same response every single time !! no one cares !

[mymarley 14]

of course the embassy wont tell you what kind of background check they are doing....

[Janelle2002 3,865]

What's the next step for your writ?

Waiting for the Embassy to give an answer to my complaint.

If they actually are doing a background check. Most of the time they are just sitting on people's application.

The woman who filed a writ of mandamus for her husband in Guyana had to wait 4 years. They sat on it 4 years before she filed her writ. They had no excuse. Just didn't want to give her husband the visa.

[thedude6752000 360]

Waiting for the Embassy to give an answer to my complaint.

If they actually are doing a background check. Most of the time they are just sitting on people's application.

The woman who filed a writ of mandamus for her husband in Guyana had to wait 4 years. They sat on it 4 years before she filed her writ. They had no excuse. Just didn't want to give her husband the visa.

When do you expect to hear back from the embassy? My guess is they will issue it before it gets to court.

[Ning 619]

if the passport was in the embassy...you be fine...but if they return that..thats a refusal.... sooo u guys lucky... think positive....

If the passport is returned it certainly does not mean " refusal " . Please don't make these statements if you aren't sure of what you are talking about because you may cause people more pain and undue stress with these ignorant comments.

[Ning 619]

This means nothing. They never returned my husband passport. When we retrieved it for our vacation in Malaysia, they did not take it back. Said they didn't need it because his visa wasn't ready. We received no refusal as of yet.

The embassies just choose people who they do not like but have no factual reason or evidence to prove they do not have a good relationship, so they just keep them in AP. It is easier than doing all of the paperwork explaining why they don't have a good relationship when in fact they do.

The embassy doesn't operate based on emotion. It is about the laws and how they apply to a certain case.

[Janelle2002 3,865]

When do you expect to hear back from the embassy? My guess is they will issue it before it gets to court.

Government entities have 60 days to reply to a complaint.

I looked at ceac.state.gov and someone looked at my husband's file yesterday. So I guess they are preparing their answer.

I am sure their answer to the court will be to tell the court they do not have jurisdiction. This is what I have read from other cases so far.

Then we have to respond to the defendant's answer. Then meet. And if no solution is found, we head to trial.

If the passport is returned it certainly does not mean " refusal " . Please don't make these statements if you aren't sure of what you are talking about because you may cause people more pain and undue stress with these ignorant comments.

I agree.

The embassy doesn't operate based on emotion. It is about the laws and how they apply to a certain case.

Okay. Keep telling yourself that. If the visa officer decides he doesn't like a couple based off of his feelings and no factual evidence. They are going to keep the person in administrative processing. It is a way to break the relationship apart.

[mymarley 14]

ok good people...

[Ning 619]

Government entities have 60 days to reply to a complaint.

I looked at ceac.state.gov and someone looked at my husband's file yesterday. So I guess they are preparing their answer.

I am sure their answer to the court will be to tell the court they do not have jurisdiction. This is what I have read from other cases so far.

Then we have to respond to the defendant's answer. Then meet. And if no solution is found, we head to trial.

I agree.

Okay. Keep telling yourself that. If the visa officer decides he doesn't like a couple based off of his feelings and no factual evidence. They are going to keep the person in administrative processing. It is a way to break the relationship apart.

I am telling people you are totally 100% wrong and very irresponsible to make such statements based on your own emotional state. You don't have any idea of what you are talking about. You have zero proof or direct knowledge of what you say. You want people to believe an officer wants to break up couples? You have to be kidding? You sound like some cheap talk show host.

Did the embassy go after you and your hubby? Did you tell them what have said here? Why not?

Isnt this court you are going to face going to try to break your relationship apart? Why? What is the motive for this pain?

[Janelle2002 3,865]

I am telling people you are totally 100% wrong and very irresponsible to make such statements based on your own emotional state. You don't have any idea of what you are talking about. You have zero proof or direct knowledge of what you say. You want people to believe an officer wants to break up couples? You have to be kidding? You sound like some cheap talk show host.

Did the embassy go after you and your hubby? Did you tell them what have said here? Why not?

Isnt this court you are going to face going to try to break your relationship apart? Why? What is the motive for this pain?

Yes they do. If they think someone's relationship is not good, yes, they sit on the application. Until the couple breaks up, they find the evidence they want, or someone forces them to adjudicate the application.

The court is to tell DOS yes, adjudicate the application or no, they believe the embassy needs more time.

There were no updates on our application at on ceac.state.gov from August -April until I starting calling and making complaints. Our app just sat there.

You know what the embassy told me when I went there? They need more time for document authentication and to make house visits. Really? It takes over a year to verify documents. How did the verify documents by other couples who received their visas in 4 or 5 months. How long does it take to visit someone's house. It's Sri Lanka. It ain't that big.

Bottom line, they just don't care. Not their lives. I work for an ex-ambassador and with other employees who worked at consulates overseas. I know what happens behind those doors.

[AmyWrites 593]

Nothing you can do about AP. File a writ, get denied. Nothing you can do.

[Janelle2002 3,865]

Nothing you can do about AP. File a writ, get denied. Nothing you can do.

NJ judge orders US Embassy to act in visa case

November 8, 2013 | By KNews | Filed Under News

- Decision could affect other applicants forced to wait for long periods

In what can be seen as a landmark decision, a judge in New Jersey has ordered the US embassy here to act in a visa case involving a Guyanese woman and her husband.

