When to file "mandamus" ? Administrative processing

[Waitingggg 20]

Hello all,

I am talking to a lawyer who is suggesting to file a Mandamus law suit. My husband has been in AP for over an year. Has anyone file Mandamus with success?

Here is the link for the lawyer.

http://michaelzgoldman.com/?gclid=CMHHuan--78CFQto7AodAmEA6A

His prices are expensive so i would like to find other lawyer referrals as well.

Thank You,

Edited August 5, 2014 by Waitingggg

[Hypnos 6,576]

Filing a mandamus suit during AP would likely be a good way to get the application denied; AP takes as long as it takes, you cannot expedite it or cause it to go faster than its sadly glacial pace in some situations.

[Waitingggg 20]

Filing a mandamus suit during AP would likely be a good way to get the application denied; AP takes as long as it takes, you cannot expedite it or cause it to go faster than its sadly glacial pace in some situations.

I dont think this is true..

[Hypnos 6,576]

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

[Sandra G. 5,047]

One year is not considered a "delay" in order to file a writ of mandamus. Usually we file the mandamus when the case is with USCIS for at least 3 years.People from some Countries can be in AP for 2/3 years.One year is not enough at all.

[belinda63 3,038]

My hubby was in AP for over a year. I have heard of several others in AP for longer.

Hypnos is correct. A writ of mandamus forces the unit to make a decision within a set time (usually 60-90 days). It DOES NOT mean they have to approve the case. A denial is also a decision. If the security checks have not been completed you will receive a denial.

[Waitingggg 20]

My hubby was in AP for over a year. I have heard of several others in AP for longer.

Hypnos is correct. A writ of mandamus forces the unit to make a decision within a set time (usually 60-90 days). It DOES NOT mean they have to approve the case. A denial is also a decision. If the security checks have not been completed you will receive a denial.

Thank you all I appreciate your feedback.

[RhettVoe 282]

If you try to push the government, they will push back. If you and some overpriced attorney try to force their hand (i.e., file the writ, 'demanding' they take action, they will....boom....denial....and that will be the end of it. If you reapply, back to AP it goes, starting completely over again (did that attorney mention this little detail while holding his hand out for your check?)

[Janelle2002 3,865]

They cannot deny you just because you filed a writ of mandamus. They still have to give an administrative reason with the applicable law as to why they are denying you.

In situations where they are doing mandatory AP the writ of mandamus may not be very helpful for you if the security checks are not finished. In this case they will have to deny you because the security checks are not finished.

In cases where they are not doing security background checks and over a year, a mandamus has and is very helpful.

I am sorry you are going through this. Some people from Pakistan with AP has taken 3-4 years. I know this is hard, but try to continue to hold on and have hope. It may be very soon before you know it.

[bestluck 71]

Hello all,

I am talking to a lawyer who is suggesting to file a Mandamus law suit. My husband has been in AP for over an year. Has anyone file Mandamus with success?

Here is the link for the lawyer.

http://michaelzgoldman.com/?gclid=CMHHuan--78CFQto7AodAmEA6A

His prices are expensive so i would like to find other lawyer referrals as well.

Thank You,

waiting.....

i will tell you that been over a year in AP .... is not longer time u need to joined new islamambad tracker part 2 there is alot of more people are waiting for their Visa I have been waiting almost 3 years for my visa my wife never file mandamus or contect any senator buz we know that AP Process could take longer now i am hope for my visa very soon inshallah so just wait and trying to send email to embassy once a after 2 week or a month so i wish your husband can get it soon inshallah praying for u and good luck ..... dont wasted time on it or money with lawyer there is nothing u can do about it just praying for your husband visa

thanks

[RhettVoe 282]

think 9-11

[meandmine 8]

Sorry to see that delay, but what "Hypons" advised is the best at this time. Let's pray that AP will be cleared soon. I know some time the family pressure is also makes the situation hard to go through but pray and " sabbr " works.Just wait and tell hubby also be patient...

[meandmine 8]

Stay great stay positive, Believe we r great American, America will not let us suffer, believe me your husband is not forgotten..... Just wait, don't spend money on attorney , for this situation .

[Jawaree 717]

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Diito . unfinished business is incomplete & denied

[Jawaree 717]

Federal law prevents a visa from being issued until all security checks have been passed (the PATRIOT Act). Filing a writ of mandamus forces adjudication to be made on the pending application. If the security checks have not been passed (and if AP is still ongoing, they haven't) then a denial is very likely.

There are people here from Pakistan who have been in AP for years; they are the rare cases, but it happens.

Ditto . unfinished business is closed out and denied...not a great idea for 1 yr AP