Filing lawsuit against the embassy and Uscis

[NLZZLN 6]

Hello,

 

i have contacted a lawyer and he is saying if our case is outside the normal time frame i can sue the embassy and the uscis to make a decision on my case. What do u guys think should i go through this route ?? Im just so scared to take this step. The lawyer is saying it wont affect my case but they will make the decision soon but it can be good or bad. My husband’s case is under administrative processing for more than 1 year and almost 5 years since we started the case. Please everyone give ur opinions as we are so frustrated and think this is the last step to do. 

 

Thank u

[JFH 12,190]

You are thinking of a writ of mandamus. In this situation it’s likely to get the visa denied. Federal law prohibits a visa from being issued until all security checks have been completed. A writ of mandamus forces them to make a decision (it DOESN’T force the case to be approved or to speed up the background checks). If the security checks are not complete and a decision is forced by writ of mandamus then the only outcome will be a denial. There is absolutely no way to speed up the AP stage. 

[Cyberfx1024 7,980]

6 minutes ago, NLZZLN said:

Hello,

 

i have contacted a lawyer and he is saying if our case is outside the normal time frame i can sue the embassy and the uscis to make a decision on my case. What do u guys think should i go through this route ?? Im just so scared to take this step. The lawyer is saying it wont affect my case but they will make the decision soon but it can be good or bad. My husband’s case is under administrative processing for more than 1 year and almost 5 years since we started the case. Please everyone give ur opinions as we are so frustrated and think this is the last step to do. 

 

Thank u

It's certainly a shot especially since your case has been going on that long.

[Unlockable 7,315]

22 minutes ago, NLZZLN said:

Hello,

 

i have contacted a lawyer and he is saying if our case is outside the normal time frame i can sue the embassy and the uscis to make a decision on my case. What do u guys think should i go through this route ?? Im just so scared to take this step. The lawyer is saying it wont affect my case but they will make the decision soon but it can be good or bad. My husband’s case is under administrative processing for more than 1 year and almost 5 years since we started the case. Please everyone give ur opinions as we are so frustrated and think this is the last step to do. 

 

Thank u

It is called writ of mandamus (WOM). It is basically a legal requirement for the organization you are suing to make a decision based on the status of the case at that time.

 

Here is where it can backfire. Sometimes it is out of USCIS or the embassies hands. For example, if immigration is waiting on background checks of the beneficiary from their country's federal organizations that hasn't came in yet, obviously US immigration can't move forward with your case. If you sue for WOM, then they have to make a decision based on where your case is currently at. And if they don't have a background check on you, which is a essential requirement, then they have to deny your case.

 

We know the waiting sucks. But it is not all US immigration's fault. It is a complex process that involves multiple government entities from different countries. 

 

Unless your case is severely overdue (nearly a year or more), I would not risk WOM.

 

Edited: I just reviewed your timeline. You are in AP for over a year and 2 years since filing. Yeah, I think WOM may be a viable option.

Edited January 13, 2019 by NuestraUnion

[geowrian 22,337]

Agreed with @NuestraUnion and @JFH. A WoM is an option but be aware of the possible consequences. Think of it as a last resort...if it doesn't go the way you want, you will likely need to start the entire process over. Is that something you are willing to risk? If the case is in background checks, then that would be the expected result. If it's due to something else, it may or may not be beneficial.

 

Typically, I would not suggest the WoM route until you are in the multiple-year stage of waiting. It sounds like you are approaching that, but not quite there yet.

Edited January 13, 2019 by geowrian

[Ron12345 17]

3 hours ago, JFH said:

You are thinking of a writ of mandamus. In this situation it’s likely to get the visa denied. Federal law prohibits a visa from being issued until all security checks have been completed. A writ of mandamus forces them to make a decision (it DOESN’T force the case to be approved or to speed up the background checks). If the security checks are not complete and a decision is forced by writ of mandamus then the only outcome will be a denial. There is absolutely no way to speed up the AP stage. 

This is wildly inaccurate. If it's stuck in security checks, they will expedite the security checks. They can only deny the visa for a legal reason. 

 

My advice to the OP is to speak to an attorney who specializes in WOM.

[geowrian 22,337]

13 minutes ago, Ron12345 said:

This is wildly inaccurate. If it's stuck in security checks, they will expedite the security checks. They can only deny the visa for a legal reason.

How does one expedite security checks?

[Ron12345 17]

4 minutes ago, geowrian said:

How does one expedite security checks?

What happens in 99% of cases is that the U.S. attorney contacts the embassy and tells them to get moving on the case so they dont have to defend the lawsuit in court. The embassy then sends an expedite request and stuff magically happens.

[geowrian 22,337]

3 minutes ago, Ron12345 said:

What happens in 99% of cases is that the U.S. attorney contacts the embassy and tells them to get moving on the case so they dont have to defend the lawsuit in court. The embassy then sends an expedite request and stuff magically happens.

