AP TRACKER

[momof1 205]

Well I'm not sure if we will get married it will speed that process or not .I just called the embassy and they told me that I'm still under AP and they are waiting for the result from DC .Its a name check they said .So there is nothing more i can do about it .

I really don't know what kinda form you talking about ?!! I guess they are waiting for the name check result to make a decision .

I know it has been so so long and its crazy .Sometimes i ask my self the same question '' What the heck is going on ? '' .But i have seen some people got their visas after a year and they went through USA embassy in Egypt '' Some of them got it after a year .Some of them got it after 13,14 months '' .I guess i will be one of those guys .

I hope that you will hear good news soon .Good luck and my best wishes for ya .

Mohamed

It's called a writ of mandamus. I feel for you. We were stuck in name check during our I-130 processing stateside, but that was 2003-2005 when processing times were much longer. Name checks are generally much shorter now than they were then.

We know an egyptian family who entered on skilled worker visas and the only thing standing between them and their green cards was a 4 year pending name check. They hired a lawyer and filed a writ of mandamus. Basically, it forces them to finish the name check. That doesn't mean the outcome will be favorable though so just keep that in mind. They did eventually get their green cards.

Also, there was an egyptian on immigrate2us.net who was pending name check for 2 years during his waiver processing. The name check was finished but his waiver was eventually denied

The good thing, if it can be considered a good thing, is that you do have options for name check. I would consult with a lawyer if you haven't already before considering any other steps.

Edited March 10, 2010 by momof1

[momof1 205]

It's called a writ of mandamus. I feel for you. We were stuck in name check during our I-130 processing stateside, but that was 2003-2005 when processing times were much longer. Name checks are generally much shorter now than they were then.

We know an egyptian family who entered on skilled worker visas and the only thing standing between them and their green cards was a 4 year pending name check. They hired a lawyer and filed a writ of mandamus. Basically, it forces them to finish the name check. That doesn't mean the outcome will be favorable though so just keep that in mind. They did eventually get their green cards.

Also, there was an egyptian on immigrate2us.net who was pending name check for 2 years during his waiver processing. The name check was finished but his waiver was eventually denied

The good thing, if it can be considered a good thing, is that you do have options for name check. I would consult with a lawyer if you haven't already before considering any other steps.

I was on my break at work earlier and had leave. I wanted to add that I just noticed that you've been in AP for about a year. It's probably not time to file a writ of mandamus. I know it's excruciating having to wait. This is usually filed after 3 or 4 years of waiting.

In our friend's "writ" case, they won. The govt stated tha since the only thing standing in the way of their residency was the name check, if it wasn't finished in 6 months that they had to finish it. In their case, the name check was finished but they were placed in removal proceedings. In the end everything worked out for them though. It's much more complicated then your case.

The sad reality of name check is that in most situations you just have to wait it out if it hasn't been a VERY long time.

Edited March 10, 2010 by momof1

[Starlight95 1]

I called DOS and inquired where is this AP. If its at the consulate or DOS. The lady told me they are not allowed to give the information. They said everyone goes through AP.

[tenderheartusa79 14]

I was on my break at work earlier and had leave. I wanted to add that I just noticed that you've been in AP for about a year. It's probably not time to file a writ of mandamus. I know it's excruciating having to wait. This is usually filed after 3 or 4 years of waiting.

In our friend's "writ" case, they won. The govt stated tha since the only thing standing in the way of their residency was the name check, if it wasn't finished in 6 months that they had to finish it. In their case, the name check was finished but they were placed in removal proceedings. In the end everything worked out for them though. It's much more complicated then your case.

The sad reality of name check is that in most situations you just have to wait it out if it hasn't been a VERY long time.

Thank you so much for your info i really appreciate it .

Well I have not been under name check for a year .But in fact i had my interview on March 26,2009 and then they put me under AP . On July 30,2009They sent me an email to send in my passport so they can issue me the visa which it never happened !

