Filling Writ Mandamus against The Department of State

[sandiego2013 3]

Just to let you know that, the bottom line of my case is. I been targeted by FBI agent to work as informant and spy on muslim communities in US, and his deal was to me is make everything easy and smooth for me if I would agree and work with him otherwise everything it could be hard and difficult. And that exactly what happened, i been victimized, discriminated and harassed by him, just because he think himself above the law and he can use the nasty dirty way in order to challenge you.

So from my prospective is the only way that my wife and I can get our case move on is the federal court. As everyone saw that in past couple of weeks how was things goes with executive order, the federal court could challenge anyone even the president.

I believe I never done nothing wrong or illegal in whole entire period I been in US, and whatever it's going on with me now is the result of been victim to the most corrupted officer I have met in my life. 

And by the way the two officers met with me at the day of the interview admitted that I'm cleared but the would help me out and get my clearance within 3-4 month. Now we been over 13 month and we believe that the FBI behind this delay and they don't want to send the clearance.

 

[sandiego2013 3]

16 minutes ago, JFH said:

Let's not turn this in a competition of whose visa journey was the worst. However, I will say that in the grand scheme of things, 6 months with your wife and children in Mexico is more than most of us could dream

of. 

 

We we also had a rough ride and I know all about embassies not caring about people's lives. We originally applied for a U.K. visa for my husband as the U.K. (my home land) was our first choice. But my husband was denied with no possibility of appeal and has a lifetime ban also with no possibility of appeal. All because of a theft conviction in the early 1990s. Long before I even knew him. We live less than 100 miles from the Canadian border and he can't even go to Canada to go shopping for the day, like many people here do. 

 

We we all have our stories to tell. You have the option of moving to another country with your wife and children. How about they move to Egypt? 

Yea that's really crazy.

 

We actually thinking to go back to Egypt by April 2nd. We have no other option.

[Hypnos 6,576]

I'm not sure a non-LPR alien outside the US has standing to file a mandamus action against DoS. 

 

If you're already in the US then you can certainly sue USCIS on those grounds, but overseas and DoS? My gut instinct says no. 

[Villanelle 4,122]

Oh my- you shouldve started the thread with the relevant info. (It really irks me when someone posts something and it goes on for pages before they give all the info lol!) But anyway- 

 

Re Hypnos comment- technically you can file suit against the DOS- filing it against them is rare because they have that 'doctrine of consular non-reviewability' but apparently lawyers have done it and been "successful". I put successful in quotes because they say its successful since the client gets approved- however it seems USCIS/DOS approves them before the judge rules. So its not really appropriate to say the suit was successful as the suit had no outcome- it gets dropped; but the results from bringing the suit can be successful. 

Anyway- Mr Sandiego-- look into CARRP program. "Controlled Application Review and Resolution Program" - described by the ACLU of So. California as a program in which USCIS secretly mandates discriminatory delay and denial of citizenship and immigration benefits to aspiring Americans. Many are brow-beaten into becoming FBI informants in order to have their applications finally processed. 

[sandiego2013 3]

2 hours ago, Hypnos said:

I'm not sure a non-LPR alien outside the US has standing to file a mandamus action against DoS. 

 

If you're already in the US then you can certainly sue USCIS on those grounds, but overseas and DoS? My gut instinct says no. 

Im not in US but my wife she's the one going to fill against DOS.

[sandiego2013 3]

10 minutes ago, Damara said:

Oh my- you shouldve started the thread with the relevant info. (It really irks me when someone posts something and it goes on for pages before they give all the info lol!) But anyway- 

 

Re Hypnos comment- technically you can file suit against the DOS- filing it against them is rare because they have that 'doctrine of consular non-reviewability' but apparently lawyers have done it and been "successful". I put successful in quotes because they say its successful since the client gets approved- however it seems USCIS/DOS approves them before the judge rules. So its not really appropriate to say the suit was successful as the suit had no outcome- it gets dropped; but the results from bringing the suit can be successful. 

Anyway- Mr Sandiego-- look into CARRP program. "Controlled Application Review and Resolution Program" - described by the ACLU of So. California as a program in which USCIS secretly mandates discriminatory delay and denial of citizenship and immigration benefits to aspiring Americans. Many are brow-beaten into becoming FBI informants in order to have their applications finally processed. 

I took look into it already, and actually I'm living it myself . Hopefully we get out of this situation soon and wake up from this nightmare. 

 

[xPandax 1]

18 hours ago, sandiego2013 said:

Im visiting my wife and kids in Tijuana Mexico and they living with me here since Oct, but the thing is my current status here will be finished in two month. And by the way when I mentioned we can't live our life like this I meant the instability in matters, being together not everything, there's a lot of other facts should be considered as part of life than just be together. Of course I'm glad I am able to see them and being around my family but the only thing is the embassy doesn't give about people's life.

 

What kind of visa do you have in Mexico? Have you looked into the MTRV? 

[Boiler 45,486]

You are the one in AP, not your wife.

[Hypnos 6,576]

30 minutes ago, sandiego2013 said:

Im not in US but my wife she's the one going to fill against DOS

Right, but your wife's petition was approved. It's your visa application that has not been. 

 

I don't think either one of you can pursue a mandamus suit. 

[sandiego2013 3]

1 hour ago, xPandax said:

What kind of visa do you have in Mexico? Have you looked into the MTRV? 

Visit visa? What's MTRV

[sandiego2013 3]

1 hour ago, Boiler said:

You are the one in AP, not your wife.

It doesn't matters still she could file as she's a part of the case. 

[sandiego2013 3]

1 hour ago, Hypnos said:

Right, but your wife's petition was approved. It's your visa application that has not been. 

 

I don't think either one of you can pursue a mandamus suit. 

Well, my lawyer has similar case were in AP for 18 month and the applicant got his visa within 60 days of filling writ mandamus. So the case was successful. 

[Hypnos 6,576]

Well, he's a lawyer and I'm not. 

[sandiego2013 3]

2 minutes ago, Hypnos said:

Well, he's a lawyer and I'm not. 

Thanks for opinion.

[xPandax 1]

13 minutes ago, sandiego2013 said:

Visit visa? What's MTRV

It's short for Mexico Temporary Resident Visa, sort of like a Mexican Green Card allowing you to stay longer than 6 months. The USC is usually able to get this relatively easily and get it for their family as part of the family unity provision. 

https://consulmex.sre.gob.mx/sanjose/images/PDFs/temporaryresidentvisa.pdf

 

It's a bit of an involved process, but basically the USC applies for it at their local Mexican Consulate. Each consulate has slightly different requirements. I live in San Jose and was able to get in the consulate here with 6 months of pay slips and bank statements. I told them that I was interested in buying property. Took all of 30 minutes. I read somewhere that the one in San Diego can be a little tougher.  Pakistan doesn't have a Mexican consulate, so we'll be visiting a 3rd country which has one. The consulate there has agreed to give my wife the same visa.   In your case, since the beneficiary is already in Mexico, it's possible to convert the tourist visa to TRV.   It's a bit of a bureaucratic mess and in a language I don't understand; a facilitator is strongly recommended.