Lawsuit (Writ Mandamus)

[Lots of Patience 0]

Hello everyone

I need help about my case, it’s been 5th month since my case is on AP and there is no clue when it will end neither Consulate is helpful or DOS giving any positive response. First my petition was transferred to TSC and it took 7 months to approve and now this AP black hole. However In these circumstances someone suggested us to do lawsuit (Writ Mandamus) against consulate I need your suggestions about it is it a good idea to file, the lawyer who suggested us, he also said wait till 6 months will be over then go for it, as average time for AP is 5 to 6 months, I need your valuable suggestions,

Edited October 10, 2011 by Lots of Patience

[evelyn1140 18]

Hello everyone

I need help about my case, it’s been 5th month since my case is on AP and there is no clue when it will end neither Consulate is helpful or DOS giving any positive response. First my petition was transferred to TSC and it took 7 months to approve and now this AP black hole. However In these circumstances someone suggested us to do lawsuit (Writ Mandamus) against consulate I need your suggestions about it is it a good idea to file, the lawyer who suggested us, he also said wait till 6 months will be over then go for it, as average time for AP is 5 to 6 months, I need your valuable suggestions,

Question. Did u go to the embassy?. I don't know if this information will help you but can talk to your representative in your state or call the state department. You should hire a lawyer

[sara..... 371]

Hello everyone

I need help about my case, it’s been 5th month since my case is on AP and there is no clue when it will end neither Consulate is helpful or DOS giving any positive response. First my petition was transferred to TSC and it took 7 months to approve and now this AP black hole. However In these circumstances someone suggested us to do lawsuit (Writ Mandamus) against consulate I need your suggestions about it is it a good idea to file, the lawyer who suggested us, he also said wait till 6 months will be over then go for it, as average time for AP is 5 to 6 months, I need your valuable suggestions,

there is a vj member that did writ of mandamus he has all the information as to what you need to do before filing and filing

his vj id is gogo

sara

[EAbbas 213]

http://usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

I read this as it only applies to those here in the country adjusting status or waiting for citizenship...

the below paragraph is towards the bottom of this link... so if your still at the embassy waiting for approval for the Visa then this may not work unless its been an extremely excessive amount of time.

A Writ of Mandamus is usually not appropriate for a Visa Petitioner and Applicant whose case has been placed into Administrative Review for only a few days, weeks or even months. However, it may be appropriate for a case which has been waiting for many, many months and even years. See: Patel v. Reno (U.S. Court of Appeals, 9th Cir., No. 96-55359a, Jan. 16, 1998)(Court issues Writ of Mandamus to Consular Officials at U.S. Consulate in Bombay, India because "consulate had a duty to act" when Petitioner's family visa applications were under administrative review for EIGHT (8) years without decision). For more general information, see: Writ of Mandamus Process Practice Advisory from AILF.

Edited October 10, 2011 by EAbbas