I had my second interview on Sept 27,2009 .It was very long interview but anyways the CO told me that they need to talk to my fiancee '' the USC'' .On Dec 14,2009 4 people from DOS visited my fiancee's home and it was very long interview as well .

On Jan 13 ,2010 they put me under AP and i found out later its name check !

They told me at the embassy it takes 1-3 months .So i have nothing more to do but waiting and praying .

I hope that they will give me the visa after all of that waiting .I don't know if the CO can deny me after a year of been waiting ?!!

Good luck and my best wishes for everyone .

Mohamed

[Amarachi's Wife 0]

Please add me to the AP Tracker:

amarachi's wife/CR-1/Nigeria/02/10/10

My husband had his 2nd interview becuase of a 221 (g) received on 1st interview on 01/20/10. We needed to get a police certificate for the Ivory Coast. He submitted document on 02/10/10 during 2nd interview and they kept his passport and the CO stated she would call him because she has some more work to do on his case. She never gave him a letter stating we were put back on AP. She just told him to leave and they will call him. So I called and emailed and received a response that we are on AP. It has been 1 month today with no resolution. Everytime I call DOS or email Lagos. I get the same response that our case is still under review and there is no more additional evidence they need from us. We just have to be patient and wait for them to finish their internal review and they will contact my husband when they are done. The 1st time we were on AP it only lasted a week and they scheduled us for the 2nd interview now its a month and they still have his passport. So frustrating...UGH!

[klicristina 0]

I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

[Oasis 0]

congrattsss. Finally your nightmare is over.

My lawyer and senator have been emailing the consulate the last past days.

They are not responding. I guess they are sitting on my papers

[waiting4rana 1]

I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

Can you tell me how to get this form writ of mandamous, thanks, Pat

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

I received the best email of my life today. I got the approval of my visa, after 4 months and 3 days stuck in AP.

I want to share something with all of you guys who are in AP status.

I sent an email to the U.S Consulate in Rio de Janeiro last Sunday (March 7, 2010), stating that I intent to file a Mandamus against the Consulate.

It was a pretty big (significant) email that I told them of my intention and I talked about my case a little bit.

So, I got the approval today!

What I want to tell you guys who have been stuck in AP for a long time is that all you need to try to do something, send them an email, file a Mandamus... I dont know. If you are like me, I dont accept "WAITING" as an answer.

The Mandamus said that for a consular processing...

C. Consular Nonreviewability

If a person is seeking to compel a consular officer to process an application or petition abroad, the government likely will claim that such a claim is barred under the doctrine of consular nonreviewability. The courts generally have held that they lack authority to review consular decisions. See, e.g., Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C. Cir. 1999).

However, the law is not firmly settled regarding the applicability of the consular nonreviewability doctrine to mandamus cases. See Ahmed v. DHS, 328 F.3d 383, 388 (7th Cir. 2003). And, in fact, the Ninth Circuit has found that it has authority to grant mandamus relief to compel a consular officer to act on a visa petition. In Patel v. Reno, 134 F.3d 929 (9th Cir. 1997), the court ordered the U.S. Consulate in Bombay, India to act on the plaintiff’s visa petition. Although the court acknowledged that "[n]ormally, a consular official’s discretionary decision to grant or deny a visa petition is not subject to review," the court found mandamus jurisdiction when the consul "fail to take an action." Id. at 931-32.

So, DONT BE AFRAID GUYS!

God love you all...

Can you tell me where i can get this form for writ of mandamus, thanks, Pat

[Whatznext 2]

Amarachi's wife - Im so sorry for the AP I hope it goes quickly it is good that they told you review that tends to be a shorter process unless after the review you are put on the "official administrative Processing" Good Luck

tracker updated

klicristina-Congratulation on your visa but I must say just because some cases have a long AP please dont think we just sit and do nothing but wait. I think most of us have exhausted all avenues. Also females have much shorter AP than males. Your situation is alot different from most of the other cases. You are not considered a high profile risk. I think you would have gotten the visa at the same time you did regardless of the Email you sent. Anyway good luck and if it worked for you thats great.

