Jump to content

62 posts in this topic

Recommended Posts

  • 2 months later...
Posted
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

Filed: EB-2 Visa Country: Netherlands
Timeline
Posted
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). 

Posted
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

Filed: EB-2 Visa Country: Netherlands
Timeline
Posted
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

Filed: EB-2 Visa Country: Netherlands
Timeline
Posted
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.

Posted
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

Filed: EB-2 Visa Country: Netherlands
Timeline
Posted
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.

Posted
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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...