Motion to dismiss

[zahraa 21]

Hello,

First, I'm sorry if I'm posting in the wrong section.

It's IR1 visa category, husband’s case under administrative processing since 15 months. Filed writ of mandamus after 7 months of waiting and the embassy filed motion to dismiss.  The court received both parties responses on April but never ruled the case until now. Does that mean the case is denied or what has to be done?  Attorney says just keep waiting. Anyone has similar experience please share.

 

Thank you 

[powerpuff 6,680]

*** Thread moved To General Immigration discussion where mandamus cases are discussed ***
 

Maybe @saied can chime in if he can, I believe he also received a motion to dismiss.

[Ontarkie 14,216]

That has been the pattern as of the last year or so.  Your husbands case is not denied but the WOM is going to be tossed. Now your lawyer suggested to wait it out, some lawyers push to pay more money and fight more. I haven't seen the WOM do much in two years other than make lawyers richer.

[Boiler 45,445]

It very much depends on the individual situation.

 

I tend to view it as a way of getting them to do their job, get their attention.

 

Now if it is something they are dealing with and not sitting on the back burner somewhere then it is not going to work.

[OldUser 6,608]

1 hour ago, Ontarkie said:

That has been the pattern as of the last year or so.  Your husbands case is not denied but the WOM is going to be tossed. Now your lawyer suggested to wait it out, some lawyers push to pay more money and fight more. I haven't seen the WOM do much in two years other than make lawyers richer.

Seems like lawyers and DIYers abused WoM to the point it became way less effective compared to few years ago.

[TBoneTX 45,259]

33 minutes ago, OldUser said:

Seems like lawyers and DIYers abused WoM to the point it became way less effective compared to few years ago.

And the question is whether this was gratuitous or, rather, a last resort when all else failed amidst interminable and intolerable delays.

[SalishSea 17,801]

5 hours ago, OldUser said:

Seems like lawyers and DIYers abused WoM to the point it became way less effective compared to few years ago.

Not surprising.  I’ve seen people here on VJ wanting to file WOMs after 6 months of normal processing.   

[saied 17]

On 8/31/2024 at 1:02 AM, zahraa said:

Hello,

First, I'm sorry if I'm posting in the wrong section.

It's IR1 visa category, husband’s case under administrative processing since 15 months. Filed writ of mandamus after 7 months of waiting and the embassy filed motion to dismiss.  The court received both parties responses on April but never ruled the case until now. Does that mean the case is denied or what has to be done?  Attorney says just keep waiting. Anyone has similar experience please share.

 

Thank you 

 

Yes we also are IR1 and in AP for 15 months. Wife is from Iran and interviewed in Ankara.

I only have one advice. If you are in AP for this long and you are from the middle east, you case will not go anywhere in the next 4 years(at least). At this point, Trump will win and all middle eastern will be put on travel ban again. So it is better to think about alternative plans. Either move in with your spouse or think about moving to another country.

I hope I am wrong. Good luck