If you have been in AP for over a year is there anything a lawyer can do?

[~~~water~~~ 0]

I have heard from a few people that have lawyers that after thier in AP for over a year they can take action. Does anyone know what they can do after a year that can not be done before?????

Edited December 27, 2007 by water is wide

[emt103c 10]

There is a specific term for what they do at that point, I cannot remember the word right now. Basically they demand a decision, legally. It comes into actually suing for a decision sometimes. For this you need a very dedicated and experienced attorney.

In the end, right now, there is no legislation that limits the amount of time someone can spend in AP. Usually, the less aggressive route (senators and house reps) should have had some success by this point...if not...a GOOD attorney is the way to go.

Writ of Mandamus--that was the legal remedy...

Edited December 27, 2007 by emt103c

[emt103c 10]

Here's a website that answers a lot of your questions...seems reputable...info on Writ is at VERY bottom of webpage

[Nutty 2]

First contact the Ombudsman for the FBI, Deptartment of Homeland Security, USCIS and Department of State. Write them a registered certified letter or email inquiring about the delay and how much longer the wait will be. Wait of few weeks to see if they respond to the letter or email. Then call them to follow up. If no satisfaction, then contact a certified immigration lawyer about filing a Writ of Mandamus.

Give the lawyer copies of the letter/email inquiries and delivery confirmations that show government department received your inquiries. Then give him a list of the days, times, telephone numbers, customer reps you tried to follow up with.

All of this goes to building a case and might stimulate some action.

First contact the Ombudsman for the FBI, Deptartment of Homeland Security, USCIS and Department of State. Write them a registered certified letter or email inquiring about the delay and how much longer the wait will be. Wait of few weeks to see if they respond to the letter or email. Then call them to follow up. If no satisfaction, then contact a certified immigration lawyer about filing a Writ of Mandamus.

Give the lawyer copies of the letter/email inquiries and delivery confirmations that show government department received your inquiries. Then give him a list of the days, times, telephone numbers, customer reps you tried to follow up with.

All of this goes to building a case and might stimulate some action.

[emt103c 10]

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

[~~~water~~~ 0]

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

Thanks you guys , I do call DOS weekly, our case has never been sent in for security checks, it is clearly being held at the consulate. I contacted my congressman who wrote end of Nov. still waiting for the response though

[emt103c 10]

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

Thanks you guys , I do call DOS weekly, our case has never been sent in for security checks, it is clearly being held at the consulate. I contacted my congressman who wrote end of Nov. still waiting for the response though

That seems to be EXACTLY the type of case where a writ would be helpful...keep following all the steps...do you have an attorney in mind yet?

[Nutty 2]

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

Thanks you guys , I do call DOS weekly, our case has never been sent in for security checks, it is clearly being held at the consulate. I contacted my congressman who wrote end of Nov. still waiting for the response though

You are saying the Department of State (DOS) said it does not have your case and the Consulate said it sent it to Department of State.

Sounds to me your case has been lost.

I would get some written verification from the Department of State saying they never received your case and then forward A COPY of this letter to the #1 Chief Officer of the US Embassy in Cairo.

Specify the following:

Consulate Officers in US Embassy have explained that your case is under Administrative Processing in USA. However, Department of State correspondence (see enclosed letter copy) specifies their department never received the application from the US Embassy in Cairo.

Kindly please inquire with your staff in Visa Section to determine the location of my missing application.

[~~~water~~~ 0]

our case is in Cairo , DOS says no security checks have ever been ordered. Cairo says the case is undergoing necessary admin. processing. DOS says the case is in Cairo.

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

Thanks you guys , I do call DOS weekly, our case has never been sent in for security checks, it is clearly being held at the consulate. I contacted my congressman who wrote end of Nov. still waiting for the response though

You are saying the Department of State (DOS) said it does not have your case and the Consulate said it sent it to Department of State.

Sounds to me your case has been lost.

I would get some written verification from the Department of State saying they never received your case and then forward A COPY of this letter to the #1 Chief Officer of the US Embassy in Cairo.

Specify the following:

Consulate Officers in US Embassy have explained that your case is under Administrative Processing in USA. However, Department of State correspondence (see enclosed letter copy) specifies their department never received the application from the US Embassy in Cairo.

Kindly please inquire with your staff in Visa Section to determine the location of my missing application.

Edited December 27, 2007 by water is wide

[Nutty 2]

our case is in Cairo , DOS says no security checks have ever been ordered. Cairo says the case is undergoing necessary admin. processing. DOS says the case is in Cairo.

Yup and here's another link that also says that information

http://www.visalaw.com/05feb3/2feb305.html

I was wondering if you've called the Dept of State number--because I read in another one of your posts that it isn't a security check...sometimes the consulates won't tell you even if it is, but the DOS usually will.

I've managed to get a bunch of information the consulate refused to give from the DOS.

When you write the letters Nutty was talking about, make sure to keep copies and records of what and when you sent it.

The link mentions faxing it...this is a good way to keep tabs because the machine will sometimes print a summary record showing EXACTLY what you sent.

Thanks you guys , I do call DOS weekly, our case has never been sent in for security checks, it is clearly being held at the consulate. I contacted my congressman who wrote end of Nov. still waiting for the response though

You are saying the Department of State (DOS) said it does not have your case and the Consulate said it sent it to Department of State.

Sounds to me your case has been lost.

I would get some written verification from the Department of State saying they never received your case and then forward A COPY of this letter to the #1 Chief Officer of the US Embassy in Cairo.

Specify the following:

Consulate Officers in US Embassy have explained that your case is under Administrative Processing in USA. However, Department of State correspondence (see enclosed letter copy) specifies their department never received the application from the US Embassy in Cairo.

Kindly please inquire with your staff in Visa Section to determine the location of my missing application.

If your application has never been sent to DOS and has been sitting in Cairo for 1 year, it is time to write a certified letter to the head honcho of the Embassy. It is inexcusable that your case has been sitting on a consulate desk for a year!

Francis J. Ricciadone is the US Embassador in charge.

Write a letter to him!

[~~~water~~~ 0]

We have been in AP 8 months now, I just was wondering what we will do if it goes on over a year. Thanks for all of the advice I have a lot to think about and do. My fiance had a home visit about 3 weeks ago, so Im hoping we will see continued progress, but I just wonder what to do if it continues indefinetly. This is becoming all to common for Cairo

[emt103c 10]

He had a home visit from the embassy? I guess that means it's not lost, just taking a long time. When they decide to do a home visit, no matter the country, it takes a long time.

That may be one of the problems with mine...the document they're researching for my husband is in a mountainous region of Pakistan...so...if they need to send someone to the union council of that area--which is my guess--they will take their sweet, sweet time

I agree that it is definitely time to start writing letters, not just phone calls. Is your Senator any help?? Have you done any written inquiries??

[~~~water~~~ 0]

I have only talked with my congressman so far ..... the aide is nice but not very optimistic... I think I will contact my senators now to.

[emt103c 10]

Definitely contact each one until you get a good answer. I contacted my first Senator and he was unable to do anything for three months he just kept putting me off! I stupidly waited, then when I contacted the other Senator, they had an answer in 3 days!

I didn't even bother with my Congressman, because I know he's anti-immigrant in almost all ways.

[LaL 418]

http://usaimmigrationattorney.com/Security...tiveReview.html