admininistrative Writ of Mandamus

[throwitaway 190]

4 minutes ago, Truekahn said:

Thank you for your comment, I will be talking to my family and my sister if she would like me to file Writ of Mandamus for her because I have exhausted all my options and I have sent thousand of emails and involved Senators but did not get any solution. Unfortunately, it has come to this and we have to choose this route now. 

Good choice. 

 

Mandamus can be controversial around here so take everything you see with a grain of salt. Personally, I know mandamus isn’t a cure-all, but it’s damn well effective for the vast majority of filers. 

[Truekahn 8]

Just now, African Zealot said:

Who advised such a strategy? 

No one, she declined it. 

[Truekahn 8]

Just now, throwitaway said:

Good choice. 

 

Mandamus can be controversial around here so take everything you see with a grain of salt. Personally, I know mandamus isn’t a cure-all, but it’s damn well effective for the vast majority of filers. 

Thank you for your input, I will be posting my updates once I am ready to file. Unfortunately no one wants to go this route but sometimes it has to be this way, I respect her choice of declining her visa with kids and will not ask why she cant come with kids and her husband can join in later on. She is a my family and I have to make sure that she gets the support she needed. 

[Crazy Cat 41,676]

7 minutes ago, throwitaway said:

Good choice. 

 

Mandamus can be controversial around here so take everything you see with a grain of salt. Personally, I know mandamus isn’t a cure-all, but it’s damn well effective for the vast majority of filers. 

I'd like to see evidence of this "damn well effective for the vast majority of filers".  It's risky is some cases, but I think this case warrants it.

Edited December 29, 2022 by Crazy Cat

[throwitaway 190]

Just now, Crazy Cat said:

I'd like to see evidence of this "damn well effective for the vast majority of filers".  

Sure.

 

Pacermonitor, every single mandamus court docket that ends with a voluntary dismissal from plaintiff. Thousands. 

[Crazy Cat 41,676]

Just now, throwitaway said:

Sure.

 

Pacermonitor, every single mandamus court docket that ends with a voluntary dismissal from plaintiff. Thousands. 

Thanks.  I'll take a look.  

[Siarg 72]

Literally the only time it doesn’t work is when they have a legal reason for denial. 
 

Even if you “lose” the lawsuit, they continue to process under AP. They legally cannot deny a visa just because they want to. There has to be a defined specific instance of ineligibility.

 

I really don’t know why this forum is so anti-litigation. Everyone here knows that there are issues with immigration, delays, convoluted rules and absurd administrative processing. 
 

Any time you have seen a denial on here there is a specific reason. 

[Truekahn 8]

5 minutes ago, Crazy Cat said:

I'd like to see evidence of this "damn well effective for the vast majority of filers".  It's risky is some cases, but I think this case warrants it.

Thank you for your response. 

[throwitaway 190]

10 minutes ago, Siarg said:

Literally the only time it doesn’t work is when they have a legal reason for denial. 
 

Even if you “lose” the lawsuit, they continue to process under AP. They legally cannot deny a visa just because they want to. There has to be a defined specific instance of ineligibility.

 

I really don’t know why this forum is so anti-litigation. Everyone here knows that there are issues with immigration, delays, convoluted rules and absurd administrative processing. 
 

Any time you have seen a denial on here there is a specific reason. 

I think some people find it unfair that those with the means can file a writ and “jump” the queue. Some have suffered a lot in their immigration journey, so they want others to suffer like they did. 

 

I think others are genuinely uninformed about immigration litigation. 
 

But seeing vets here who I have so much respect for say things like “it can force a no” is so disappointing. It’s just not true. Even the mention of consular non-reviewability, as if it’s relevant in this situation. You can’t challenge a decision that hasn’t been made. 

Edited December 29, 2022 by throwitaway

[Boiler 45,399]

I can think of circumstances where a WoM is not a good idea.

 

For example you filed Asylum years ago, you have a weak case, do you really want to push things along?

