus because I already have the A number . I heard that if someone is already assigned an A number then they don’t need to wait for visa number
Ken KenJan 26, 2024
@bibi rahima An A number is your USCIS assigned Personal Identification Number (PIN)for all documents issued to you. That number is used to locate you in the DB for USCIS or Employers. However, I do know that if you are a spouse of an LPR and filed for the VAWA AOS you’ll have to wait for an available visa for you. I don’t know if there are waivers for this rule but it’s an SOP for USCIS. Albiet, you can ask your lawyer if mandamus will work but I doubt it unless there is a valid reason why you should move past the queue.
NVC NEWJan 27, 2024
Thanks for sharing. I did it on the App "Inmigra USA" the community of Immigrants in the United States. inmigrausa.com
There are immigration lawyers and free collaborators.
Stay up to date on news of interest to the Latino community.
Search Inmigrate USA.
I chose the Florida community, it looks like they are starting now, so I recommend you choose Florida.
Busca inmigra USA el app del inmigrante, de verdad es muy buena tambien.
Thanks!!!
mount laurel New Jersey Jan 28, 2024
@kat . I saw Kanye post but I only saw the tutuorial for the mandamus for the púa not for uscis so that’s two different things
mount laurel New Jersey Jan 28, 2024
@Mrkvica M. see above
