Cario Embasy....????? Who is in AP??

[Ayman___ 92]

Has he ever been outside the country he was born in?

No never been out of Egypt

[Georgewashington 4]

Hope to hear good news very soon ..good luck

[Ayman___ 92]

Good Luck to you also

Edited October 24, 2013 by AYMAN_RINA

[Luluhilweh 3]

I am not an Egypt member, but noticed this thread talk about filing Writs of Mandamus. I did some research on this and thought I'd share my findings with you:

After several consults with lawyers and government representatives, I found writs can help people waiting for years for USCIS to render a decision on their petitions. At the State Department level, they are near useless, but closer to harmful. Lawyers that tell you otherwise are out for your money and won't have to live with the fallout if you go that route. Writs are not a demand to approve something, they are a demand to adjudicate, that's if you get that far. The Federal Court most often defers to the State Department's right to take their needed time with your visa applications, and many writs become dead in the water. If you are really unlucky, the federal judge will demand the State Department make a decision on your case, and the State Department will say it has no choice to deny your application because it didn't finish the background checks and thus couldn't conclude you wouldn't be a security threat. It is extremely unlikely that any of you will get a favorable outcome with a Writ at this stage.

Bottom line: Writs are for people who have been waiting for SO long (YEARS) that they don't even care if they are denied as long as they get an answer one way or the other. Are any of you at that point yet? Willing to roll the dice?

Turmoil in Egypt and budget cuts in the US are the simplest, but not the only explanation to your longer than usual APs. Just be patient and wait it out. In recent years Pakistani men have commonly waited in AP a year or more. Yemenis wait many months to years as well. It's just the cross (for lack of a better word) some folks have to bear. It's not fair, but life isn't fair. As long as your applications and backgrounds are solid, you'll get approved eventually. If it makes you feel better, the USC can reach out to their state representatives, who have Immigration Affairs officers that keep tabs on cases and can pester the State Department on your behalf. They can't force their hand, but it may make you feel better knowing there is someone out there trying to help.

My regards,

Sarah

Hello Sarah,

Just wondering if you had any information or links saved in regards to this topic. Ive done a lot of research a lot on excessive AP as well and found information for and against the writ at the point of state dept. After i 130 approval, my husband's case is under AP for over 19 months now so we're weighing this option. Have you had personal experience with long AP with your husband being from Yemen? Share if you like-thanks for your post!

[Sarah Elle-Même 660]

Hello Sarah,

Just wondering if you had any information or links saved in regards to this topic. Ive done a lot of research a lot on excessive AP as well and found information for and against the writ at the point of state dept. After i 130 approval, my husband's case is under AP for over 19 months now so we're weighing this option. Have you had personal experience with long AP with your husband being from Yemen? Share if you like-thanks for your post!

I haven't gotten that far. USCIS is not processing my petition, we've been waiting for an NOA2 for almost a year. They told me they have put petitions for Yemeni beneficiaries on hold indefinitely. No explanation why of course. Some petitions are being adjudicated and approved, but mine is not. It's fallen into some sort of bureaucratic black hole. So I considered the writ option. I don't have that much written down, but I consulted with several attorneys and a couple friends I know who work for the Department of Homeland Security (The State Department and USCIS both fall under DHS purview) and they warned me about the outcomes of the writs they have come across. The attorneys I spoke to, some were fairly honest, others not so much, but all of them said Writs can only possibly work in your favor with USCIS, mainly because it is expected that the background checks and security measures, which do take a lot of time, are done at the Embassy level (IE: State Department). Federal courts give the State Department a LOT of leeway with long AP's because they can just claim that taking all this time is necessary as a matter of "national security".

Have you tried reaching out to your Congressman or Senators? Have they inquired on your behalf? Sometimes they are able to extract a little more information than you can. I would also be emailing the IV unit of the embassy your husband interviewed at once every two weeks just to let them know you are still waiting for an answer and hoping for an update. As one lawyer I spoke to said "be the squeaky wheel in this process".

