writ of mandamus

[abdo1 40]

hi everyone please can someone tell me the steps to file writ of mandamus to US consulate in casablanca from florida  ? i do not want to use a lawyer, what forms or how to apply to federal court, any suggestions looking forward hearing your replies...

[geowrian 22,337]

A WoM, especially against the consulate, is not something I would recommend without the assistance of a lawyer. This is a highly technical process outside the realm of somebody not experienced in this area of law.

[abdo1 40]

4 minutes ago, geowrian said:

A WoM, especially against the consulate, is not something I would recommend without the assistance of a lawyer. This is a highly technical process outside the realm of somebody not experienced in this area of law.

okay thank you, do you know what are steps to file it ?

[Unlockable 7,314]

1 hour ago, abdo1 said:

okay thank you, do you know what are steps to file it ?

For detailed steps, there isn't anyone here that has the know how, imo. It is a formal lawsuit that is filed against an agency of the US government. I have not seen anybody with the expertise on this site on filing WoM. That is why a lawyer is almost certainly necessary.

 

We get inquiries about WoM about once or twice a month. And I have been on this site for more or less 5 years. I have yet to see anyone who have followed up with us about successfully filing a WoM. The farthest I have seen is someone received quotes from lawyers about the WoM, and they were quoted somewhere around $15,000 by the lawyer. He never followed up and told us if he actually file the WoM. 

 

I think the biggest reason is the cost and the fact that a WoM doesn't guarantee an approval. In fact, you can win a WoM yet be denied your immigration case because of it.

Edited November 15, 2019 by Unlockable

[geowrian 22,337]

13 minutes ago, abdo1 said:

okay thank you, do you know what are steps to file it ?

It starts by filing a complaint with the federal court that has jurisdiction. That alone can be difficult to correctly ascertain for a case held by DOS. Few courts are willing to even consider consular decisions, or lack thereof, under their judicial review.

Sorry I can't be of much help here, but this is really a question for an experienced lawyer that deals with WoMs. There is a reason they typically charge in the 5 digits for this kind of work as it is more complex and specialized than most activities.

[JeanneAdil 6,498]

Writ of Mandamus. A Writ of Mandamus is a lawsuit filed against a government agency that asks the court to force the agency to fulfill its mandated duties. Basically, that means you sue the government to make sure that it does it's duty of deciding your immigration case.

 

A regular citizen cannot issue his own Writ of Mandate, he can only request or petition an authority to do so. The mandamus is a discretionary, equitable remedy, which must be made in good faith. ... The citizen can file a Petition for Writ of Mandate to a court to enforce an action required by law.

 

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes.

(2)(A) The petition must be titled “In re [name of petitioner].”

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue presented by the petition; and

(iv) the reasons why the writ should issue.

(C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.

(3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time.

 

You do realize this will take time to go thru the court system AND could result in the embassy giving you a decision NOT IN YOUR FAVOR

 

they asked for your chats from 2014 and 2015 / they are allowed to ask for anything that reinforces your claim of when you met and started this relationship   The Casa embassy just sent a case (after the case was reaffirmed by USCIS a year ago) back to the USCIS for a IR1 when they could not produce any of the chat history for 2013 that was claimed as meeting by the 2 involved.  Basically you have to be able to prove what was stated in the application about meeting and chatting.

 

Get that chat history and prove what you need to prove to the embassy

 

[RJandHamid 1,133]

Like others have said, a writ is not something you can successfully do on your own. I used to think that filing a writ was a waste of money, but over the past year I've seen at least 5 cases (in Casablanca) where a visa was issued after a writ was filed. All of them used the same firm, Hacking Law. 

[Crazy Cat 41,845]

This sounds extremely expensive.......

[abdo1 40]

5 minutes ago, RJandHamid said:

Like others have said, a writ is not something you can successfully do on your own. I used to think that filing a writ was a waste of money, but over the past year I've seen at least 5 cases (in Casablanca) where a visa was issued after a writ was filed. All of them used the same firm, Hacking Law. 

thank you i will contact hacking law

[abdo1 40]

16 minutes ago, JeanneAdil said:

Writ of Mandamus. A Writ of Mandamus is a lawsuit filed against a government agency that asks the court to force the agency to fulfill its mandated duties. Basically, that means you sue the government to make sure that it does it's duty of deciding your immigration case.

 

A regular citizen cannot issue his own Writ of Mandate, he can only request or petition an authority to do so. The mandamus is a discretionary, equitable remedy, which must be made in good faith. ... The citizen can file a Petition for Writ of Mandate to a court to enforce an action required by law.

 

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes.

