Post Test RQ receipients ONLY ( Since 2009)

Re Writ of Mandamus:

As is the case more often than not, relative to whether an applicant can advance his cause by pursuing a particular course of action, the decision to pursue recourse by way of a Writ of Mandamus is a personal decision dependent on the specific circumstances in the individual case. Pursuing a Writ will help some applicants. It is of little help at great expense for other applicants. And the timing matters a great deal, it often being too soon for many.

And Mandamus is an unusual remedy, and thus it is unusual for it to be available.

But the percentage of post-test RQ'd applicants, for whom Mandamus is an appropriate course to pursue, is not really the determinative factor post-test RQ'd applicants should consider, and even the extent of the delay to date is not the deciding factor. There are many factors, factors specific to the individual case.

It is similar to the question about making an ATIP application, since in this respect, likewise for a large majority of post-test RQ'd applicants, there is little or nothing much to be gained from ATIP obtained reports. But for some applicants, the ATIP is a good idea and can provide information which will be of significant if not critical use.

Overall there is no-one-rule-fits-all. General proclamations asserting that every applicant can benefit from pursuing Mandamus, or that no one will benefit from pursuing Mandamus, are equally unfounded, not true.

Thus, while the bottom-line for most applicants, including post-test RQ'd applicants, for most of the time, is simply about waiting for CIC to take the next step, just waiting is not right for all applicants. For many post-test RQ'd applicants, in particular, learning more about what matters and how the process works can help them make decisions about what can be done and when to do it, including help them identify if and when an ATIP request should be made, or if and when a lawyer should be at least consulted about available recourse (such as pursuing a Writ of Mandamus . . . or obtaining assistance in preparation for a hearing with the Citizenship Judge).   

venky_ms wrote: The WOM was filed by the lawyers and in case lawyers did accompany one for JH.

My impression, which I hope you can confirm or clarify, is that you are referring to a case in which a hearing with the Citizenship Judge was scheduled in response to the applicant pursuing the Writ of Mandamus. This is significant. Some reports in this and other forums tend to suggest that pursuing the Writ of Mandamus directly leads to a grant of citizenship. I and some others have tried to convey the caution that for some applicants, pursuing the Writ does not necessarily lead to a positive result.

Yes, lawyers can be, and most often will be, quite expensive. For post-test RQ'd applicants destined for a Citizenship Judge hearing, especially now (under the process implemented as of August 1st), the assistance of a lawyer can make a big difference. Lawyers cannot change the facts, but they know what matters, what information and evidence can make a difference, and be instrumental in organizing and presenting the evidence in a way that is more likely to make the case. Whether they are worth the cost is, of course, another one of those very personal decisions.

Do you know, venky_ms, what the ultimate outcome was in those cases where a WoM was pursued and lawyers accompanied the applicant to a hearing?



greeny: Please clarify if what you refer to as "2nd RQ" was form CIT 0171 (a "Residence Questionnaire"), or another CIT form and if so, please let use know which form, such as whether it was CIT 0520 or another.

A new week, hope that one of us waiting the Oath letter get it.

I am not sure no news from CIC is good news for me... 

asifatt wrote: So i completed 35 months on Sept-21. Call CIC to congratulate them and in return i was told they cannot send any request to see what is happening on my file since additional documents were requested couple months ago.  I am told to call next month and they will investigate with local office of whats going on.

All I see is the boost of new applications while the old applications are on the shelf.