admininistrative Writ of Mandamus

[Truekahn 8]

4 minutes ago, Siarg said:

Would recommend PIC Law, and filing the WoM.  The person that said it would force a “no” is incorrect. The only reason there would be at forced no is if there is a lawful ground to deny the visa such as your husband having a criminal background, etc. 

They can’t deny a visa because they didn’t complete a background check in 3 years, there has to be a lawful reason that is disclosed to deny a visa which is written out clearly in 9FAM. 
 

It also would have been a better situation if you had accepted the visas, immigrated and then filed WoM. As also mentioned above because you have citizen relatives that is helpful. 
 

I went with PIC law to file my WoM for Diversity Visa and also did a Temporary Restraining Order (TRO) because we needed an answer ASAP towards the end of the deadline for our visa. This forced our visas to be approved and mailed in a week. 
 

Speak to Chris or Alex at PIC and they will be able to tell you your options. 
 

I had started a lawsuit with another firm that churns out WoM and after months with nothing happening and a court transfer, I fired them and went with Chris. 

 

Thank you for your response,I greatly appreciated it. I will certainly look into this and will post it here once I get any new updates, again, thank you so much. 

[Mike E 11,739]

I doubt you can compare DV case which has a short timer with an F4 case where the decision to age out a 14 year old or not in four years is entirely in the control of the primary beneficiary. The court case I linked makes a clear declaration of the principle of 

 

“doctrine of consular nonreviewability”

 

People often latch onto WoM as a magic cure all. Sometimes it is the cure. Sometimes there are better cures.  My advice stands. I hope I am wrong.  I am out.  

Edited December 29, 2022 by Mike E

[Truekahn 8]

29 minutes ago, Mike E said:

I doubt you can compare DV case which has a short timer with an F4 case where the decision to age out a 14 year old or not in four years is entirely in the control of the primary beneficiary. The court case I linked makes a clear declaration of the principle of 

 

“doctrine of consular nonreviewability”

 

People often latch onto WoM as a magic cure all. Sometimes it is the cure. Sometimes there are better cures.  My advice stands. I hope I am wrong.  I am out.  

Thank you for your input. Greatly appreciated it. 

[Siarg 72]

The doctrine of consular nonreviewability applies to decisions such as denials and complete refusals. 
 

it has been agreed time and time again by federal courts that Administrative Processing is not a final decision or final refusal, though they continue to claim it is.  
 

The established immigration case law and judges decisions have proven year after year that AP is not a final decision, and is not protected by the clause. 

[Timona 4,207]

Why is this the embassy fault? Your own sister declined to pick ¾ visas. Sometimes it's better to take half a loaf than no bread. 

[Truekahn 8]

Just now, Timona said:

Why is this the embassy fault? Your own sister declined to pick ¾ visas. Sometimes it's better to take half a loaf than no bread. 

When did I say its Embassy fault? I am just simply asking questions and trying to figure out the solution.

[Timona 4,207]

3 hours ago, Truekahn said:

Thank you for the message, Yes Its been a long time since she had her interview and when she had another baby they went for another interview and Embassy told them to redo another medical for the whole family and then again refused the visa, if you are not going to issue visa why would you tell them to redo medical as it cost money and time, you could have just told them to do medical for baby only. 

 

16 minutes ago, Truekahn said:

When did I say its Embassy fault? I am just simply asking questions and trying to figure out the solution.

 

[Truekahn 8]

Just now, Timona said:

She was told by Embassy that they can issue visas when the baby was not born and when we have added a new baby and they told us to redo medical for whole family, they could have just asked for a medical for new born not whole family.  I did not say that Embassy is at fault for not issuing a visa to the husband, I am talking about the new medical for whole family. 

[Timona 4,207]

Medicals expire after a certain time. I believe 2 years from day it was signed by doctor. 

[Truekahn 8]

Just now, Timona said:

Medicals expire after a certain time. I believe 2 years from day it was signed by doctor. 

I believe its 6 months and baby was born right after 6 months, usually they dont ask for new medical unless they are about to issue you a visa. 

[Siarg 72]

Correct, historically requesting a medical means they are ready to process the visa, otherwise it literally is a waste of time and money, creates more paperwork for them to process and if they are not ready to issue the visa, that is caused by the consulate. 
 

It is possible to be in AP without an active medical, and regularly people have an expired medical after 1-2 years and when they are advised to get a new medical it indicates they are ready for processing. 
 

Of course they are not obligated to issue a visa after that, but it is entirely unnecessary to have an active medical for them to do the checks. 
 

There was an active medical for 6 months, so they cannot claim they expect medical to be grounds for inadmissibility. 

[Truekahn 8]

1 minute ago, Siarg said:

Correct, historically requesting a medical means they are ready to process the visa, otherwise it literally is a waste of time and money, creates more paperwork for them to process and if they are not ready to issue the visa, that is caused by the consulate. 
 

It is possible to be in AP without an active medical, and regularly people have an expired medical after 1-2 years and when they are advised to get a new medical it indicates they are ready for processing. 
 

Of course they are not obligated to issue a visa after that, but it is entirely unnecessary to have an active medical for them to do the checks. 
 

There was an active medical for 6 months, so they cannot claim they expect medical to be grounds for inadmissibility. 

You are absolutely right and yes, it does not make any sense. 

[throwitaway 190]

Anyone refused at the end of mandamus was going to get refused anyway. It’s been three years, mandamus should have been filed a long time ago.

[Truekahn 8]

2 minutes ago, throwitaway said:

Anyone refused at the end of mandamus was going to get refused anyway. It’s been three years, mandamus should have been filed a long time ago.

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. 

[African Zealot 1,455]

4 hours ago, Truekahn said:

Hi,

 

My sister had her interview with her family in Oct 2019 and right after the interview they called my sister and told her that Embassy is ready to issue visas to my sister and kids but not her husband as it requires more time but sister declined and wanted her husband to be included in their visas 

Who advised such a strategy?