MUST READ!!! I got it :0)

[evilmonkey 2]

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...

to be honest you are have an #### of a suggestion there...if you read the law it clearly states that although courts can ask the consular to make a decision but it cannot influence the decision. Imagine how would a immgiration officer would be feeling towards a person who dragged him to court made him/her fill a ton of ######, had to explain to freaking 10 different supervisors whats the delay...

dude u r threat to file Mandamus has nothing to do with you getting the visa next day. That was purely co incidental.

[moonlight7 3]

Congratulations!

[newbie_00 0]

CONGRATS!!!!!!!!!!!!!!!

[edward toro 3]

to be honest you are have an #### of a suggestion there...if you read the law it clearly states that although courts can ask the consular to make a decision but it cannot influence the decision. Imagine how would a immgiration officer would be feeling towards a person who dragged him to court made him/her fill a ton of ######, had to explain to freaking 10 different supervisors whats the delay...

dude u r threat to file Mandamus has nothing to do with you getting the visa next day. That was purely co incidental.

I think there are way better chances that he got his visa because of the mandamus than your "coincidental" quote. your call is a really long shot.

[Natureza 0]

I am glad that you have made it out of AP but that is ridiculous that you had to wait that long. I have been sending email correspondence since our interview on June 28th when they kept his passport but said that some AP was needed in our case because of my past marriage (i had filed an affidavit of support for my ex husband when he processed his greencard in the US). We just got an email confirming they are returning his passport but no mention of whether or not there will be an actual visa in it. Our interview was all about my past marriage and the man even asked for proof that I had no idea where my ex lived nor had I spoken to him in months... How in the hell do you prove that?! I had my mom write and notarize a letter which was the only possible thing I could think of and also an email from his lawyer about the accident that happened when we were together. My 7 year old daughter from my first marriage was even with us at the interview... but somehow the man still had doubts about that being a valid marriage!!! I had never been so insulted and frustrated in my life. I didn't even want to remember my first marriage let alone have it be the main topic of discussion in the interview with my FIANCEE!

They didn't even look at the three years of photos, flight itineraries etc that my fiancee and I have together... I have emailed them first saying they had no valid reason not to approve our case, and even got my senator to email inquiry (to which they sent a form letter in reply without even changing one of the names of the prior person they sent it to on the letter). I've been sending emails to the consulate on a regular basis ever since. The man said two weeks and the email reply said up to 60 days... I plan on staying on top of this. We have been waiting for an entire year for this process to come to a happy end and I refuse to allow the "SYSTEM" to destroy that. I will be keeping this "Mandamus" option in my back pocket but I hope it doesn't get to this point... what a completely defeating process just to be with the one you love.

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...