Help please

[jdaveh 58]

4 hours ago, Ron12345 said:

No offense, but what are you even talking about? What bypassing of the system? Technically the US state department does not even recognize/accept Iranian police certificates, although the officer took a copy in our case. 

 the conversation had turned to people discussing purchasing citizenship from carribean countries . That is what I was referring to

[Anibunny 9]

 There is a waiver template....I will try to get it to you. It was written by a lawyer, though I was under the impression it was not necessary and each consular officer is responsible to initiate the process. It seems a lot of people here cannot give good advice bc they do not understand the travel ban as it does not apply to them. Especially the rude one above who says you don’t get, when he is clearly the one who doesn’t get it.

[salhasl 113]

On 8/4/2018 at 3:41 AM, Anibunny said:

 There is a waiver template....I will try to get it to you. It was written by a lawyer, though I was under the impression it was not necessary and each consular officer is responsible to initiate the process. It seems a lot of people here cannot give good advice bc they do not understand the travel ban as it does not apply to them. Especially the rude one above who says you don’t get, when he is clearly the one who doesn’t get it.

I know there is a waiver template, but OP is already in AP, which means she already qualified for waiver consideration. Now they just have to do the full AP - which is what they are doing for everyone. If she hadnt qualified for waiver, they would have refused her and told her she did not qualify for waiver. But they cannot do that, because the proclamation makes an exception for Immediate relative, and I have read a cable from the embassy that says K1's are to be considered as IR's in the context of the PP.

 

Now, if she has a legitimate medical/exceptional condition that was not included in the original documents, then certainly she can submit this information, although I dont know of a mechanism that will get that to the geniuses at DOS in washington DC.  Moreover, in many cases the consular folks have simply refused to take waiver letters. When you think about it,  When the consular is saying I dont need your waiver letter, he is saying - I've already determined you meet the undue hardship/national interest criterion, so your letter is of no use. Now the DOS needs to determine you meet the Nat Sec criterion - and no waiver letter can do that. You could have the Pope sign the letter but they wont care. Which is why I am reasoning the DOS is vehemently saying we dont need you or your lawyers to write waiver letters. All of this is conjecture, based on my reading. No inside source.

 

The ONLY situation where a waiver letter is of any use, is if there is truly a pressing medical/exceptional situation, at least from what I have read so far. If not, just wait 1 year and file a writ. It will cost just about the same and atleast from what I have read, writs actually have a history of getting a result and you have the support of the US judiciary to get things moving. The govt picks and chooses its battles on writs, so only do it if you are certain both you and your spouse are clean as a whistle, and would not be in AP if it weren't for the proclamation. Like if your guy is a nuclear scientist with a name like Victor Frankenstein, dont file a writ. But if your girl is a elementary school teacher with a pink dress and a tiara, writ might work.  

 

 

[Anibunny 9]

Sounds you are well informed. I thought writ of mandamus just forces them to make a timely decision on your case if it’s been over a year? Could that hasten them to reject you is what I wonder? So the DOS gets the waiver request from the consular officer and they have been allowing about 2% of waiver requests to be cleared from what else I have read. Any updates on if those numbers have been increasing?

[Anibunny 9]

Also I hear there are lawsuits currently in process about the way the waiver process has been applied, or lack thereof. There have been some cases of extreme undue hardship that were still rejected until they drew a lot of attention from the media 😔

[salhasl 113]

3 hours ago, Anibunny said:

Sounds you are well informed. I thought writ of mandamus just forces them to make a timely decision on your case if it’s been over a year? Could that hasten them to reject you is what I wonder? So the DOS gets the waiver request from the consular officer and they have been allowing about 2% of waiver requests to be cleared from what else I have read. Any updates on if those numbers have been increasing?

If you see here, i did an analysis of visa numbers/waivers. 

 

Waivers and visas ARE coming, but they are VERY slow.  Dont pay too much attention to that 2% number.  Thats 2% of all visa apps. That includes tons of NIVs, Fs, DVs and all other categories which I have no clue why people are even applying. If you narrow down to the IR number, that percentage gets higher. And since AP takes upwards of 1 year even now, I would not expect too many of 2018 interviews to have 2018 visas. 

