Faraz Hanif

Sarraf Gentile LLP. Thank you!

On 4/8/2024 at 4:11 PM, Ontarkie said:

I'm so happy to hear things are moving again. Congratulations. 

 

If she doesn't need to the passport for the medical you can go ahead and send it in. 

Hi! So they asked for my Wifes passport, we mailed it to the embassy 2 weeks ago. Today the case updated from Refused to Administrative Processing. How long will i take for them to mail her passport back with the visa printed on? Thank you!

On 2/28/2024 at 1:47 PM, Ontarkie said:

Nothing is 100%, sadly like I said earlier expedites don't apply to AP/ds-5535 it just gets you to the interview faster. I hope and pray that you do get somewhere with your lawsuit, but from what we are seeing here I wouldn't hold my breath. 

My Wife finally got an email for passport submission and re-medical after being stuck in AP for over 8 months.

Her re-medical is on the 26th of April but, can we submit and mail her passport to the embassy before then?

Please let me know thanks.

My Wife finally got an email for passport submission and re-medical after being stuck in AP for over 8 months.

Her re-medical is on the 26th of April but, can we submit and mail her passport to the embassy before then?

Please let me know thanks.

And yes we hired a mandamus lawsuit lawyer, and it worked.

17 minutes ago, SansTortoise said:

The embassy doesn’t get a say. It’s decided by the Assistant U.S. Attorney your case lands with.

Thank you

1 hour ago, Boiler said:

AP is not handled by the Consulate.

 

I agree with your lawyer

Meaning AP is handling by department of state in DC? Yes I know. 
 

Do you think the embassy will Adjudicate the case or file a motion to dismiss by seeing other cases?

5 minutes ago, Boiler said:

It would not surprise me if they waited until the last moment

 

Obviously this is a tricky Consulate

 

Which Court did you Lawyer file in?

 

And what do they say?

California central court. 
 

The Lawyer just said to wait and see what happens. They could file a motion to dismiss or they could just adjudicate the case. 
 

Yes this Embassy is……. unbelievable, to put it kindly. But they expedited our case, they know our situation, yet they still haven’t given my Wife her visa and this delay just made our situation so much worse. 

Hello everyone. Is there any positive results from Mandamus Lawsuits that you may know?  

My Wife had her interview June 2023 at the US Embassy in Islamabad. Our case was expedited because my of my Medical problems, I had two surgeries since 2022, and dealing with a lot. Our case was put into AP for no reason at all. My Wife was told to complete form DS5535. It only asked for her travel/employment history (SHE HAS NONE!) and her brothers and I’s names and DOB. Thats it! 

We hired a mandamus lawsuit lawyer in February. And its been 46 days and nothing. Im fearing they might request a motion to dismiss… 

Its unfair, this delay has made our lives so much harder. 😣😣😣😣😣

11 hours ago, Ontarkie said:

~~Moved to the Regional forum, from IR1/CR1 Progress Reports-As the OP will need country specific feedback.~~

Update. So today after 40 days, our case updated on CEAC but, its still refused. 
 

Is this a good sign, maybe they have received the lawsuit and are now processing and checking our case? 

33 minutes ago, Ontarkie said:

I judge rule that 15 months from interview was not long at all. 8 months would forsure result in a dismissal. When they first started with the WOM they worked great, but that ship has sailed.

Sadly AP/DS-5535 cannot be expedited, it is also out of the Embassy/consulate hands the DS-5535 is being sent for Processing Stateside. 

So your saying this lawsuit i filed wont work 100%. Our case was expedited, we are going through a lot. This isn’t fair.

Hello, I hope you are all doing well. I wanted to make a discussion for mandamus lawsuit for anyone who has field it or plans to. We all need positivity during this tough time, and we could all help each other. 
 

We filed the lawsuit 2 weeks ago. 

Our case was expedited because of my medical problems. I had two surgeries in 2 years, and i am dealing with a lot of medical problems. My Wifes interview went well but for no reason they told her to fill out form ds5535. On the form it only asked for her brothers and I’s names and date of births and her travel and employment history (she has none!!!!!) it should not be taking this long. 

And the fact that they know what we are going through as they expedited our case and its been 8 months…. This delay has been making our lives so much harder then it already is.

Do you guys think my lawsuit would be successful? Its just so hard, I need some optimism and positivity. 

On 4/30/2023 at 6:06 PM, igoyougoduke said:

What is a Mandamus ?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) 

 

 

Here is the basic essence of wom process :

 

Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.

 

The complaint will need the following information

1) Nature of the Complaint:

 

You can write the complaint in simple English using the above template document and asking for something like below :

 

Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751)  with  receipt number  WAC21900XXXX  and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate  hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.

 

2) Second part is jurisdiction in the compliant .

 

You can says that the court has jurisdiction cause you live there as per  8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district  you reside if the defendant is a United States officer

 

3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)

 

So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision  on your case in. 90/120/150 days “

 

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below 

 

You talk about the i-131/i-485/i-751 Petition you filed .  You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1)  you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . 

 

Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress  has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition 

 

To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12)  and failed to adjudicate your case as set by Congress.

