We have filed four more new mandamus action in the federal district court for Northern California. One case is a new kind worth mentioning here. This case involves the denial of immigrant visa to our client's husband and two stepchildren by the visa officer in American Consulate in Guangzhou, China. Based on past experience, consular return and CIS action on returned petitions may take years and our client did not want to wait. We are asking the court to compel the consulate to immediately return the petition and the CIS to make a decision in a reasonable time, not in years.
Recently, we see an increasing number of consular refusals of family immigrant visas, especially those involving marriages. Most families cannot wait for years to have their chance to be heard so they practically abandon their petitions. As a result, many families are dissolved. Our client is determined not to let this happen to her. We will report later on the development of this case.
We are also in the process of filing a declaratory judgment in federal court on CSPA's retention of priority date provision(INA section 203(h)(3)). When parents are immigrated to the U.S., if their son or daughters are aged out under CSPA, the law provides that the parent can file a new I-130 and use the original priority date of the old petition. In our case, the old priority date is 1991. CIS has failed to promulgate regulations or issue policy memorandum on this issue. Asa result, USCIS refuses to accord the old priority date to the new I-130. As far as we know, this would be the first such lawsuit in federal court. We will again discuss the progress of this lawsuit when it becomes available.
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5 comments:
I filed a WoM (Mandamus) on May 20th 2008 in Eastern District New York,Islip(Khurana Vs. Mukasey), aftyer USCIS has failed to adjudicate my N-400 petiton fpr naturalization for pasr 6 years.Filed April 2002, and interviewed in Garden City,NY on feb 12th 2003.
I am now upset at myself, for not having brought this lawsuit earlier, just on the civic sense of giving USCISD some time, but when I saw years passing and others filing a Mandamus right on the 121st day, I acted accordingly.
ANyone with 120+ days delays after interview, should sue these bastards at The USCIS
Hello.We hope you will be our Lawye
r.We have read a little of your hi
story on your site and your hard ti
mes.We also have hard times,me and
my Chinese wife here in Guangzhou.
We need some practical help,and pr
offessional.However with the contr
act your Para Legal sent to us,is
not accurate,in the information wh
ich is to be required,before we se
nd any payment,as there are too man
y blank spaces,and misses your sign
ature as well.I will send you a informed query,so we can begin our
Client,Lawyer relationship.We need
a lot of patience from you and your
help.but our funds are limited.We
can not have unexpected expenses and we need a Sliding scale.You say
in the contract,we can negotiate a
nd you have not given us this oppor
unity,to do so,or rvrn know what
Visa we are applying for.If we are
to pay Consultant Fees,then I would
suggest,that we have one,before bei
ng charged for one. Another e-mail
will follow soon. Thanks. James R.
Phillips
This is a farce. Why do you have this,It will not send anything
now I see it has sent to you.I sent you over eight times. Thanks
What happened to the number of CSPA lawsuits that were pending before the courts? Is it over yet? What was the decision?
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