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Wyboxcx

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Everything posted by Wyboxcx

  1. Wyboxcx
    Please keep us updated about the mandamus Yes I think this qualifies as hardship. But you should definitely speak with an attorney
  2. Wyboxcx
    How long have you been waiting for a decision in total? Between USCIS and DOS?
  3. Wyboxcx
    You cannot sue them when they tell you clearly that their processing time is 12 months. That’s ridiculous. You can only sue them once they exceed their own posted timeframe. I know that this is not what you would like to hear and that unfortunately the DOS can keep changing the processing time like a moving target, however, you are not entitled to a decision before the official posted processing time is elapsed. The DOS will most likely request the judge to dismiss your mandamus. curious though, who advised you to file this mandamus lawsuit so early?!
  4. Wyboxcx
    Wait do you mean DOS received your case in Feb 2022 or Feb 2023? Because how can you file a mandamus for a case that is still within normal processing time? If DOS received your case in Feb 2023 the earliest you can argue they are late with processing is February 2024. Their own posted timeline is 12 months.
  5. Wyboxcx
    Unfortunately what you believe may not necessarily be true. It’s not pessimistic, it’s realistic. DOS operates on its own schedule and I would not be surprised to hear that there are some cases still pending from 2022.
  6. Wyboxcx
    This person must have had their expedite request approved because I don’t think this happens on its own!
  7. Wyboxcx
    I think the main issue is not whether someone ended up overstaying or not, it is the absurd amount of time hardship waiver cases are taking to be processed. Most of the time the lengthy delays cause people to lose status as visas expire and they’re still waiting for a decision for years now.
  8. Wyboxcx
    Congrats! it should not take too long from this point on, maybe a week or two. Did you receive US gov funding? were sponsor views requested?
  9. Wyboxcx
    And with sponsor views too! Very interesting. I wonder if this person somehow managed to expedite That is way too much. Highway robbery if you ask me. I would file myself, it’s not too difficult
  10. Wyboxcx
    Awesome! is this yours?
  11. Wyboxcx
    It seems that they basically didn't do anything all year and decided to quickly decided a bunch of cases before the year ends
  12. Wyboxcx
    So the actual processing time is 20 months. At least we have one certainty in the midst of all the uncertainty.
  13. Wyboxcx
    How can you file for I-485 when without either meeting the requirement or getting a waiver you are ineligible to adjust status?? It’s too risky to do now because AOS is happening fast and hardship waiver is taking forever and then some. What will you do even if somehow the officer adjudicating your case ignores the fact that you don’t have the waiver yet and then you are scheduled for an interview and you still don’t have the waiver? That is an automatic denial.
  14. Wyboxcx
    DOS is determined to make hardship applicants wait 2 years either way: At home or waiting in anguish for a decision. In both cases, there is no escape from at least a 2- year wait.
  15. Wyboxcx
    Oh I’m aware. Not expecting to hear back before 20 months least.
  16. Wyboxcx
    No approval for me so far. 7 months since form I-612 reached DOS.
  17. Wyboxcx
    Not at all. Writ of Mandamus is a legal tool to compel a government agency to render a decision when a case has been pending beyond normal processing time. It cannot force the DoS to render a favorable recommendation but they will be required to decide within a specific timeframe . I don’t think they are offended when it’s filed against them. In fact I have seen cases get approved this year after filing the mandamus . The person had been waiting since 2021
  18. Wyboxcx
    Yes, it can be either US government funding or a foreign government funding. There are also some Facebook groups where people shared specifically about their approved Fulbright cases
  19. Wyboxcx
    They have been cases approved with Fulbright. Just check older posts on this forum and pay attention to cases that have”request for sponsor views”
  20. Wyboxcx
    I personally am following the advice of the attorneys and not filing for the Green card until I have the waiver in hand. So I agree with you, it’s a major risk. I just was curious about the reasoning for a misrepresentation finding.
  21. Wyboxcx
    I am curious though if this has actually happened? when filing for a Green card the form asks if you are subject to the 2-year rule and whether you complied or have been granted a waiver and you must answer honestly. So if you answered No how can they say you misrepresented? I mean yeah if you say no you are not eligible for the GG at the time but it's hard to argue you did it to get the EAD.
  22. Wyboxcx
    Oh I agree with you. If only the State Department would agree with hardship applicants and decide these cases faster. These ridiculously long waits for an application that doesn't in and of itself grant an immigration status is absurd. Unfortunately they don't seem to care much about the additional hardship this situation results in. You should do what you believe is best for your situation, all options are difficult.
  23. Wyboxcx
    Also, it worth mentioning: the reason why the attorneys I consulted with all advised me against filing for adjustment without having the waiver first is according to them Adjustment applications are being decided much faster these days so it’s unlikely to get the waiver before the interview.
  24. Wyboxcx
    You can apply again but you will lose your money ($1400) and if you are working on the EAD based on adjustment you will also lose that EAD.
  25. Wyboxcx
    I was also strongly advised against filing for the green card without the waiver in hand by 3 different lawyers I consulted. The issue is that the USCIS manual requires the adjudicating officer to deny your case based on your 2 year rule ineligibility and not wait till you get the waiver. I even saw a case of someone who got their green card denied even though she got the waiver by the time she reached her interview stage and USCIS reasoning behind this denial is the fact that she was ineligible to apply for adjustment when she filed for adjustment. It is crazy but unfortunately that is how it is. It is a big risk . I just wish this whole nightmare process would end faster. It’s hardship on top of hardship.
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