Catperson_rx

It is cruel, discriminatory, and an insult to human dignity. Sadly there is nothing we can do but to wait. It's completely out of our control. No news of my WoM. We are waiting on the judge to decide the case.

No updates. Just crossed the 10th month of AP. Nothing to do except to wait.

There are mandamus cases where the judges have found that delays of 3-5 years are reasonable. In my opinion, the goal of mandamus should not always be to win the order from the judge because your lawsuit can always be dismissed (unless you're waiting for years). Dismissal is the new norm. The goal should be to accelerate the visa adjudication. Theoretically, the lawsuit sheds light on your pending case and things start moving in the background. I say theoretically because no one knows for sure not even expert lawyers who we pay thousands of dollars to.

For anyone wondering, the government's attorney filed motion to dismiss our case. We are going to file our own opposition and then it will be up to the judge. The only issue is that the judge can take "several months or more" to decide the case (according to our lawyer). So we are back to square one and waiting with no end it sight.

No, nothing so far

My case was updated yesterday on CEAC without me making an inquiry. Maybe a positive sign of progress being made? Government attorney's response is due in 6 days.

Update on my mandamus lawsuit All parties were served on 11/13. Their answer is due on 1/12/24. This was my lawyers response when I forwarded the 221g email I got from the embassy: "It's not really a final decision since it's under 221(g). The case status now is "Additional security screening is being conducted". From the email you received, we understand they started working on the application again, but we need to wait and see what happens." I want to remain optimistic and I think good things will come out of this lawsuit! I will keep ya'll updated.

Hey guys, I just received this email from the Abu Dhabi Embassy! It's just saying that the visa has been denied under 221g. I already knew this since 6.5 months ago because they gave us the physical 221g refusal form at the embassy. Does anybody know why I got this email now? I am very confused. Could it be because of the mandamus lawsuit that I recently filed? My lawyer's office hasn't gotten the confirmation that summonses have been served to all parties yet. By the way, our case was also updated on the CEAC website.

I've seen three recent cases where Iranian AP cases were cleared within a month after the dismissal of their WOM. In one other case, they were cleared after challenging the motion to dismiss, even before the judge could decide. It's a crazy unpredictable process so don't lose hope. As for me, I have already signed a WOM contract with an attorney a few weeks ago and the lawsuit is currently in the process of being served. So it's too late for me to back out. I'm not going to let them dismiss my case without a fight and exhausting every legal option available.

16 months after filing the case or 16 months of AP? My fiance is only 6 months in AP but 27 months since we filed the 129F.

Hello, did the judge dismiss your case after the extension or did the defense attorney file for motion to dismiss? What was their rationale for the dismissal?

I was replying to a case that is in AP. USCIS does not handle administrative processing for visa applications. Administrative processing is managed by the Department of State.

It will be filed on Nov 1st. You'd think a war between Israel and the Palestinians wouldn't drag Iranian civilians into the mess. But these folks don't seem big on common sense, so they might just find a way to make it our problem. Now I'm second-guessing if I blew my money on this lawsuit. Who knows? I guess we'll find out in a few months.

In 2 weeks, it'll mark half a year since I started waiting in this AP limbo after sending in DS-5535. I'm not sure if waiting this long is considered "unreasonable delay". I lost all faith in US immigration process and I can't just keep waiting forever without any updates. My fiancé and I decided to initiate the process of filing for WOM. I signed a contract with Jim Hacking LLC and paid the attorney fees. I'll keep you all in the loop with updates here.

Hi, if you don't mind my asking, could you share why you've opted for a 9-month period to file for mandamus? Is there a specific requirement for this timeframe?

By filing a Writ of Mandamus (WOM) you are asking a federal judge to make the state department decide your case. This is when you believe there has been an "unreasonable delay" in processing your case. What is considered unreasonable delay? There is no definition! This quote is from a mandamus case: "There is no congressionally imposed timeline for processing fiance visa applications. Absent of a congressionally supplied yardstick, courts typically turn to case law as a guide. The case law typically considers the two-year mark to be the lowest threshold for a finding of unreasonable delay in visa processing cases". So, before filing mandamus, it should be 24 full months since the day of filing 129F. Hacking Immigration believes it should be 1 year after USCIS approves your case. Generally the longer the wait, the greater the chances of success. The worst thing that can happen is the judge dismisses your case and you go back to waiting. If you have $4K - $5K so spare you can give it a shot in a few months by hiring a lawyer.

I'm not entirely sure, but the problem seems to be that there aren't clear rules about what counts as an "unreasonable delay." Because of this, convincing the judge to push DOS to make a decision is a bit tricky.

Our case has been in AP for 4 and half months now. I was planning on filing WOM after 6 months but now I’m not too sure if it will help. Most people on the Telegram group I’m following who filed mandamus are getting dismissed. I really don’t know what to do or what to expect and it is torture.

Hello, I am not familiar with the Telegram group you are referring. Are those Iranians who are stuck in AP for years waiting on fiancé/spouse visa?

They told me to wait a year after USCIS approval (NOA2).

Hello, my fiancé had her interview last month. She’s in AP. It’s been 22 months since the filing of I129F.

I recently reached out to Jim Hacking via email, asking for consultation. Moments ago, I received a phone call from Hacking Law LLC, where one of their staff members asked me a few questions about my case. I was informed that it is necessary to wait at least 1 year after the USCIS approval date before filing WOM, which in my case falls on 10/21/2023. He advised to contact them if my case isn't resolved by that date.

Hey guys do you think it is reasonable to file WOM 90 days after the submission of DS 5535 or is it too early? That would be day #728 since the start of the application.

US has an interest section in the embassy of Switzerland in Tehran. Maybe they get involved.

Proper vetting only applies to Iranians and other Muslim countries? If it's not profiling then applicants from all nationalities must have gone through indefinite AP after the interview but this is not the case. There are not any red flags in our case. My fiance and her family never held any government jobs or served in the military. The only red flag is her being Iranian national. This is the very definition of profiling.