The decision could affect other immigrants who have to endure prolonged waiting periods when they sponsor family members to be with them in the United States.

In 2008, the Guyana-born woman, who is a U.S. citizen, married a Guyanese man and thereafter sought an immigrant visa for him to move with her to the US, but the case has been pending at the U.S Embassy in Georgetown without a decision for years.

Obtaining an immigrant visa for an alien relative who lives outside the United States is a two-step process. The citizen must file an I-130 Petition on behalf of the person they are sponsoring, and the person being sponsored must apply for an immigrant visa from a consular official in the country in which he/she resides.

The husband first went for an interview at the U.S Embassy in June 2011. He received a letter from the U.S. Embassy stating that he was found temporarily ineligible to receive a visa pursuant to Section 221(g) of the Immigration and Naturalization Act.

The letter stated that the case required “Administrative Review” and that “new information, when available, will be communicated to you in writing”.

The letter additionally stated, “You are welcome to contact our Visa Inquiries Unit, from time to time, to inquire about your application”. The letter provided telephone and email contact information and provided a website where the status of the visa application could be checked. A status check in August 2012 revealed that the case was still pending administrative review.

With the prolonged delay and no clear indication of whether or not her husband would be granted a visa, on January 7, 2013, the wife filed a Petition for Writ of Mandamus to compel the government to make a final decision on the visa application.

In the Petition, she alleged that the U.S. Embassy failed to execute its duty to grant or refuse the visa.

The Judge ruled that while the court may not have jurisdiction to review how a consular officer arrived at a decision, it was within the court’s mandate to instruct the U.S government officer to make a decision.

The court found that the Embassy did not comply with its own refusal procedures.

The refusal procedures include obtaining a signed form from the applicant, maintaining a “refusal file” that contains the documents used as the basis for refusal, informing the applicant of the basis for refusal and informing the applicant of statutes and regulations, which could provide administrative relief.

Moreover, any refusal carries with it the right to have the principal consular officer at a post “review the case without delay” and record that decision.

Where a final refusal occurs, the applicant is entitled to one year in which to submit additional evidence to overturn the grounds under which the visa was refused.

http://www.kaieteurnewsonline.com/2013/11/08/nj-judge-orders-us-embassy-to-act-in-visa-case/

[thedude6752000 360]

Nothing you can do about AP. File a writ, get denied. Nothing you can do.

I think Janelle has pretty effectively demonstrated the things you can do. If they're going to deny the visa then fine, then you can take them to court for discrimination or move to a better country than the US together, but just waiting forever is not reasonable. You have the right to a speedy adjudication, even if "speedy" here is judged to be less than a year.

[thedude6752000 360]

http://www.capitolnewsonline.com/2014/01/02/u-s-embassy-follows-n-j-court-order/

U.S embassy follows N.J court order

All's well that ends well even if one had to get the court involved. Capitol News reported back in November that a Federal Judge had ordered the US Embassy here to make a decision in the case of an intended immigrant. The man’s case had been in limbo for nearly two years under what was called Administrative Review. Well the Embassy made a decision in the man’s favor and he was able to spend the holidays with his spouse from whom he had been separated because of his pending visa status for over two years.

New Jersey Federal Judge William Martini was asked by a Guyanese woman who sponsored her husband to the United States, to issue a writ of mandamus directing that the US Embassy either issue or refuse her husband a permanent resident visa.

The Judge ruled that while it may not be within the court’s jurisdiction to review how a consular officer arrived at a decision, it was certainly within the court’s mandate to instruct the Government officer to make a decision. The case arose from the fact that the husband received a letter from the U.S. Embassy in Guyana stating that he was found temporarily ineligible to receive a visa. That was since June 2011. The letter stated that the case required “Administrative Review” and that new information, when available, will be communicated to him in writing. The court found that over time there was no evidence of administrative review. After the matter ended up in the court the US embassy called in the husband to continue the process. And earlier last month the US Embassy not to be in violation of the court order made a decision and issued the visa.

Several persons have complained about delays in the immigration process where US embassies in the Caribbean have put them on pause so to speak for administrative review or claimed that there is a refusal on various grounds including failure to provide documentation or allegations of misconduct. The New Jersey Judge’s order is expected to make it clear that decisions have to be made according to the procedures laid down in the law. The Court ruled that intended immigrants simply cannot be told “your case is still pending” without a final decision being made.

Edited July 30, 2014 by thedude6752000

[thedude6752000 360]

[Ning 619]

I think Janelle has pretty effectively demonstrated the things you can do. If they're going to deny the visa then fine, then you can take them to court for discrimination or move to a better country than the US together, but just waiting forever is not reasonable. You have the right to a speedy adjudication, even if "speedy" here is judged to be less than a year.

A better country than the USA? Where is that? immigration is a privilege as far as I know. I didn't have a " speedy " adjudication but didn't feel anyone was discriminating against me. Why would the U S govt do that? How would they know who to go after? Is that what is going on in your case? How do we figure out if its just simple discrimination?

Jannelle admits she is or was part of the discrimination and did nothing about it. She helped them it seems. However that experience may help others understand there are people like her doing what she was part of. I really didn't want to believe people would do that but she admits it happens. I wonder if she ever contacted anyone to disclose what she knew and took the fifth?