Sad to see this issue is still ongoing so many years later. I have not forgotten about all of you.
Is the spreadsheet still around that shows everybody's dates, e.g., NVC received your case, interview date, DS-5535 / 221g date, and eventual approval date (if approved)?
I spent a substantial amount of time researching this issue in late 2022 and eventually came to the conclusion that the Department of State is violating the law for the following reasons:
Immediate relative visas should be adjudicated within 30 days, and are supposed to have a higher priority than non-immediate relative visas. But, many non-immediate relative visas are adjudicated more quickly than the immediate relative ones (e.g., diversity visa, SQ* for applicants currently in a country of safe harbor)
They have all the information they need to determine whether administrative processing should be performed when the interview is scheduled. As such, not beginning the process until the interview creates a predictable and avoidable delay, thereby preventing them from adjudicating the visa within the 30 days
I recently filled out a SF-95 form and sent it to the Department of State. They're currently "processing" it lol, but not after sending me a dehumanizing email. It probably won't go anywhere, but I have proof of and claimed the following damages (though I'm sure I won't get any sort of compensation):
Emotional pain and suffering
Financial loss (e.g., dual household, earning power differential, legal fees)
Loss of time (e.g., research, lawsuit preparation)
It would make me very happy if all the people who were wronged by the Department of State were to file this form. Happy to help folks if they're interested in filing it, but would need the spreadsheet to know how to reach out to to know if they're interested. I'm obviously not a lawyer, so can't provide legal advice.