 

4) Last part of the complaint is relief

 

This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end

 

That is the end of complaint and your mandamus (Writ of Mandamus) 

 

It should be about 4-5 pages max

 

5) Attachments 

You attach a print out of your i-131/485/751 receipt, green card( if applicable)  , USCIS processing time print out from USCIS.gov website

 

Along with complaint you need the following 

1) civil cover sheet 

2) summons

 

 

Here is a

link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )

link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )

 

 

Step 2: Filing the complaint with court:

 

Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court

 

Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons

 

Make a check for 402$ for filing fee

 

Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions

 

So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. 

 

Step 3 Serving the Complaint to defendants (USCIS/DHS) : 

So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court

 

So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court

 

Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC

 

Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers 

 

Address for US attorney can be obtained by calling your local us attorney office

 

USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485

 

Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001

 

So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS

 

The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate. 

We filed the lawsuit 2 weeks ago. 

Our case was expedited because of my medical problems. My Wifes interview went well but for no reason they told her to fill out form ds5535. On the form it only asked for her brothers and I’s names and date of births and her travel and employment history (she has none!!!!!) it should not be taking this long. 

And the fact that they know what we are going through as they expedited our case and its been 8 months…. This delay has been making our lives so much harder then it already is.

2 hours ago, Crazy Cat said:

There are a lot of threads regarding them.  Search for "WOM" in the VJ search field. 

Where is the search field? When i enter wom for the search icon it says no results found 

1 hour ago, Ontarkie said:

You will want to check your regional forum. As of last July, WOM have been just a waste of money. They are being tossed out ever since that judge ruled against it. Lawyers are still taking your money and will say you have a good case but as many Canadians are discovering it was all a waste of money. So far only one in the Canada forum has mentioned that they might want to fight it further.  Not sure if they did or not as it would cost more on top of the original 4-7k they paid to file the WOM. 

For my case my Wife has been stuck in AP for over 8 months after her interview. She was told to fill out form ds5535, on it, it asked for her travel/employment history (she has none!!!!!!) her brothers and I’s date of births and names and thats it! 
 

Our case was also expedited because of my medical problems, yet they still aren’t processing. I had two surgeries in 2 years, and im dealing with many medical problems. And this delay has made it worse. 
 

yet the embassy still is not processing. 

1 minute ago, Boiler said:

What do you mean by groups, it can be part of the Immigration process and is often discussed on VJ.

 

Yeah i meant discussions. I couldn’t find anyone with Mandamus discussions. Thank you.

On 2/22/2024 at 11:43 AM, Crazy Cat said:

***A site related comment was removed and added to the issue thread****

Hi! Is there any groups for mandamus lawsuits? Im having trouble finding it. 

19 hours ago, Ontarkie said:

The DS-5535 is computer issued the CO doesn't have control over it. AP cannot be expedited either so I am very sorry this happened to you. You will want to jump over to the regional forum to see if they are tracking the DS-5535. 

 

Also I'm going to split off your comments about your account being hacked so I can post it is the Site discussion forum. Captain Ewok needs to be aware of this as it is not normal. 

Ok so I looked more into it. I logged into my visa journey account from safari and chrome. And when I logged into it again today, it said it was from Chicago and other inaccurate places. 
 

I think it was just me but, I don’t understand why it’s saying inaccurate locations one time then the other it’s saying my accurate location. Did anyone else have a same problem?

2 minutes ago, Crazy Cat said:

I would change my VJ password to a strong one.  Are you using an iphone?  The most a person could do with your VJ credentials  is to post spam.....and I haven't seen any posted by your account.  Moderators CLOSELY watch for that here......we watch VERY, VERY closely. 

Okay but would they get access to my personal information?

2 minutes ago, Elon said:

I would recommend using Google Authenticator in account settings

Okay but is this normal. How did this happen? My password was a strong one…. Do they now have access to my information?

3 minutes ago, Crazy Cat said:

Your Visa Journey account?  From whom did this notification come?

How did they get my password and logged in. This is ridiculous. As soon as I created my account this happened. 

1 hour ago, Elon said:

Who did you sue in your mandamus? I filed one and it was successfully but it was filed after one year of waiting. If I were you, I would also put in a request of FOIA to department of states asking the consular notes and other information that could give you an idea of what might be going on. I have done all these on my current case too.

I sued the embassy in Islamabad. I’ve been waiting 8 months since the interview. What is a FOIA? 
 

also i just signed up for Visa Journey and I got a notification that two devices from Chicago logged into my account, did this happen to you? Im a little worried they have my information now.

10 minutes ago, Boiler said:

What is her nationality?

Pakistani 

Hello, my Wife’s CR1 case has been stuck in AP for over 8 months at the US embassy Islamabad. Our case was expedited because of my medical problems. Everything in her interview went well but, for no reason she was put into AP and told to complete form DS5535. It asked for her travel and employment history (she has none!!!!) and her brothers and I’s date of births and names. 
 

We emailed them nonstop, contacted our senators but nothing worked. This delay has been so hard for us. 
 

Last week we finally filed a writ of mandamus lawsuit. Enough is enough. 
 

My question is, has there been any success with mandamus lawsuits that any if you have heard of filed yourself? Need some optimism, thank you!