 

I read a few people discouraging writs, but I havent really seen a rejection being triggered by a writ. If your case is straight forward, and you or your fiance have nothing to hide, a writ is very effective. Contrary to what a lot of jokers on this site say, the govt cannot DENY your case just because you file a writ. The bar for denying an IR case is VERY high. The govt has to prove that your spouse is truly a Nat Sec risk. Other wise, a judge can force them to adjudicate within a reasonalbe timeframe. The govt has fought back and actually denied some, but those cases are weird situations - like I read about some Afghan dude with a questionable history who got denied. Mostly I have seen the govt does not fight cases they dont think worth fighting. If you search there are multiple successful writs on this website also. But be reasonable, wait atleast 1 year in AP before you file a writ. 

 

 

[salhasl 113]

4 hours ago, Anibunny said:

Also I hear there are lawsuits currently in process about the way the waiver process has been applied, or lack thereof. There have been some cases of extreme undue hardship that were still rejected until they drew a lot of attention from the media 😔

Yes, Im aware of extreme hardship cases. I dont know exactly what happened there, but the consular officers said the case is denied,this is true. I also know about the lawsuit, https://www.pacermonitor.com/public/case/23929206/Emami_v_Nielsen_et_al It will be atleast a few months before this lawsuit gets any action from the govt. Like the case conference is Sept 20th. 

 

The DOS is a behemoth like any govt agency its full of inefficiencies and clueless people. What I observe is, their first reaction is to deny. They all want to save their jobs, and no one will get fired if they deny. If they approve someone who should not be approved, they get into trouble. So their first instinct is to deny. Then when the lawyers or the media or a judge, or a supreme court justice calls them out, thats when they get their act together. 

 

Almost everyone who was denied intially got an updated email saying something like "Sorry, I hope you didnt think we denied you when we said we denied you, because you know, we sometimes say things we dont mean, and you just have to read our mind.  So please wait in AP while we figure out what to do.". Im kidding, but here is the actual text of the email:

 

 

 

[cdneh 3,112]

7 hours ago, Anibunny said:

Sounds you are well informed. I thought writ of mandamus just forces them to make a timely decision on your case if it’s been over a year? Could that hasten them to reject you is what I wonder? So the DOS gets the waiver request from the consular officer and they have been allowing about 2% of waiver requests to be cleared from what else I have read. Any updates on if those numbers have been increasing?

That is what a writ of mandamus does. It gives the government 30 days to render a decision. And they will. If they are not finished with AP, the decision will be a denial. 

[salhasl 113]

37 minutes ago, cdneh said:

That is what a writ of mandamus does. It gives the government 30 days to render a decision. And they will. If they are not finished with AP, the decision will be a denial. 

Can you point me to actual cases where you have seen a denial as a result of a writ FOR an IR1 OR CR1 case? 

Edited August 8, 2018 by salhasl

[cdneh 3,112]

12 minutes ago, salhasl said:

Can you point me to actual cases where you have seen a denial as a result of a writ FOR an IR1 OR CR1 case? 

Can you?  I have yet to read about a successful writ outcome for AP here in the 11 years I've been a member. A writ forces a decision, not an approval.

[salhasl 113]

13 minutes ago, cdneh said:

Can you?  I have yet to read about a successful writ outcome for AP here in the 11 years I've been a member. A writ forces a decision, not an approval.

Ok so I am assuming you dont have a specific example of a denial of an IR or a CR that resulted from a writ. Please correct me if you do.

 

[salhasl 113]

Just in case someone is looking for how effective mandamus is:

 

http://michaelzgoldman.com/?gclid=CMHHuan--78CFQto7AodAmEA6A

[cdneh 3,112]

10 minutes ago, salhasl said:

Just in case someone is looking for how effective mandamus is:

 

http://michaelzgoldman.com/?gclid=CMHHuan--78CFQto7AodAmEA6A

Mandamus is effective. If AP is not completed, the decision demanded in the thirty-day time frame will be a denial. 

[salhasl 113]

2 minutes ago, cdneh said:

Mandamus is effective. If AP is not completed, the decision demanded in the thirty-day time frame will be a denial. 

Just present a single case where a writ resulted in a denial because AP was not finished. 

 

There are dozens of cases where writs have gotten visas, as can be seen from the link above, or with a simple search of this site. 

 

 

 

[cdneh 3,112]

Your link goes to the office of a lawyer. happy to take your money.

 

Upper right, search box. Have a hunt. You will not likely find anyone who has been on VJ longer than 5 minutes suggest a writ for AP.