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Posted
1 minute ago, Munazza said:

A Writ of Mandamus will not get you to the bottom of why you have been in AP for as long as you have. All the writ will do is force a decision. If the required clearances are not completed, the only possible decision is to deny. 😐😐

 

 

if background checks not done in time then it is not our fault, they will state reason for denying immigrant visa, it can't be on assumptions. read below:

 

http://www.immsolutionsllc.com/court-services/writ-mandamus-federal-court

Filed: Other Country: Pakistan
Timeline
Posted
1 hour ago, silverhawk said:

by the way, can you share details of this lawyer (i.e. contact number and his experience). is he will to fight for us, with special discount considering two are at least confirm to give him case. :)

For those who may still be confused about the right to entry/residence in the US:  A US visa is a privilege, not a right.  Marriage to US citizen only allow you to submit an application for a visa, it does not automatically guarantee a visa.  Every application is considered on its own merit and every applicant must fulfill all the requirements before a visa can be issued.  That is why some people obtain visa earlier than others while some are never issued a visa.  In some circumstances, people with valid visa have been denied entry into the United States.  So for some of you to say that they can just file a lawsuit to force US government to make decision/issue visas within certain amount of time is not only ridiculous but also impractical because AP is a matter of national security.  People are waiting for visa in their home countries; it’s not like they are in the middle of the Pacific Ocean without a life jacket, it’s not a desperate situation. 

I understand your frustration but you have to have faith in the system.   I felt frustrated too, but, being employee of the agency, I understood some of what takes place behind the scene.  You have to allow the process to take its natural course.  No judge is going to along with this type of lawsuit and I don’t know if the lawyer has explained you some of the unintended consequences that might result from the lawsuit. 

Filed: IR-1/CR-1 Visa Country: Pakistan
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Posted (edited)
59 minutes ago, warraich02 said:

For those who may still be confused about the right to entry/residence in the US:  A US visa is a privilege, not a right.  Marriage to US citizen only allow you to submit an application for a visa, it does not automatically guarantee a visa.  Every application is considered on its own merit and every applicant must fulfill all the requirements before a visa can be issued.  That is why some people obtain visa earlier than others while some are never issued a visa.  In some circumstances, people with valid visa have been denied entry into the United States.  So for some of you to say that they can just file a lawsuit to force US government to make decision/issue visas within certain amount of time is not only ridiculous but also impractical because AP is a matter of national security.  People are waiting for visa in their home countries; it’s not like they are in the middle of the Pacific Ocean without a life jacket, it’s not a desperate situation. 

 

I understand your frustration but you have to have faith in the system.   I felt frustrated too, but, being employee of the agency, I understood some of what takes place behind the scene.  You have to allow the process to take its natural course.  No judge is going to along with this type of lawsuit and I don’t know if the lawyer has explained you some of the unintended consequences that might result from the lawsuit. 

 

Yes a US visa is a privilege and not a right. However, I don't agree with you on the statements you're making.No one is forcing the US government to make a decision. A "Writ Of Mandamus"  is a lawsuit , where the US government simply gives the embassy over seas 60 days  to make a decision on an individuals case. Like i said before if the security checks are not complete then they will deny your visa, which is why most people don't want to file a lawsuit. Also, there are many cases in VJ where people have filed the lawsuit and within 30 days were approved a visa. I have not seen anyone who has filed and got denied. The downside to filing this particular lawsuit is that the lawyers charge 3 thousand dollars or even more for one case. 

Edited by Mia12392
Filed: Other Country: Pakistan
Timeline
Posted
16 minutes ago, Mia12392 said:

Yes a US visa is a privilege and not a right. However, I don't agree with you on the statements you're making.No one is forcing the US government to make a decision. A "Writ Of Mandamus"  is a lawsuit , where the US government simply gives the embassy over seas 60 days  to make a decision on an individuals case. Like i said before if the security checks are not complete then they will deny your visa, which is why most people don't want to file a lawsuit. Also, there are many cases in VJ where people have filed the lawsuit and within 30 days were approved a visa. I have not seen anyone who has filed and got denied. The downside to filing this particular lawsuit is that the lawyers charge 3 thousand dollars or even more for one case. 