(2)(A) The petition must be titled “In re [name of petitioner].”

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue presented by the petition; and

(iv) the reasons why the writ should issue.

(C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.

(3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time.

 

You do realize this will take time to go thru the court system AND could result in the embassy giving you a decision NOT IN YOUR FAVOR

 

they asked for your chats from 2014 and 2015 / they are allowed to ask for anything that reinforces your claim of when you met and started this relationship   The Casa embassy just sent a case (after the case was reaffirmed by USCIS a year ago) back to the USCIS for a IR1 when they could not produce any of the chat history for 2013 that was claimed as meeting by the 2 involved.  Basically you have to be able to prove what was stated in the application about meeting and chatting.

 

Get that chat history and prove what you need to prove to the embassy

 

thank you for the info i already provided the chats and another joint sponsor last september 2019, also my wife lived with me from 2015 to june 2019 so we did not use too much chat  cause we were living together already sent proofs of living together , i attended 2 interviews first one was march 2019 second one was august thats when they asked for another sponsor and chats which was already sent last september, they called me they said they have all required documents but still no decision yet , my medical expired last sept 14 2019.....

Edited November 15, 2019 by abdo1

[Unlockable 7,314]

35 minutes ago, abdo1 said:

thank you for the info i already provided the chats and another joint sponsor last september 2019, also my wife lived with me from 2015 to june 2019 so we did not use too much chat  cause we were living together already sent proofs of living together , i attended 2 interviews first one was march 2019 second one was august thats when they asked for another sponsor and chats which was already sent last september, they called me they said they have all required documents but still no decision yet , my medical expired last sept 14 2019.....

If you move forward with this, please consider updating us on how everything goes (including cost). Like I said earlier, we rarely get follow ups on WoM and it will be a great benefit to the forum for others to reference.

Edited November 15, 2019 by Unlockable

[aaron2020 11,651]

Sorry about your situation.

 

A Writ of Mandamus is not do-it-yourself.  Filing a lawsuit against the US Government in federal court is not a do-it-yourself task.  You need to be able to cite specific laws, etc.  There is no practical way to sue the US Government in federal court without a competent lawyer.  

It seems like you have problems meeting the I-864 requirements.  The fact that your first JS was rejected and you were asked for a second JS is a  red flag.  

Additionally, you stated that they asked for a second JS in March 2019.  You said you lived with your wife until June 2019.  It seems there may be a domicile issue also.

Instead of trying to sue the US Government, you might want to get someone to review your case.  Seems like there are things that are being missed.

Edited November 15, 2019 by aaron2020

[EM_Vandaveer 2,408]

If you win your WoM case that only means that the Consulate is forced to make a decision on your case. Their decision may be denial.

[Mollie09 1,543]

1 hour ago, EM_Vandaveer said:

If you win your WoM case that only means that the Consulate is forced to make a decision on your case. Their decision may be denial.

If you force them to decide one way or another, their decision is likely to be a denial.

[abdo1 40]

4 hours ago, aaron2020 said:

Sorry about your situation.

 

A Writ of Mandamus is not do-it-yourself.  Filing a lawsuit against the US Government in federal court is not a do-it-yourself task.  You need to be able to cite specific laws, etc.  There is no practical way to sue the US Government in federal court without a competent lawyer.  

It seems like you have problems meeting the I-864 requirements.  The fact that your first JS was rejected and you were asked for a second JS is a  red flag.  

Additionally, you stated that they asked for a second JS in March 2019.  You said you lived with your wife until June 2019.  It seems there may be a domicile issue also.

Instead of trying to sue the US Government, you might want to get someone to review your case.  Seems like there are things that are being missed.

my first join sponsor makes 70000 a year he is LPR from arabic country, so consular officer in my second interview he said he does not find him sufficiant, so i sent him another join sponsor who is US citizen qualified it seemed they accepted him following our telephone conversation with consulate are ready to make decision, they called me on 16 october they said that the consular wanted to speak to my wife on the phone because he wants to make decision so i gave the lady my wife phone number in the US but he never called my wife been waiting for the call nothing yet i got the following messages below and tell me what do you think ?

 

first email 

 

Dear Sir,

Following to our telephone conversation. Your IR1 visa application is still pending consular officer review. We will contact you accordingly to finish processing your visa case.

Regards,

Immigration Visa Unit
US Consulate Casablanca, Morocco
GZ

 

 

second email

 

Dear Applicant,

Thanks for your email.
Please note that your case is still on review, we have received all your information and will let you know if we need anything else.

Regards,
Immigration Visa Unit
Casablanca, Morocco
MH

Edited November 15, 2019 by abdo1