Mandamus Lawsuit Against NVC, Lawyer Wants to Withdraw

[dangime 12]

7 minutes ago, Deagle said:

Maybe what your lawyer is saying is the other source.

It confirms the part about potentially losing K1 mandamus cases, but not the lack of renewals in general part. I'll email the embassy and see if they say anything. 

Edited July 31, 2021 by dangime

[Deagle 508]

18 minutes ago, dangime said:

It confirms the part about potentially losing K1 mandamus cases, but not the lack of renewals in general part. I'll email the embassy and see if they say anything. 

Let us know if you know something new. Good luck. 

[Loren Y 2,755]

Does the voluntary withdrawal come with a refund?

[dangime 12]

Just now, Loren Y said:

Does the voluntary withdrawal come with a refund?

I made him that offer. 

[Deagle 508]

34 minutes ago, Loren Y said:

Does the voluntary withdrawal come with a refund?

 

34 minutes ago, dangime said:

I made him that offer. 

Usually what happens in this case is:

 

If the client had paid in full, the lawyer will charge them only what he worked so far based on hourly wage + filing/court/postal fees and refund the balance.

 

If the client is on payment plan, they will only pay what the lawyer worked so far and the contract gets terminated with no further financial responsibility.

 

In this case, the lawyer might agree to refund you in full minus the court/filing fees. 

 

[Boiler 45,525]

As far as I know they are not extending K1 WoM, otherwise things seem to be OK.

[Coco8 1,042]

Does anyone know if there are online statistics on the cases submitted? 

[dangime 12]

3 minutes ago, Coco8 said:

Does anyone know if there are online statistics on the cases submitted? 

You can look up a few things on pacer, but it's just individual cases.

[Coco8 1,042]

2 minutes ago, dangime said:

You can look up a few things on pacer, but it's just individual cases.

Thank you! 

 

I just listen to the video. Since the Department of State made the decision, people could technically write to members of congress, those in the Foreign Affairs committee. If they get someone who listens, they are supposed to oversee the bureaucracy and can formally ask them for an answer on the matter.

Edited July 31, 2021 by Coco8

[retheem 566]

6 hours ago, Lucky Cat said:

After watching, it Seems that the attorney is, indeed, concerned with the expiration of K-1 cases.......they send them back and they die.  That has always been a disadvantage of a K-1.  He makes a great case for spousal visas.

Wow!!!  He recommended that all his clients withdraw the K-1 and get married....at this stage....wow!!

Lol but we always say here that people should really consider going the CR1 route but nobody ever listens...aaaaya

[nykolos 711]

6 hours ago, Deagle said:

If the client had paid in full, the lawyer will charge them only what he worked so far based on hourly wage + filing/court/postal fees and refund the balance.

Lawyers,  or rather the paralegals who do most of the footwork, can pad the invoice as much as they want and it's almost impossible for client to disprove the # of hours.. I would never pay an attorney in full, because once you do, you lose ALL your negotiating power once payment has cleared.

 

As for these Mandamus lawsuits, theirs meritless IMO due to the pandemic, take the pandemic out of the equation and you'd have a case.

 

 

[jan22 3,056]

I find the concept that NVC is suddenly returning all K-1 expired petitions to USCIS to be questionable -- at least this is what he seems to be saying they are doing.   I could not find an announcement of that anywhere -- if there has been one, I would appreciate seeing it. 

 

I believe he is only talking about K-1 cases still at NVC where the petition has expired and a WOM has been filed.  If so, this could likely be an example of a WOM forcing a decision/action in a case where the only possible action is a negative one.  NVC cannot and never has been able to actually extend the petition -- only a consular officer has that authority.  So, the extension can only be granted once the case is sent to the embassy/consulate.  In a round-about sort of logic,  if the embassy has not requested enough K-1 cases to include the one on which a WOM has been filed, the only available action NVC has is to treat it as an expired petition and return it to USCIS.

 

This is, of course, speculation on my part...and coming in on the middle of a video (and this discussion), I may have missed cIarifying statements on what cases he was actually discussing.

Edited August 1, 2021 by jan22

[jd_malachi 59]

Curious why you decided to take legal action against the NVC rather than the Manilla Embassy?  That is where your hold up is, Manilla is using any and all excuses they can find to not process visas, and until that changes no one will have their packet forwarded from the NVC. I know of at least 1 suit with over 100 plaintiffs targeting Manilla for this exact reason.

[Deagle 508]

11 hours ago, nykolos said:

Lawyers,  or rather the paralegals who do most of the footwork, can pad the invoice as much as they want and it's almost impossible for client to disprove the # of hours.. I would never pay an attorney in full, because once you do, you lose ALL your negotiating power once payment has cleared.

 

As for these Mandamus lawsuits, theirs meritless IMO due to the pandemic, take the pandemic out of the equation and you'd have a case.

 

 

I hired a lawyer few months ago. I paid in full but the lawyer did not do what he said he will (timeframe wise). I asked for a refund and that I did my part of the contract by paying what he asked for, but he didn't fulfill his part by filing on time. He said he was understaffed and apologized, gave me a full refund and few weeks after I got an email from their quality team apologizing again and offered 20% discount for any future business. 

 

Yes, COVID delayed a lot.

[navypilot29 16]

This seems so dishonest.   The US government treating its citizens like #######!   My wife and I debated on doing the K-1 or the CR-1 and decided on the Marriage visa because it seemed easier long term.  I would be devastated if my government did this to me!   Two presidents in a row screwing us over in different ways.