YESTERDAY MY HONEY SHOULD ARRIVE

[Collie 122]

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.

[LaL 418]

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.

Its pretty much the norm for males from certain locations to go through admin review.

[Aymerlu 3]

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.

Its pretty much the norm for males from certain locations to go through admin review.

Yep....it sucks

[babybunny 2]

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.

here you go have a good hearty read -

http://www.wolfsdorf.com/articles/Consular...50524.htm#_ftn5

[Mr. Big Dog 10,747]

So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon.

Edited June 4, 2006 by ET-US2004

[Veiled Princess 1]

So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon.

Do they (the visa holder) have any real rights to complain about? I mean do they have the same rights as citizens and residents of the US? What I'm trying to understand is this... can they not just pretty much deport anyone who is here on a visa anyway for any reason they see fit at the time? Is there any kind of legal reprocussion that someone like the OP can get? Would she be able to sue immigration if she can prove they deported him without just cause?

[Satisfaction 1]

Would she be able to sue immigration if she can prove they deported him without just cause?

I don’t think there’s ever been a successful lawsuit against the immigration services... How many people have access to a lawyer while being detained in the INS detention center?

[w¡n9Nµ7 §£@¥€r 123]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

[babybunny 2]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

Yes. this case was actully he waited 12 years someting long to get his approved visa issued.

there is some weird long azz term for this type of law suit.. starts with writ of M

somethign ..

[meauxna 15]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

Yes. this case was actully he waited 12 years someting long to get his approved visa issued.

there is some weird long azz term for this type of law suit.. starts with writ of M

somethign ..

"Mandamus" be the word you're looking for?

[diadromous mermaid 36]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

Yes. this case was actully he waited 12 years someting long to get his approved visa issued.

there is some weird long azz term for this type of law suit.. starts with writ of M

somethign ..

"Mandamus" be the word you're looking for?

That's the correct term, but I'm not sure a Writ Mandamus would be the appropriate tool in the instant case. A Writ Mandamus is a mechanism to promote an agency to make a decision. As in the case that Agent Smith was citing, no decision was made and it called for Mandamus action to get the agency to make a decision. Inherent in a writ Mandamus is that there has been no action. It's designed to bring about action. Unfortunately, a duty owed to the plaintiff must be ministerial, and some Mandamus actions have been used to compel the exercise of permissible discretion, but not in changing the discretion but rather in employing discretion so that a decision can be made. In those cases, it is not the failure of the officer to exercise favorable discretion but rather the failure to make a decision on whether to exercise discretion.

[chiquita 0]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

Yes. this case was actully he waited 12 years someting long to get his approved visa issued.

there is some weird long azz term for this type of law suit.. starts with writ of M

somethign ..

"Mandamus" be the word you're looking for?

That is the word. But one does not have to wait 12 years to file it. I know of a darn good attorney willing to do it. He is a fighter for immigration injustice and abuse. He helped me so much just like Marc did.

So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon.

Do they (the visa holder) have any real rights to complain about? I mean do they have the same rights as citizens and residents of the US? What I'm trying to understand is this... can they not just pretty much deport anyone who is here on a visa anyway for any reason they see fit at the time? Is there any kind of legal reprocussion that someone like the OP can get? Would she be able to sue immigration if she can prove they deported him without just cause?

Absolutely!

[babybunny 2]

I don’t think there’s ever been a successful lawsuit against the immigration services...

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.

Yes. this case was actully he waited 12 years someting long to get his approved visa issued.

there is some weird long azz term for this type of law suit.. starts with writ of M

somethign ..

"Mandamus" be the word you're looking for?

That's the correct term, but I'm not sure a Writ Mandamus would be the appropriate tool in the instant case. A Writ Mandamus is a mechanism to promote an agency to make a decision. As in the case that Agent Smith was citing, no decision was made and it called for Mandamus action to get the agency to make a decision. Inherent in a writ Mandamus is that there has been no action. It's designed to bring about action. Unfortunately, a duty owed to the plaintiff must be ministerial, and some Mandamus actions have been used to compel the exercise of permissible discretion, but not in changing the discretion but rather in employing discretion so that a decision can be made. In those cases, it is not the failure of the officer to exercise favorable discretion but rather the failure to make a decision on whether to exercise discretion.

That is like basicly-being approved for the visa. but the embassy decideds out of pure laziness not to issue it, even though the embassy said they would issue it?

it dont apply in this case- because, a decision was made. Hince the deportation and the banishment.

[diadromous mermaid 36]

That's my take on it, yes. It's my understanding that Writs are used when there is an extensive delay before a decision is made. If it's the case of not being able to make a decision, then the Writ would be to compel the exercising of some discretion so that a decision could be made. In goldenheart's case, the discretion used by the POE was not favourable, but it was exercised and a decision reached. I'm not sure how a Writ Mandamus would apply.

[rodney22 0]

Goldenheart,

Can we get an update?