[NancylovesAhmad 1]

Hi. I just wanted to let you know that 100% Ahly Fan and I both received our visas on Feb 2nd so that you can keep the AP tracker as up-to-date as possible. Thanks so much and best of luck to everyone waiting!!

[klicristina 0]

klicristina-Congratulation on your visa but I must say just because some cases have a long AP please dont think we just sit and do nothing but wait. I think most of us have exhausted all avenues. Also females have much shorter AP than males. Your situation is alot different from most of the other cases. You are not considered a high profile risk. I think you would have gotten the visa at the same time you did regardless of the Email you sent. Anyway good luck and if it worked for you thats great.

I am sooooo sorry if you felt this way, that´s not what I mean. I know how hard is wake up everyday without the love next to me. I just wrote my experience and I do think we should use the Mandamus more often.

Anyways...

Please accept my apology, whatznext and all my VJ´s family.

[momof1 205]

Can you tell me where i can get this form for writ of mandamus, thanks, Pat

A writ of mandamus isn't just a form. In essence, you're suing the government. It's an expensive process that very likely, if you want to be successful, requires a very well qualified lawyer. I don't know about your case so this is a more general comment.

Threatening the consulate with a writ of mandamus won't do much if you're in some sort of background check in the US. Many times people are put through AP for document verification and you can't sue them to do it faster if it's only been a few months. Well...I guess you could but you likely wouldn't be successful. Name check is a completely different issue. Their goal is to finish the name check in 6 months and they have virtually eliminated the 4+ year pending name checks that existed previously. I'm sure there are some unfortunate cases that still pend for that long though.

You do have to be patient, but patience doesn't mean doing nothing. There are proper steps to take and a writ of mandamus is much further down the line in the sequence of steps.

[momof1 205]

sorry for the fast fingers. I hit post too soon.

USCIS used to expedite name checks when a writ was filed bc they didn't want to go to court, but a newer process put in place in 2007 has stopped this. They will no longer go ahead and finish the check just because a writ has been filed, and they are now opting for full blown legal battle.

Unfortunetly, 6 months for each AP reason is not unreasonable. I've seen people undergo numerous rounds of AP for various reasons including name check and document verification. Once you get past that 6 months, you definitely should already have someone working with you to attempt to speed things up or at least find out what's going on.

[tenderheartusa79 14]

sorry for the fast fingers. I hit post too soon.

USCIS used to expedite name checks when a writ was filed bc they didn't want to go to court, but a newer process put in place in 2007 has stopped this. They will no longer go ahead and finish the check just because a writ has been filed, and they are now opting for full blown legal battle.

Unfortunetly, 6 months for each AP reason is not unreasonable. I've seen people undergo numerous rounds of AP for various reasons including name check and document verification. Once you get past that 6 months, you definitely should already have someone working with you to attempt to speed things up or at least find out what's going on.

Do you think i have to Email the embassy and tell them that i will writ of mandamus ? Do you think that it might help ?

Last time i called them they told me that the new AP started on Jan 13 ,2010 and its name check .And they told me it will take 1-3 months .On March 26,2010 i will hit a year of being waiting .

[momof1 205]

Do you think i have to Email the embassy and tell them that i will writ of mandamus ? Do you think that it might help ?

Last time i called them they told me that the new AP started on Jan 13 ,2010 and its name check .And they told me it will take 1-3 months .On March 26,2010 i will hit a year of being waiting .

Since 2007, most name checks are finished in 1-3 months. It has not been more than 3 months since your name check started. In my opinion, you at least have to give them the estimated time before you do anything drastic. A writ of mandamus is a bit premature right now. As I said before, people can go through many rounds of AP.

I think threatening them would be neither helpful nor wise especially considering that name check is in the US not at the consulate.