Filling Writ Mandamus against The Department of State

[sandiego2013 3]

My wife and I willing to file a Writ Mandamus at Federal Court in CA against the Department Of State and US Embassy in Egypt to give a decision on our case that been stuck in US Embassy for more than a year with no reason. I guess that's the only way we can get them to whether approve or denied it, otherwise it will be there forever. 
 

Please I need to know if anyone here in VJ had filed like this of cases.

 

 

Thanks

 

Edited February 17, 2017 by sandiego2013

[milimelo 4,477]

AP is a reason and why they'll respond to the Writ adjudicating your visa with a denial. 

[Boiler 45,486]

Not sure I have seen anybody on here actually do it, usually just talk.

 

What does your Lawyer say, I would expect a denial as they can not approve.

[sandiego2013 3]

4 minutes ago, milimelo said:

AP is a reason and why they'll respond to the Writ adjudicating your visa with a denial. 

I mean the Writ Mandamus will get the court to force the embassy to give the decision within 30 days, so we don't know if the embassy could respond with denial on the visa application or not.

 

 

[Boiler 45,486]

I am by no means certain that a Writ would work due to Consular nonreviewability, but if AP has not cleared they have to deny.

 

Has your Lawyer recommended this?

[Ebunoluwa 6,136]

If AP is still pending due to backlogged security checks then you will be forcing a denial, have to start over and

go through the same AP checks again with another petition.
What you should do is find out if your case is sitting in internal checks at the embassy or if external agencies

are working on the checks. Make sure your case has not been refused and returned. Have you emailed the embassy and made

inquiries through your senator as to where your case file is ?
 

[sandiego2013 3]

45 minutes ago, Boiler said:

I am by no means certain that a Writ would work due to Consular nonreviewability, but if AP has not cleared they have to deny.

 

Has your Lawyer recommended this?

Actually my lawyer has similar case back to April 2016 and was on AP for 2 years and the applicant got his visa within 60 days of filing writ mandamus.

 

[sandiego2013 3]

29 minutes ago, Ebunoluwa said:

If AP is still pending due to backlogged security checks then you will be forcing a denial, have to start over and

go through the same AP checks again with another petition.
What you should do is find out if your case is sitting in internal checks at the embassy or if external agencies

are working on the checks. Make sure your case has not been refused and returned. Have you emailed the embassy and made

inquiries through your senator as to where your case file is ?
 

We made everything you could imaging, the embassy told us at the day of the interview they will get me cleared in 3-4 month, and now we over 13 month and still pending. 

[Boiler 45,486]

Could be coincidental, could have been the push needed to find the file.

[Boiler 45,486]

There is no set time for AP. Also not with the control of the Consulate.

[sandiego2013 3]

Just now, Boiler said:

There is no set time for AP. Also not with the control of the Consulate.

Well, I understand but in same time we can't live our life like this. It's so unstable. We have to do something, and we sure the federal court has the power of forcing the embassy to give a decision because we seeing that the embassy holding the case and they don't want to move on.

 

[sandiego2013 3]

56 minutes ago, Boiler said:

I am by no means certain that a Writ would work due to Consular nonreviewability, but if AP has not cleared they have to deny.

 

Has your Lawyer recommended this?

Also for your knowledge that the embassy has the way to get an answer on the background check within 6-8 month maximum as from external agencies "in US" and not more than 6 month from internal government agencies "inside Egypt" but more than 13 month come on that's definitely intentionally delay. And by the way the embassy knows that my wife and I living together and have twin girls almost 2 years old and there's no reason for denial.

[Ebunoluwa 6,136]

4 minutes ago, sandiego2013 said:

Well, I understand but in same time we can't live our life like this. It's so unstable. We have to do something, and we sure the federal court has the power of forcing the embassy to give a decision because we seeing that the embassy holding the case and they don't want to move on.

 

What proof do you have that the embassy has the case sitting there not wanting to move forward ?
It could be in external checks outside the embassy and the embassy has no control over when the checks are complete.
We were in checks for 16 months and I would never consider filing a writ of mandamus. Consider the time it will take
to start all over again if they will deny. It's a gamble and not in your favor.

[sandiego2013 3]

1 minute ago, Ebunoluwa said:

What proof do you have that the embassy has the case sitting there not wanting to move forward ?
It could be in external checks outside the embassy and the embassy has no control over when the checks are complete.
We were in checks for 16 months and I would never consider filing a writ of mandamus. Consider the time it will take
to start all over again if they will deny. It's a gamble and not in your favor.

I consider my case a little bit different than yours because the embassy acknowledged that whatever flagged me on their system was done by an agent injust me back to 2013 while I been in US, and the embassy promised to get me cleared within 4 month. And by the way I had two interview at the embassy within 20 days and both was totally about that situation.

[Ebunoluwa 6,136]

Let us know how it goes I have yet to read about a successful writ outcome here so I am curious what will happen.