I see.

[Unlockable 7,315]

3 minutes ago, Ron12345 said:

What happens in 99% of cases is that the U.S. attorney contacts the embassy and tells them to get moving on the case so they dont have to defend the lawsuit in court. The embassy then sends an expedite request and stuff magically happens.

From everything that I have referenced from lawyer sites who have file WOM cases, what @JFH stated was accurate. Also, it could be something outside of security checks.

 

So what happens if it is something outside of security checks? Proof of marriage or being unmarried, or something?

[Ron12345 17]

Just now, NuestraUnion said:

From everything that I have referenced from lawyer sites who have file WOM cases, what @JFH stated was accurate. Also, it could be something outside of security checks.

 

So what happens if it is something outside of security checks? Proof of marriage or being unmarried, or something?

 

What websites? Have you actually spoken to attorneys who specialize in these?

 

Proof of marriage? Like when they suspect fraud or what do you mean? 

 

In 99% of cases the US attorney will contact the embassy and the embassy will expedite so that they do not have to spend resources in court. The end result of the expedite will be the same result as if you waited for them to complete on their own timeline. They do not retaliate. If they deny, there must be a legal justification. These are the facts.

[Unlockable 7,315]

4 minutes ago, Ron12345 said:

 

What websites? Have you actually spoken to attorneys who specialize in these?

 

Proof of marriage? Like when they suspect fraud or what do you mean? 

 

In 99% of cases the US attorney will contact the embassy and the embassy will expedite so that they do not have to spend resources in court. The end result of the expedite will be the same result as if you waited for them to complete on their own timeline. They do not retaliate. If they deny, there must be a legal justification. These are the facts.

Legal websites like AVVO where lawyers discuss cases like this.

 

Yes, it makes sense that the embassy would rather make attempts to push things through. But the concern is if they still are unsuccessful in getting the needed information in an appropriate amount of time for the WoM.

 

[Ron12345 17]

6 minutes ago, NuestraUnion said:

Legal websites like AVVO where lawyers discuss cases like this.

 

Yes, it makes sense that the embassy would rather make attempts to push things through. But the concern is if they still are unsuccessful in getting the needed information in an appropriate amount of time for the WoM.

 

I would need to see links to know which specific cases you are referring to. Most immigration attorneys are clueless as well.

 

Many just handle filing petitions, which a donkey could do.

 

The embassy can get the needed info in 1-2 days if they choose to. They typically only fight in cases with serious national security concerns. 

 

If they do fight, you best hope that you have a favorable judge who believes the time is unreasonable. Assuming you win, the judge will then order them to complete their processing in order to render adjudication. 

[Unlockable 7,315]

6 minutes ago, Ron12345 said:

I would need to see links to know which specific cases you are referring to. Most immigration attorneys are clueless as well.

 

Many just handle filing petitions, which a donkey could do.

 

The embassy can get the needed info in 1-2 days if they choose to. They typically only fight in cases with serious national security concerns. 

 

If they do fight, you best hope that you have a favorable judge who believes the time is unreasonable. Assuming you win, the judge will then order them to complete their processing in order to render adjudication. 

I would have to hunt down those discussions. This was from previous research a while ago on the topic. And I have the same sentiments about a lot of lawyers not being well versed on many things other than filing cases.

 

Unfortunately, VJ do not get many, if any, WoM cases or updates for us to reference. Most times it is when people are frustrated because they are only a couple of weeks in AP or a few weeks outside normal processing times do they come here screaming about suing everybody  (the Embassy, USCIS, and we've even seen threats about suing the actual CO). This is where most of our advice about WOM goes towards.

 

Like I mentioned in my earlier post, because of the length of time of the OP. A WoM would be a viable option for them.

[Ron12345 17]

23 minutes ago, NuestraUnion said:

I would have to hunt down those discussions. This was from previous research a while ago on the topic. And I have the same sentiments about a lot of lawyers not being well versed on many things other than filing cases.

 

Unfortunately, VJ do not get many, if any, WoM cases or updates for us to reference. Most times it is when people are frustrated because they are only a couple of weeks in AP or a few weeks outside normal processing times do they come here screaming about suing everybody  (the Embassy, USCIS, and we've even seen threats about suing the actual CO). This is where most of our advice about WOM goes towards.

 

Like I mentioned in my earlier post, because of the length of time of the OP. A WoM would be a viable option for them.

A lot of selfish people on these boards. They take, take, take info and give nothing back. I've seen it in other immigration groups too.

 

Typically you can file mandamus for a spouse/fiance after 6 months and after 1 year for other immediate relatives. 

 

The CO is party to the suit.

Edited January 13, 2019 by Ron12345