Giving someone a specific timeline to make a decision where they may or may not have all the relevant documents/information to come to a conclusion is essentially forcing them to make a decision.  And, like you said, if they do not have everything they need to make a decision, your case will be denied, which is true not only as a practical matter but also a good career move.   I have never seen/heard anyone making a critical decision just because of a lawsuit so people who received their approval after lawsuit might just be a co-incident.  After all, you do need a reason to feel good/celebrate if you spend that kind of money on a lawsuit.

Have faith in the system and good things will happen!

 

Good luck to you !

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
1 minute ago, warraich02 said:

Giving someone a specific timeline to make a decision where they may or may not have all the relevant documents/information to come to a conclusion is essentially forcing them to make a decision.  And, like you said, if they do not have everything they need to make a decision, your case will be denied, which is true not only as a practical matter but also a good career move.   I have never seen/heard anyone making a critical decision just because of a lawsuit so people who received their approval after lawsuit might just be a co-incident.  After all, you do need a reason to feel good/celebrate if you spend that kind of money on a lawsuit.

 

Have faith in the system and good things will happen!

 

 

 

Good luck to you !

 

Yea I have 100% faith in the American system just don't trust the people in Pakistan. T

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
2 minutes ago, warraich02 said:

Giving someone a specific timeline to make a decision where they may or may not have all the relevant documents/information to come to a conclusion is essentially forcing them to make a decision.  And, like you said, if they do not have everything they need to make a decision, your case will be denied, which is true not only as a practical matter but also a good career move.   I have never seen/heard anyone making a critical decision just because of a lawsuit so people who received their approval after lawsuit might just be a co-incident.  After all, you do need a reason to feel good/celebrate if you spend that kind of money on a lawsuit.

 

Have faith in the system and good things will happen!

 

 

 

Good luck to you !

 

you're saying all of this because you're probably not stuck for 2 years waiting on your spouse to receive his visa when there is nothing wrong with his case. So stop acting as if you're a know it all. 

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
5 minutes ago, warraich02 said:

Giving someone a specific timeline to make a decision where they may or may not have all the relevant documents/information to come to a conclusion is essentially forcing them to make a decision.  And, like you said, if they do not have everything they need to make a decision, your case will be denied, which is true not only as a practical matter but also a good career move.   I have never seen/heard anyone making a critical decision just because of a lawsuit so people who received their approval after lawsuit might just be a co-incident.  After all, you do need a reason to feel good/celebrate if you spend that kind of money on a lawsuit.

 

Have faith in the system and good things will happen!

 

 

 

Good luck to you !

 

By the way who are you? I've never seen you on this forum and you come out of no where trying act like you know everything. 

Filed: Other Country: Pakistan
Timeline
Posted
41 minutes ago, Mia12392 said:

By the way who are you? I've never seen you on this forum and you come out of no where trying act like you know everything. 

US Embassy is part of the American System.   People who work inside the Embassy are employees of the US Government who work there on rotational bases. 

 

You are right, we were not stuck with two years wait; our visa took more than two years (about 26 months).   I am a US Government employee, I work for DHS.  My family and I have been through extensive and exhaustive background check before I got hired on, which is part of the normal hiring process,  but it still took more than two years for our visa to be issued.  Because it was a personal matter, government ethics rules prevented me from using official channels to conduct inquiry.  But I always had faith in the system as I am part of it. 

 

No, I do not know everything about everything but I know more about the system than you could ever imagine.  And for that reason, I ask that you have faith in it!

Posted

For those who may still be confused about the right to entry/residence in the US:  A US visa is a privilege, not a right.  Marriage to US citizen only allow you to submit an application for a visa, it does not automatically guarantee a visa.

Agree: there is no doubt about above stated and, even we like it or not, this is part of their law so need to be mindful of that. I read same in some document too before interview in US consulate so it is not much shocking, neither rocking.
-----

 

Every application is considered on its own merit and every applicant must fulfill all the requirements before a visa can be issued. That is why some people obtain visa earlier than others while some are never issued a visa.

