New 1447b case filed for name check delay in N-400 application

We filed this case on December 10, 2007 for N-400 delay due to FBI name check. This type of cases by average may be resolved in 45 days after we file the lawsuit.


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The following transaction was received from entered on 12/13/2007 10:44 AM PST and filed on 12/10/2007
Case Name: Dong v. Chertoff et al
Case Number: 5:07-cv-6235
Filer: xxx Dong
Document Number: 1(No document attached)

Docket Text:
PETITION FOR HEARING ON NATURALIZATION APPLICATION against Michael Chertoff, Robert S. Mueller (Filing fee $350.00 receipt number 3461113355). Filed by xxx Dong. (gm, COURT STAFF) (Filed on 12/10/2007)


5:07-cv-6235 Notice has been electronically mailed to:

Justin X. Wang justin@lawbw.com,

5:07-cv-6235 Notice has been delivered by other means to:

Two more cases settled after mandamus and 1447B actions

Today we settled with the CIS and FBI two cases. In case number one, we filed mandamus action in September 26, 2007 for a family based green card application due to FBI name check delay. Name check is now cleared and CIS agrees to adjudicate the application within 30 days of our dismissal.

In case number two, we filed an 1447B action on October 5, 2007 to compel the CIS to adjudicate our client's N-400, application for naturalization. The case was delayed for more than 120 days after the interview. CIS agrees to adjudicate our client's N-400 within 30 days of our dismissal.

We continue to score victories for our clients in all CIS/FBI delayed cases.

I-485s approved after mandamus action filed

We have three more I-485 applications approved after we filed mandamus actions.

In case number one, Mr. Z filed his employment based i485 in 2005. The application was delayed due to FBI name check. We filed mandamus action in July 20, 2007. We then filed motion for summery judgment in September and set the hearing for October 19, 2007. CIS first filed an ex parte motion to dismiss out motion. Judge vacated the 10/19 hearing date and granted our joint motion to submit the case without oral argument. CIS requested the FBI to expedite the name check and I-485 was approved on October 24, 2007.

The other two I-485 applications are family based and they have been pending for more than two years. Both cases were filed in June and after several motion filings, CIS requested the FBI to expedite the name checks. It took the FBI about 25 days and 8 days, respectively, to complete the name check and CIS immediately approved the application.

Mandamus action is the best approach if your case is delayed for whatever reasons.