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DS-5535 Amsterdam [merged threads]

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1 hour ago, IAG said:

Visa issued on May 15 2023.

Congratulation of the mandamus and the win.. Yet another case proving the WOM gives you a decision instead of people waiting years and years to get a decision. 

duh

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On 4/4/2023 at 10:37 AM, IAG said:

Here is the conclusion of my story. -[My immigrant interview was on Nov 29 2022, and the visa was approved on the spot. However, I later received the DS-5535 form, and since Dec 1 2022 the case was stuck in administrative processing. Having waited for two months, I filed the lawsuit on Feb 1 2023 to compel the State Department to issue my visa.

 

The lawsuit deadline is April 24 2023. Magically, on April 4 2023 the US consulate in Amsterdam told me to repeat my medical exam and return my passport for visa issuance.

 

So, if you get the DS-5535, file the mandamus lawsuit on the NEXT day. Don't wait for 2 months, like I did. According to one experienced litigator, the Biden administration (luckily) does not fight these lawsuits at all, and they just print the visa, because it is more work for them to backfire at you. 

 

Otherwise, it takes anywhere from 4 to 11 months for the DS-5535 to get cleared. This has horrible consequences for employment-based immigrants, because the priority date started to retrogress this year.

 

I hope this information would help others to get unstuck

 

Isn't the medical exam valid for 6 months? How many months before the interview did you do your medical exam? I have been waiting 80 days since AP, and I am considering filing WOM. 

EB-2 NIW in AP since May 2023

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Filed: EB-2 Visa Country: Netherlands
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15 hours ago, SGtoMurica said:

 

Isn't the medical exam valid for 6 months? How many months before the interview did you do your medical exam? I have been waiting 80 days since AP, and I am considering filing WOM. 

Yes, 6 months. I did mine 3 months before interview. They will not let you repeat your medical until your AP is complete. 80 days is too long, you should sue them now. DS-5535 takes more than 1 year to complete, and unless you don't mind waiting, lawsuit will get you your visa in 4 months (if you start now). 

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4 hours ago, IAG said:

Yes, 6 months. I did mine 3 months before interview. They will not let you repeat your medical until your AP is complete. 80 days is too long, you should sue them now. DS-5535 takes more than 1 year to complete, and unless you don't mind waiting, lawsuit will get you your visa in 4 months (if you start now). 

Thanks. I will be consulting with Goldstein and Hacking Law on Monday. Any other ones you suggest? 

EB-2 NIW in AP since May 2023

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Just now, SGtoMurica said:

Thanks. I will be consulting with Goldstein and Hacking Law on Monday. Any other ones you suggest? 

Don't go with them, they have bad customer service. Go with Curtis Lee Morrison, he charges less ($4000) than Goldstein

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Filed: EB-2 Visa Country: Netherlands
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1 minute ago, SGtoMurica said:

Thanks. I will be consulting with Goldstein and Hacking Law on Monday. Any other ones you suggest? 

Hacking is fine too (a bit more expensive). Since AP cases are very easy, they are just using their common lawsuit template putting your name, so it doesn't make sense to pay so much. I would go with Curtis Morrison, because he is doing more difficult litigation than Goldstein or Hacking, and in my experience, more approachable.

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5 minutes ago, IAG said:

Hacking is fine too (a bit more expensive). Since AP cases are very easy, they are just using their common lawsuit template putting your name, so it doesn't make sense to pay so much. I would go with Curtis Morrison, because he is doing more difficult litigation than Goldstein or Hacking, and in my experience, more approachable.

 

Hmm if they are doing that, wouldn't it make sense for me to just purchase a mandamus off another VJ member?

EB-2 NIW in AP since May 2023

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43 minutes ago, SGtoMurica said:

 

Hmm if they are doing that, wouldn't it make sense for me to just purchase a mandamus off another VJ member?

Someone posted a few months ago an easy guide to file a WoM.

 

Try using the forum's searching tool. I'll do that myself and if I find it, I'll share the link. 

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2 hours ago, SGtoMurica said:

 

Hmm if they are doing that, wouldn't it make sense for me to just purchase a mandamus off another VJ member?

Case filing and issuance of summonses can be challenging if you are outside of the US. Filing on your own will require very careful consideration.

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Just now, IAG said:

Case filing and issuance of summonses can be challenging if you are outside of the US. Filing on your own will require very careful consideration.

 

I'm physically in the USA right now on a work visa, which is ironic for purposes of Administrative Processing for Security Advisory Opinion. 

 

I agree and will be filing with an attorney. Will reach out to Curtis as you have recommended.

EB-2 NIW in AP since May 2023

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