What else can we do?

[whatsgoingon 1]

Hello everyone,

just an update on our situation http://www.visajourney.com/forums/topic/558463-bizarre-situation/

Next week will be 2 years, the lawyer has been inquiring for 2 years with embassy and the senator has

inquired a couple of times. But for 2 years the answer is always the same ''case is under review'', the Embassy

refuses to close this case.

I don't know what else we can do, the Embassy said they don't need anything from me or my wife.

There are only updates if we make an inquiry, which to me feels like (i could be wrong) no one is working

on our case and it's only touched when we make an inquiry.

So what else are we supposed to do?

thank you

[canadian_wife 1,822]

In the linked thread you were advised to have your wife contact her senator. Did you do that? What was the result?

good luck

[whatsgoingon 1]

Yes Canadian_wife , the senator contacted the embassy a couple of times. But the answer was the same as with the lawyer....''case under review we will contact you blah blah blah...

[Jawaree 717]

In this case you will know nothing until the review is completed,

they wait for each agency to respond to their inquiries example

IBIS, CONDORS etc, also if any past arrests.

Ever asked your atty his/her thoughts on a Writ of Mandamus

Edited July 12, 2016 by Jawaree

[whatsgoingon 1]

Hi Jawaree, no i haven't asked our atty about this Mandamus.

What is a Mandamus and can an Ombudsman do it?

But why are these agencies taking years to respond? i've seen a lot of cases here where these agencies have taken weeks or a couple of months only to respond.

I have never been arrested in my life, only got traffic tickets and i've taken care of them.

But even, let's say for the sake of argument i was arrested before, wouldn't that have shown up during the ( I 601 and 1 212) waivers?. The waivers were approved very quickly with out any RFE in 3 1/2 months.

I wish i was allowed to go to the embassy and talk with the person dealing with our case ( but the embassy doesn't allow people in without appointments), i would ask him/her what do you need, what's going on etc...

[canadian_wife 1,822]

Out of curiosity, what was the I601 and the I212 needed for? You've mentioned it a few times.

Good luck

[whatsgoingon 1]

Canadian_wife, the I 601 was for over staying and the I 212 was for the deportation.

But i don't think those are relevant anymore because they were both approved.

I tried to find cases like ours but couldn't find any, to try and get some hope.

Will this case after taking 2 years be concluded soon or will it take more years?

There are no answers to this, that is what is so frustrating.

[Shiobhan 235]

If there are questions as to the approval

of the waivers it will stall the process, but

since its just for overstay its weird, something

seems missing. Mamdamus will bound uscis

to give a decision yay or nay

[whatsgoingon 1]

Shiobhan, but what is this ''something'' that is missing? they won't tell us.

Can this Mandamus bind the Embassy too, in making a decision?

Can an Ombudsman do it (because i don't want to spend money)?

[whatsgoingon 1]

i was doing some research online about writs of mandamus and i found this,

While writs of mandamus have been successful in cases against the USCIS for a number of years, filing such a legal action against the U.S. Department of State (DOS) to resolve a visa processing delay at a U.S. embassy or consulate has been rare. This is because U.S. consular officers working overseas are often afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity.

[Jawaree 717]

You can go thru the ombudsman to see what happens,

I do believe the process to file writs of mandamus uscis is

first informed that the writ is gonna be filed

[whatsgoingon 1]

Jawaree,

Does my wife (the petitioner) have to contact the ombudsman,

or can i do it from here in the UK (contacting a british Ombudsman)

[jan22 3,056]

One caution on the writ of mandamus when it comes to visas -- the writ is basically only an order from a court that compels a government authority to take action. If the Embassy does not have all the proper clearances that authorize it to issue a visa, the only possible action they can take in response to the writ is to deny the visa, which is certainly not the response you want.

Edited July 13, 2016 by jan22

[whatsgoingon 1]

jan22,

you are right, denial of the visa is not what we want.

So we'll drop the writ of mandamus option.

Do you think we should still ask an Ombudsman to make an inquiry (probably won't make any difference)

just to have one more person putting pressure on the embassy?

because as you can see, we don't have any options

[whatsgoingon 1]

One caution on the writ of mandamus when it comes to visas -- the writ is basically only an order from a court that compels a government authority to take action. If the Embassy does not have all the proper clearances that authorize it to issue a visa, the only possible action they can take in response to the writ is to deny the visa, which is certainly not the response you want.

you are right, denial of the visa is not what we want.

So we'll drop the writ of mandamus option.

Do you think we should still ask an Ombudsman to make an inquiry (probably won't make any difference)

just to have one more person putting pressure on the embassy?

because as you can see, we don't have any options