[Dashinka 24,437]

1 hour ago, Siarg said:

Literally the only time it doesn’t work is when they have a legal reason for denial. 
 

Even if you “lose” the lawsuit, they continue to process under AP. They legally cannot deny a visa just because they want to. There has to be a defined specific instance of ineligibility.

 

I really don’t know why this forum is so anti-litigation. Everyone here knows that there are issues with immigration, delays, convoluted rules and absurd administrative processing. 
 

Any time you have seen a denial on here there is a specific reason. 

They cannot deny a visa just because they want to?  How many B2 applications get rejected everyday for little or no reason?  As to a WoM, I am not sure anyone is advising the OP not to look at that route.  Of course not everyone can afford to take this route, but it seems the OP is strongly considering it.

 

My only issue with this thread and the suggestions is they are based on very little background data.  We have no idea why the BIL’s (I think this was the OP’s sister’s spouse) application is being held up in AP.  They OP has more information on that, and if they feel they have exhausted all other options and are fine with the legal fees, the WoM is a viable option.

[Siarg 72]

13 minutes ago, Dashinka said:

They cannot deny a visa just because they want to?  How many B2 applications get rejected everyday for little or no reason?  As to a WoM, I am not sure anyone is advising the OP not to look at that route.  Of course not everyone can afford to take this route, but it seems the OP is strongly considering it.

 

My only issue with this thread and the suggestions is they are based on very little background data.  We have no idea why the BIL’s (I think this was the OP’s sister’s spouse) application is being held up in AP.  They OP has more information on that, and if they feel they have exhausted all other options and are fine with the legal fees, the WoM is a viable option.

A visitor visa is very different from citizen sponsored immigration and you know that. 
 

It doesn’t need to be said that if there is fraud or hidden crimes, obviously a WoM will not magically work in your favour. None of this is legal advice and no one here is operating under that presumption. If a question is asked in an immigration forum, the presumption should be that they are legally eligible, not the opposite. 
 

Yes we see a lot of fraud and a lot of people trying to hide their crimes, they state it blatantly! This thread did not. 
 

Two strawman arguments in a row after piling on the OP as though it’s their fault for asking a question. 
 

The presumption of wrongdoing is completely ignoring the hundreds or thousands of cases on this website of visas that have been held for no reason at all. 
 

The department of state is perfectly capable of processing their background checks faster than 3 years and everyone here knows it. 
 

[powerpuff 6,624]

~~ Related Duplicative thread removed. Please post all updates to the original post so people can easily follow the history of the case and the outcome ~~
 

24 minutes ago, Truekahn said:

Hi,

 

I would like to update this forum on my WRIT of MANDAMUS that I filed for my sister, you probably seen my other thread where I discussed that Embassy put my sister case on refused for almost 4 years, we filed WRIT of MANDAMUS, it took a month for Embassy to issued visas to all family members without any further delays, Thank you. 

 

[Truekahn 8]

Just now, powerpuff said:

~~ Related Duplicative thread removed. Please post all updates to the original post so people can easily follow the history of the case and the outcome ~~
 

 

Thank you.

[Truekahn 8]

On 12/29/2022 at 2:03 PM, Siarg said:

A visitor visa is very different from citizen sponsored immigration and you know that. 
 

It doesn’t need to be said that if there is fraud or hidden crimes, obviously a WoM will not magically work in your favour. None of this is legal advice and no one here is operating under that presumption. If a question is asked in an immigration forum, the presumption should be that they are legally eligible, not the opposite. 
 

Yes we see a lot of fraud and a lot of people trying to hide their crimes, they state it blatantly! This thread did not. 
 

Two strawman arguments in a row after piling on the OP as though it’s their fault for asking a question. 
 

The presumption of wrongdoing is completely ignoring the hundreds or thousands of cases on this website of visas that have been held for no reason at all. 
 

The department of state is perfectly capable of processing their background checks faster than 3 years and everyone here knows it. 
 

Thank you for your help, my family finally got their visas thanks to WoM.