Edited October 24, 2013 by Sarah and Adnan

[Luluhilweh 3]

I haven't gotten that far. USCIS is not processing my petition, we've been waiting for an NOA2 for almost a year. They told me they have put petitions for Yemeni beneficiaries on hold indefinitely. No explanation why of course. Some petitions are being adjudicated and approved, but mine is not. It's fallen into some sort of bureaucratic black hole. So I considered the writ option. I don't have that much written down, but I consulted with several attorneys and a couple friends I know who work for the Department of Homeland Security (The State Department and USCIS both fall under DHS purview) and they warned me about the outcomes of the writs they have come across. The attorneys I spoke to, some were fairly honest, others not so much, but all of them said Writs can only possibly work in your favor with USCIS, mainly because it is expected that the background checks and security measures, which do take a lot of time, are done at the Embassy level (IE: State Department). Federal courts give the State Department a LOT of leeway with long AP's because they can just claim that taking all this time is necessary as a matter of "national security".

Have you tried reaching out to your Congressman or Senators? Have they inquired on your behalf? Sometimes they are able to extract a little more information than you can. I would also be emailing the IV unit of the embassy your husband interviewed at once every two weeks just to let them know you are still waiting for an answer and hoping for an update. As one lawyer I spoke to said "be the squeaky wheel in this process".

As if this process is not challenging enough on its own, the hurdles continue to come at us. Im so sorry youre going through all this with USCIS. As soon as I read your post, "just temporary" lit up in my mind about them not currently processing currently I130s from Yemen. Im sure there something theyre not revealing to the public and hopefully they will get things up and running again there. It still makes me irate although I know there nothing we can do but wait. I have exhausted all of my options when it comes to my husband's petition. I have gotten congressmen involved earlier at a couple months of AP and they got the same response we always get. I call DOS and the embassy regularly with the hope of hearing something different one day. I try to write to them every once in a while to show we're on top of the process and trying to stay involved. I finally got a lawyer involved and he's been in communication with the DOS lawyer team and they promise theyre working on the case and will adjudicate as soon as they can. Lawyer says writ should be considered if we dont get a decision within next couple of weeks. He has filed against DoS before and been successful in getting positive decisions on petitions prior but as we all know every case and its details is different and you can never be sure of a good outcome. Ive lived with my husband out of the US for 3 years so far and now we have a daughter together and its becoming more and more overwhelming to live in West Africa. Its a small developing country and the challenges and health hazards we face regularly Id love to put behind us. This is one f the few small key things that works for us and not against us in the process; that the Us petitioner and family is residing outside the US through the whole ordeal. Ironically though, consular officers and staff have very high immunity against prosecution outside of the US. We will see how this works out I guess.

[mitcha32 4]

What does it mean if u had an interview things went well butthey want u to do a new medical exam then send it with ur passport? Will that peron be in AP??

[SaedyWife 1]

I am 4 months now. This whole process is insane... I really am aggravated by all of this...

[Ayman___ 92]

8 Months of AP is over.......wishing all who are on it to be off of it fast

[RFQ 110]

8 Months of AP is over.......wishing all who are on it to be off of it fast

Alhamdulillah! AP buddies no more!! So happy for us.

I pray for patience and strength for those that must endure the extremely frustrating painful experience of AP and separation.

[masry00 0]

5 months and 6 days AP . alwyes same Email same message . but I want to ask if I can ask for my passport because I want to travel somewhere else and I need it . if I asked them for my passport it that mean they will cancel my case or it's ok till the AP finsh ? thanks

[Ayman___ 92]

5 months and 6 days AP . alwyes same Email same message . but I want to ask if I can ask for my passport because I want to travel somewhere else and I need it . if I asked them for my passport it that mean they will cancel my case or it's ok till the AP finsh ? thanks

Yes you can ask for it back and No they won't cancel the petition. A few of us got the passport back and we are out of AP now.

[RFQ 110]

5 months and 6 days AP . alwyes same Email same message . but I want to ask if I can ask for my passport because I want to travel somewhere else and I need it . if I asked them for my passport it that mean they will cancel my case or it's ok till the AP finsh ? thanks

Yep they said no problem with returning it. They return it very quickly from request.

[adam2713 1]

8 months of AP...... still waiting!!

[masry00 0]

how can I call DOS . my wife cant get a real person to talk with . always in hold .. any idea guys ?