Will Filing Writ Of Mandamus Move Case From NVC To Embassy? (merged)

[American Autumn 5]

Hello Everyone, 

 

Has Anyone Hired An Immigration Lawyer To Use Mandamus Lawsuit To Speed Up Your Spouses Case To Be Sent To The Embassy and If So How Long Did It Take Until You Heard Something Back From Your Lawyer or The NVC or Embassy? 
 

Thank You! 

[milimelo 4,572]

You can see reports of others who did writ of mandamus and ended up with a result they didn’t want - refused. Now they have to start all over again. Think twice before starting a mandamus. 

[American Autumn 5]

My Spouse Has An IR1 Case That Has Been Documentairly Qualified Since Last Year September 24th, 2020 and Still Hasn’t Been Scheduled An Interview Nor Has It Been Sent To The U.S. Embassy In Amman, Jordan. Will Filing a Writ of Mandamus Lawsuit Move The Case To The Embassy? Please Anyone Give Me Good Advice or Real Life Experiences. Thank You! 

[aaron2020 11,651]

Once you get DQ, you are put in the line for the next available interview slot.  The reason that your interview has not been scheduled is that there are lots of other CR-1/IR-1 cases that were DQ before yours.  COVID has really limited the numbers of available interviews because of social distancing and lockdowns.  

The NVC assigns the interview appointment.  So, they can't send your case to the embassy until there is an interview slot.  

Filing a Writ of Mandamus would be a waste of time and money.  It's not going to put your case ahead of others,  Sorry.  You have to be patient.  

[Troy B 224]

And to add to aaron2020's response.  If the writ is successful there are only 2 options for the NVC:

NVC ask the Embassy to take your case,

or NVC has to reject it.  I.e., there is no more waiting.

[American Autumn 5]

Thank you for your optimistic response! Yes, I agree no more waiting. I’ve waited for three and a half years. And I’ve been Documentairly Qualified for a year and a half now 

[Boiler 46,277]

I would imagine after 3 1/2 years most Lawyers who do WoM would tell you to sue.

[Troy B 224]

Also to note the NVC will ask the judge for more time.  Probably 2-3 times.   And there is guarantee that after you get done with your interview, that you don't get put in a long AP.

[American Autumn 5]

Boiler, wouldn’t you sue as well? Have you ever done it before or have you ever heard of anyone winning it 

[American Autumn 5]

Yes Troy, I agree my friend! Have you filed

a lawsuit before do you think it’s the right thing to file a lawsuit 

[Boiler 46,277]

I do not know all the details of your case, so on the admittedly very limited information I have,, sitting for 3 1/2 years yes I would sue.

[American Autumn 5]

Yes Boiler, I got married 2018. Priority date is November 2019. Documentairly Qualified Date September 2020. And I’ve been waiting ever since they haven’t even changed my category from CR1 to IR1 on my ceac visa status. 

[Letspaintcookies 2,310]

1 hour ago, American Autumn said:

Yes Boiler, I got married 2018. Priority date is November 2019. Documentairly Qualified Date September 2020. And I’ve been waiting ever since they haven’t even changed my category from CR1 to IR1 on my ceac visa status. 

That will only happen at CPB when your wife enters the US. No need to be upset at this point about the visa category 😉

 

And I don't know if you completely understood what can happen if you win the writ. It could be good and your case moves forward but it can also be bad and your case gets rejected. So winning the writ is only half of the battle and you could loose even if you win.

[American Autumn 5]

Hey, thanks for feedback! My two cousins filled the WoM and they both got there interview Letters 9 days later. Why you think it won’t move from the NVC to the embassy ?

[Letspaintcookies 2,310]

15 minutes ago, American Autumn said:

Hey, thanks for feedback! My two cousins filled the WoM and they both got there interview Letters 9 days later. Why you think it won’t move from the NVC to the embassy ?

Because the embassy makes the call on when they take new cases. NVC can't tell them to take your case. So if NVC is forced to do something but the embassy has no open slots all they can do is to reject your case depending on how the writ was filed.