Filing lawsuit against the embassy and Uscis

[Roel 7,192]

Lol good luck with that. 

People dont usually do this for a reason. 

[Ron12345 16]

8 minutes ago, Roel said:

Lol good luck with that. 

People dont usually do this for a reason. 

They don't do it because they are scared and don't consult an attorney. Some attorneys quote outrageous prices as well.

[Roel 7,192]

Just now, Ron12345 said:

They don't do it because they are scared and don't consult an attorney. Some attorneys quote outrageous prices as well.

Sure. Or they just dont believe in magic expedites. 

[Ron12345 16]

1 minute ago, Roel said:

Sure. Or they just dont believe in magic expedites. 

Why don't you go into Pacer and look at actual cases. The vast, vast majority will say dismissed by plaintiff after 2-3 months. There is a reason why.

[NLZZLN 6]

Thanks everyone for the answers. I just dont know what to do now since everyone’s opinion is different. The lawyer i spoke to he was saying that it will speed up the things and then the embassy will have to make a decision. 

 

My case is since oct 2014 and i got married in 2013 feb. my husband’s interview was January 2017. We took things slowly that time but now my husband is going through a tough time at his work so we want things to get done sooner. The officer was ready to give him visa during his interview he took his passport and gave him that congratulations letter with the green card fees paper and told him to collect the passport within 2-3 days. But i was pregnant so my husband told the officer to hold his visa for one year. He agreed n told my hubs to send new medical with passport after june before june only passport he will need to send. He put all the details in computer. So in November 2017 we sent new medical with passport and we received it back the same day with the letter 221g for for administrative processing. Also an email ds5535 and i also got a call from the officer saying i needsubmit this form then my case will be completed. So in February i send a new affidavit just to check the status. Then i got call from the embassy saying they didnt get my email for ds5535. For 3 month we waiting n they didnt even start the case. He also told me since my husband renewed his passport thats y he need to go through AP. Then i sent the email again and i have sent by post as well. Till now not one single update on my case only when i contact them. This is the whole story. 

 

We have 2 kids and total of 6 years of marriage there is not anything we hid from them. Also my husband only travels to Pakistan with us once a year to visit family. We are currently in uae on resident visa. Now he is having difficulties is in job thats y we want to go through this route but i just dont want to get denied. 

 

Please everyone suggest should we wait more or go ahead with it. The lawyer we found is jim hacking if u know he is good let me know that too.

 

thanks everyone 

[Roel 7,192]

Your husband is from pakistan ? Aren't they on the ban list? If yes then the visa wont issues no matter what. 

 

Also trips there are probably the reason for long AP and suing wont fix it. 

[Ron12345 16]

3 minutes ago, Roel said:

Aren't they on the ban list? If yes then the visa wont issues no matter what. 

False on both counts.

[NLZZLN 6]

13 minutes ago, Roel said:

Your husband is from pakistan ? Aren't they on the ban list? If yes then the visa wont issues no matter what. 

 

Also trips there are probably the reason for long AP and suing wont fix it. 

No pakistan is not on the list. 

[SusieQQQ 11,586]

2 hours ago, NLZZLN said:

 

 

But i was pregnant so my husband told the officer to hold his visa for one year.

 

I don’t understand why you did this. If you were pregnant surely your husband should have tried to get to you as fast as possible, not asked to wait another year?

 

This seems to have been part of the issue, the DS5355 as a form was introduced August 2017, during the period of your intentional delay, which then served to delay everything even longer.

Edited January 14, 2019 by SusieQQQ

[NLZZLN 6]

 

2 hours ago, SusieQQQ said:

I don’t understand why you did this. If you were pregnant surely your husband should have tried to get to you as fast as possible, not asked to wait another year?

 

This seems to have been part of the issue, the DS5355 as a form was introduced August 2017, during the period of your intentional delay, which then served to delay everything even longer.

Because of some personal reasons we wanted to do the delivery here in UAE. Yeah i know we made a mistake that time but it doesnt mean that it should be delayed that long more than one year. 

Edited January 14, 2019 by NLZZLN

[Going through 5,671]

Let us know how the writ of mandamus goes, if you choose to pursue that route.

People who think about/say they will do this hardly report back on how it went, and what the final outcome was.

Edited January 14, 2019 by Going through

[NLZZLN 6]

8 minutes ago, Going through said:

Let us know how the writ of mandamus goes, if you choose to pursue that route.

People who think about/say they will do this hardly report back on how it went, and what the final outcome was.

Yes im thinking about going through this route as i dont have any other choice left. I cant wait any longer. I will definitely let everyone know the result as it will take few months. 

[Khallaf 650]

8 hours ago, Ron12345 said:

The source is that the government has 60 days to respond from the time they are served.

I have to add something, your information is not all correct, I reached out to an attorney at the time of thought I was going to file a WoM and this is just part of what he told me in my email.

 

"Sadly, a federal case can take years.  Also though, I will tell you I have had experiences where we somehow manage to “scare” the government into making a deal with us asap.  I’ve never really figured out the formula for that, so I always take the long approach."

 

"Sometimes, I’ve seen Immigration just place a file on a shelf (and call it admin investigation) and wait for the marriage to fall apart.  I would expect you can wait for a few years.  I’ve got a particular case where we are going on 5 years now and we’ve had 2 interviews (the last one about a month ago)."

 

"Unfortunately, things get “lost” in bureaucracy and don’t get found years after.  That is why a writ of mandamus in federal court, to force the issue. 

 

I am not aware of a specific timeline for the AP.  I have know Immigration to do legitimate investigations that require them to travel to the beneficiaries home country and interview people in their home town.  Those investigations can legitimately take a few years because of logistics etc.

 

However, I would suggest continuing to hound your Senators and Representatives until they get something done for you."

 

 

if you file a WoM you are looking at thousands upon thousands of dollars in a case that could potentially be tied up in federal court for YEARS!

 

the embassy can also put a file on a shelf and let it sit, if you piss them off, it can just sit, is it right?? no, can they do it for no reason? sure can.

 

if you force an embassy to make a decision before a conclusive background check has been completed it will result in a denial

[Khallaf 650]

13 minutes ago, NLZZLN said:

Yes im thinking about going through this route as i dont have any other choice left. I cant wait any longer. I will definitely let everyone know the result as it will take few months. 

reach out to https://www.jasonfinchlaw.com/ that is if you don't already have an attorney, he is going to be a straight forward person with you.

 

if you haven't already contact state senators in your home state, they actually do help.

 

I know that it has been an long process and and really I can somewhat know how you feel, not completely know but somewhat as my husband was in AP.

[Sellamalola 222]

18 hours 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

Make sure you retain an experienced immigration lawyer and you’ll be ok, they cannot retaliate against you but instead expedite the process delays, especially if you’re outside of processing times for that long. I watch a live show on Facebook/YouTube with a very successful immigration lawyer here in NY (you can actually call and ask questions for guidance for free: Brad show live) and he talks about the mandamus all the time and he always says that the federal government prefers to speed up their gears instead of dealing with a lawsuit and decisions are made soon after, also you have a lawyer on top of it and they have more privileges when contacting USCIS or Embassies. Good luck 🍀👍🏽