general question Writ of mandamus

[Rocio0010 5,579]

Hello everybody,

I am participating in a Reddit discussion, and people are suggesting OP to submit a WOM. OP has been waiting since August of last year. There is a poster that submitted a WOM after waiting for nine months and I am just here wondering if there is not a certain time frame that you need to wait to file one. Otherwise everybody would do it! I’d appreciate some clarification. Thanks! 
 

 

[SalishSea 17,828]

4 minutes ago, ra0010 said:

Hello everybody,

I am participating in a Reddit discussion, and people are suggesting OP to submit a WOM. OP has been waiting since August of last year. There is a poster that submitted a WOM after waiting for nine months and I am just here wondering if there is not a certain time frame that you need to wait to file one. Otherwise everybody would do it! I’d appreciate some clarification. Thanks! 
 

 

That is within a typical timeframe to wait.   The pandemic delays have emboldened people with $5k to spare to undertake WOM.   

[Rocio0010 5,579]

5 minutes ago, Jorgedig said:

That is within a typical timeframe to wait.   The pandemic delays have emboldened people with $5k to spare to undertake WOM.   

Thank you. Just to clarify, it’s not for me. I was one of the lucky ones that got approved in 6 months, interview waived and everything. But my understanding is that WOM can only be done after the interview. People are suggesting OP to file for one when they haven’t done biometrics yet. And I’m pretty sure that it will lead to a denial, because a WOM (again, my understanding) forces USCIS to make a decision with what they have. Therefore, if they don’t have biometrics, they’re going to get denied, right?

[SalishSea 17,828]

2 minutes ago, ra0010 said:

Thank you. Just to clarify, it’s not for me. I was one of the lucky ones that got approved in 6 months, interview waived and everything. But my understanding is that WOM can only be done after the interview. People are suggesting OP to file for one when they haven’t done biometrics yet. And I’m pretty sure that it will lead to a denial, because a WOM (again, my understanding) forces USCIS to make a decision with what they have. Therefore, if they don’t have biometrics, they’re going to get denied, right?

So this is not for a visa?

[Rocio0010 5,579]

3 minutes ago, Jorgedig said:

So this is not for a visa?

No. OP came here on a K1 and applied for AOS in August 2020. All they’ve received are NOAs. 

[SalishSea 17,828]

3 minutes ago, ra0010 said:

No. OP came here on a K1 and applied for AOS in August 2020. All they’ve received are NOAs. 

You left out that crucial bit of info……

 

Our pre-pandemic AOS interview wait time was 14 months, which was typical at that time.   Now it is up to 24 months- not just in Seattle, but in many parts of the country.

 

What is the processing timeframe for that person’s LFO?   I’m sure a lawyer would love to have the WOM fee money, but it will be a waste if within published processing times.

[Rocio0010 5,579]

6 minutes ago, Jorgedig said:

You left out that crucial bit of info

 My bad! 

 

7 minutes ago, Jorgedig said:

What is the processing timeframe for that person’s LFO?

Not stated in the post.

 

I’m just genuinely curious: doesn’t USCIS need at least biometrics to make a decision?

[SalishSea 17,828]

11 minutes ago, ra0010 said:

 My bad! 

 

Not stated in the post.

 

I’m just genuinely curious: doesn’t USCIS need at least biometrics to make a decision?

Maybe their location wasn’t stated in the post, but do you see why it’s important information?   They may be 9 months into a 24 month wait.

 

Some people, in the wake of the pandemic, have had an interview waived, and biometrics reused from their embassy visa interview.   I am not sure that is still happening.

 

WOM is not a way to bypass normal processing because someone is tired of waiting.   Sounds like they should have researched the K visa a little more thoroughly.   

Edited June 24, 2021 by Jorgedig

[Scandi 4,166]

I doubt there's a certain time frame for filing a WoM, but if you're within normal processing times and haven't had your interview yet then the outcome is likely going to be a big fat denial, and the person would have to apply for AOS all over again. 

[Boiler 45,488]

From what I can gather 9 months or so seems to be a standard sort of time most Lawyers talk about.

 

The WoM seems in most cases designed to get it out of the pile, most will then be approved.

 

A bit like those cases suing Consulates to adjudicate immigrant petitions at Consulates.

 

 

[HKS 169]

13 hours ago, ra0010 said:

Hello everybody,

I am participating in a Reddit discussion, and people are suggesting OP to submit a WOM. OP has been waiting since August of last year. There is a poster that submitted a WOM after waiting for nine months and I am just here wondering if there is not a certain time frame that you need to wait to file one. Otherwise everybody would do it! I’d appreciate some clarification. Thanks! 
 

 

9 months is way too soon for the situation. A year is iffy. Usu recommend if way out of normal times and there isnt a legit reason for the delay. I know of someone that filed wom and lost cause they didnt submit the RFE. We got approved after filing WOM 2.5 years after filing IR1. And already did interview and medical. We filed cause of DS-5535. 
Im just trying to explain that it can work if it is an excessive delay for no good reason. 

[Rocio0010 5,579]

Thank you everybody for the clarification. Hopefully I’ll ever have to do it. I was just curious.

[SalishSea 17,828]

6 hours ago, Boiler said:

From what I can gather 9 months or so seems to be a standard sort of time most Lawyers talk about.

 

The WoM seems in most cases designed to get it out of the pile, most will then be approved.

 

A bit like those cases suing Consulates to adjudicate immigrant petitions at Consulates.

 

 

I can't see that it would work to hasten the adjudication of an AOS application with a 13-24 month processing time, after only 9 months.  In that scenario, the application in question wouldn't even be ready for an outside processing time inquiry.

[Scandi 4,166]

1 hour ago, Jorgedig said:

I can't see that it would work to hasten the adjudication of an AOS application with a 13-24 month processing time, after only 9 months.  In that scenario, the application in question wouldn't even be ready for an outside processing time inquiry.

Right, and in many cases 9 months is not even enough to have received a biometrics appointment. What kind of decision would anyone expect in a case like that? 

[Rocio0010 5,579]

4 hours ago, Scandi said:

Right, and in many cases 9 months is not even enough to have received a biometrics appointment. What kind of decision would anyone expect in a case like that? 

That was what I told OP. They didn’t have an interview yet, and my understanding is that a WOM requires that USCIS has all the information at hand in order to make a decision. Otherwise it’d mean denial.