Agree: I also witnessed because they strictly follow process and provided systems mostly without prejudice no doubt, but exceptions are always there. They forget "us" as soon case is closed with some decision.
-----

 

So for some of you to say that they can just file a lawsuit to force US government to make decision/issue visas within certain amount of time is not only ridiculous but also impractical because AP is a matter of national security.  People are waiting for visa in their home countries; it’s not like they are in the middle of the Pacific Ocean without a life jacket, it’s not a desperate situation. 

I understand your frustration but you have to have faith in the system.   I felt frustrated too, but, being employee of the agency, I understood some of what takes place behind the scene. You have to allow the process to take its natural course. No judge is going to along with this type of lawsuit and I don’t know if the lawyer has explained you some of the unintended consequences that might result from the lawsuit.

 

Somewhat agree: Actually most of us (here) waited throughout (or considerable part) of our life to immigrate to USA. Now, most people feel desperate when few of us move quicker than rest, or we hear that some of them are stuck for more than two years and decision is still pending in AP status despite all necessary is already provided. Considering everyone put best/sincere efforts, money and time to get decision in time.

 

Suppose all driving in queue without any law violation along with other cars and arrive at juncture in front of a signal. Now few cars move ahead from front/below queue so quickly and rest to stand still until there is a decision to made on their fate and they don't know how long to stay there and what will be the outcome of that decision. Neither you move ahead nor you can go back, and considering there is no time for decision making. On top of that sergeant is quite busy in own business and tells you stay there where you are. So we are in same situation, a quick decision can save time and life to move on.

 

Now take time we also trust these scrutiny systems, but do not take unlimited time a humble request. In this case it is not ridiculous when competent authority gives particular amount of time to make mind and take decision, because unlimited time won’t help either if you still figuring out. To best of my knowledge, as per law, US authorities can deport anyone if later they figure out that the arriving individual(s) had lied, misrepresented or done something unlawful to gain entry to USA.  So even after getting approval to stay in US one doesn't have right to remain in USA and that is how their system works, correct if I am wrong.
-----

 

Bottom line: in the age of internet, most countries with right resources are watching, listening, keep close eye on privy of every individual because it is very difficult to be hidden for long now a days. Probably there might be few individuals in the forum too that silently watching us and keeping close eyes on our activities. There is no intent to malign anyone, or ridicule any system which is in place for due diligence, but every system has limitations too. There is where a human can decide, despite all advancements in technology and knowledge, evil can become saint and saint can become evil, without prior signs. :)

Posted
10 hours ago, warraich02 said:

US Embassy is part of the American System.   People who work inside the Embassy are employees of the US Government who work there on rotational bases. 

 

 

 

You are right, we were not stuck with two years wait; our visa took more than two years (about 26 months).   I am a US Government employee, I work for DHS.  My family and I have been through extensive and exhaustive background check before I got hired on, which is part of the normal hiring process,  but it still took more than two years for our visa to be issued.  Because it was a personal matter, government ethics rules prevented me from using official channels to conduct inquiry.  But I always had faith in the system as I am part of it. 

 

 

 

No, I do not know everything about everything but I know more about the system than you could ever imagine.  And for that reason, I ask that you have faith in it!

 

indeed officer.

Posted
14 hours ago, warraich02 said:

US Embassy is part of the American System.   People who work inside the Embassy are employees of the US Government who work there on rotational bases. 

 

 

 

You are right, we were not stuck with two years wait; our visa took more than two years (about 26 months).   I am a US Government employee, I work for DHS.  My family and I have been through extensive and exhaustive background check before I got hired on, which is part of the normal hiring process,  but it still took more than two years for our visa to be issued.  Because it was a personal matter, government ethics rules prevented me from using official channels to conduct inquiry.  But I always had faith in the system as I am part of it. 

 

 

 

No, I do not know everything about everything but I know more about the system than you could ever imagine.  And for that reason, I ask that you have faith in it!

 

and finally, for our much clarity, does dhs checks for criminal background of applicants, or more than that, or complete in view of provided documents including eligibility of acceptance of application. 

 
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