Another Denial

[OldUser 6,920]

19 minutes ago, igoyougoduke said:

sorry to hear that. this must be beyond frustrating. i can help you draft a mandamus for free if you choose to sue them in court .

Isn't mandamus to force a decision? @mindthegap doesn't seem to have an issue getting a decision. Can it help getting a favorable decision though? 

[igoyougoduke 1,662]

15 minutes ago, OldUser said:

Isn't mandamus to force a decision? @mindthegap doesn't seem to have an issue getting a decision. Can it help getting a favorable decision though? 

mandamus can be filed for wrongfull denial too. you can fight it in court if you believe that USCIS has not done its job correctly.  it works 

[OldUser 6,920]

Just now, igoyougoduke said:

mandamus can be filed for wrongfull denial too. you can fight it in court if you believe that USCIS has not done its job correctly.  it works 

Great to know what all WoM is capable of! Thank you

[igoyougoduke 1,662]

1 minute ago, OldUser said:

Great to know what all WoM is capable of! Thank you

Absolutely. as long as the law is on your side, you can fight to the last thing. USCIS is ridiculous some times. 

Edited January 7 by igoyougoduke

[African Zealot 1,455]

Don’t just give up. Step away from immigration issues for a couple weeks and decompress, after that and with a clear head reevaluate. Setup a framework to use in making the decision whether to continue or not.

 

Sometimes a fight to the bitter end is worth it. Other times although it sounds valorous, it’s not worth it. You alone can decide after looking at the facts and options. On the bright side your worst case scenario of back to the UK is better than most e.g. Somalia, Afghanistan etc. 

 

Best.

[Joyoussinger 1,425]

I'm so sorry this has happened. Whatever you decide to do, I wish you happiness. I would definitely contribute to a GoFundMe, if, as @Old_Glory suggested, you start one.

[Crazy Cat 41,982]

21 hours ago, mindthegap said:

Another denial.

I am certainly no expert, but I wonder if it's time to present your case before an IJ.  I have heard that there is a very high approval rate at that level.  

[JeanneAdil 6,570]

yeah,  i wrote my own appeal to Immigration court of appeals and won the appeal 

its worth it

 

i also fought 6  years and 2 denials and he finally got visa 

 

you are here 

don't let this system beat u

[milimelo 4,505]

Do not stop fighting - you will prevail in the end. 

[A110 96]

While the denial can indeed be very frustrating, there is no downside in keeping up the fight. 

[Crazy Cat 41,982]

36 minutes ago, A110 said:

While the denial can indeed be very frustrating, there is no downside in keeping up the fight. 

Refiling costs money, but I see benefits in fighting.

Edited January 7 by Crazy Cat

[A110 96]

5 minutes ago, Crazy Cat said:

Refiling costs money.

Correct, but I'm pretty sure OP can cough up the money for a refill. If not, I think many people (myself included) would be happy to help as his contributions to the community have helped so many people and he was always around to help. Given that OP can work and somewhat carry on with life until a hearing is made in front of a judge or an approval I don't think there is any downside to fighting. Sure, I may be speaking without any skin in his game but I don't think quitting would help him.

 

[Family 4,036]

Ah .. time for a cup of tea, a medicinal jug of gin and as another suggested , a two week postponing of immigration thoughts or life altering decisions.

 

I hope you look at the decade old fight w USCIS as a win for you …honestly you messed with them IN STYLE 😂. I still chuckle at the Thousands of Pages of motions and submissions you piled them with . 
 

I have heard you often enough , on this forum, advocating for the scared /distraught posters caught up in the I-751 w divorce hell :

It’s Not Over Til The Fat Lady Sings ( opera ref ) …or the IJ rules ..heck but even then there is BIA appeal of IJ decision AND even the PFR / Petition for Review.

 

Would you really tell a tired soul to just give up ?..I think not. ..especially since I Know YOU will WIN. 

This denial is a blessing in disguise ..as the fight became a personal crusade for you and bloody hell it did drain and tire you a bit..so DENIAL is a good thing and a positive GAME CHANGER! In your favor😂

 

W EOIR , the govt has the burden to prove fraud/misrep beyond a reasonable doubt ..so even if USCIS denial claimed sham/fraud …they won’t make their case. 
 

If denial is purely for failure to meet bonafides…you got that covered .

 

So . Cheer Up , refresh , regroup and do take some time to decide before you throw in the towel ! 
 

 

 

 

[Family 4,036]

3 hours ago, Crazy Cat said:

Refiling costs money, but I see benefits in fighting.

Just for clarity to thread . ..OP will not refile another I-751 w USCIS. He will be ref to immigration court and IJ will review .

As a theoretical , if IJ denies , then BIA appeal ..if BIA denies , then PFR petition for review in circuit court ( not immigration court).

[Rocio0010 5,579]

2 hours ago, Family said:

time for a cup of tea, a medicinal jug of gin and as another suggested , a two week postponing of immigration thoughts or life altering decisions

And proper English chocolate. I've come to learn, through one of his masterpieces, that OP doesn't like Hersheys (can you blame them?)