Filing lawsuit against the embassy and Uscis

[Ahmed&Freda 628]

8 minutes ago, Ron12345 said:

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.

Totally agree it makes it very difficult to come up with correct time lines.  Some people just disappear at some point and you never hear how they made out.

 

Thanks for your input very good to know.   

[bestluck 71]

5 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

I was in Administrative process more them 3 years Alot of poeople telling me  sue the embassy i wait and wait and wait been really hard times waiting for visa to be with my wife , finally embassy move on with new form ds 230 and picture and all information request by embassy issued my visa i got visa Sep 2014 and my case was file in 2009 and 2011 was my interview so just imagine how hard that could be just be patient and wait for embassy cos there is nobody can tell you when they will complete administrative process during this time Home Investigator , Make sure saved all your documents and ones a while check your case status and follow the embassy my thoughts to you that  good luck and if u got any more question feel free to message me please ,

Good luck   

Edited January 13, 2019 by bestluck

[Loren Y 2,755]

ROFL... I'm sorry, but I couldn't get past the " stuff magically happens" post. 

 

I would hold off a few months, as the other first few posts said, this seems like a last resort hail Mary type play.

[Jeanne Adil 1,651]

without us knowing why the long  AP who can really advise?

one of our moroccan members was in AP a year and 2 months / reason being the man had worked in Saudi for 3 years and Saudi will only give criminal reports on their own citzens so the Department of Homeland Security had to do the security check

this being said "has the beneficary worked outside his country or done a lot of traveling according to his passport?"

all this comes into play

 

without my husband traveling and working outside his country and no AP for anything ,  we were 6 years to go thru this process

you need patience and just let the embassy do their work 

sorry as i know this is heartbreaking but so many of us go thru this and i don't see suing as a help as a real lawsuit is years before it is concluded

doesn't mean not to get a GOOD immigration attorney on the job for u to try contacting the embassy for a faster answer 

and this as all the above is just my opinion

good luck and the very best to you

[Ron12345 16]

1 hour ago, Loren Y said:

ROFL... I'm sorry, but I couldn't get past the " stuff magically happens" post. 

 

I would hold off a few months, as the other first few posts said, this seems like a last resort hail Mary type play.

It's only funny if you have no experience with writs 😉

It's not a hail mary. As long as the OP's case is rock solid, it's as safe as a sacrifice bunt.

Edited January 14, 2019 by Ron12345

[geowrian 22,337]

I'm not sure I would risk literally years of waiting on those odds when waiting a little longer (still with a rock solid case) has a 0% chance of failure.

[NikLR 13,227]

Reading through the OP's previous posts it looks like they were requested to file DS-5535.  In reality their AP doesn't start until the embassy receives that document regardless of when the interview happened.  

 

The OP has little information other than marriage happened approximately a year before the I-130 was filed and then interview happened several years afterwards.  I"m not sure if there was several RFE, if there was multiple interviews, maybe a NOIR in there? 

There's very little information to go on about WHY the OP may be in AP.

 

So as for suggesting doing something that demands the DOS take action (filing against the USCIS would be pointless as they have zero influence or control at this point) when we aren't sure of more details isn't something anyone on the board really can yay or nay just randomly. 

[Ron12345 16]

59 minutes ago, geowrian said:

I'm not sure I would risk literally years of waiting on those odds when waiting a little longer (still with a rock solid case) has a 0% chance of failure.

A writ does not increase your chances of failure. It has no impact on the final adjudication. In 99% of cases, a writ will guarantee a decision with 2-3 months. If they decide to fight you in court, it's a sign that there is probably something seriously wrong with your background, and your case was in trouble writ or no writ.

[Ron12345 16]

1 hour ago, geowrian said:

I'm not sure I would risk literally years of waiting on those odds when waiting a little longer (still with a rock solid case) has a 0% chance of failure.

To add, there are basically 2 reasons to not file a writ.

 

1. Legal fees

2. Serious red flags in the applicants/petitioners background.

[geowrian 22,337]

16 minutes ago, Ron12345 said:

In 99% of cases, a writ will guarantee a decision with 2-3 months.

Source?

[Ron12345 16]

7 minutes ago, geowrian said:

Source?

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

[geowrian 22,337]

5 minutes ago, Ron12345 said:

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

My bad...I didn't quote the entire statement.

 

So after 60 days, if the cause of AP (e.g. background checks) have not yet been completed, what happens? The government has to adjudicate under the order.

[Ron12345 16]

14 minutes ago, geowrian said:

My bad...I didn't quote the entire statement.

 

So after 60 days, if the cause of AP (e.g. background checks) have not yet been completed, what happens? The government has to adjudicate under the order.

If they dont respond, then they would default. I presume the judge would order them to complete all required processing and adjudicate. Idk what the exact timeline would be... perhaps 1 week? I'm not an attorney.

 

What typically happens is that during those 60 days they ask your attorney for a 30 day extension. Your attorney usually grants it. Sometime during those 90 days, they will finish processing and adjudicate. They can ask for a second 30 days extension as well, which you can affirm/deny. If you don't  the judge might order it.

 

If they instead want to fight you directly in court and do not ask for extensions, then you are probably in deep doo doo. If after the extensions, the same occurs you are also in deep doo doo. Highly unusual.

Edited January 14, 2019 by Ron12345

[nastra30 2,287]

There was similar discussion on this. You may refer to it for more talking points.

 

[Ron12345 16]

23 minutes ago, nastra30 said:

There was similar discussion on this. You may refer to it for more talking points.

 

That thread is full of complete misinformation. I don't understand why people with no knowledge or understanding of mandamus are commenting in these threads. The OP in that thread was right on the basic factual premise, but was generally confused. His case also sounded extremely complicated (FBI informant?!). That is not a typical mandamus case.

 

The Iranian poster in that thread who filed on behalf of her husband and was successful is a perfect example of a normal mandamus filing. She was mistaken about a couple of facts, which are immaterial to mandamus as a whole.