Filling Writ Mandamus against The Department of State

[sandiego2013 3]

1 minute ago, Ebunoluwa said:

Let us know how it goes I have yet to read about a successful writ outcome here so I am curious what will happen.

Sure I will. We should move forward with processing in next two weeks. Hopefully it works.

 

[JFH 12,189]

9 hours ago, sandiego2013 said:

And by the way the embassy knows that my wife and I living together and have twin girls almost 2 years old and there's no reason for denial.

That's not a reason to approve either. They are not holding you in AP while they monitor your love-life. AP is not to decide who is a good husband and father and who isn't. It goes far beyond that. It's possible you have the same it similar name to someone on the terror watch list and they need to be 100% certain that they are letting the right one in.

 

So you are living with your wife in Egypt? That's pretty good. Many couples go through years of separation in this process. Count yourselves lucky on that score.

[LionessDeon 2,060]

10 hours ago, sandiego2013 said:

Well, I understand but in same time we can't live our life like this. It's so unstable. We have to do something, and we sure the federal court has the power of forcing the embassy to give a decision because we seeing that the embassy holding the case and they don't want to move on.

 

 

9 hours ago, sandiego2013 said:

Also for your knowledge that the embassy has the way to get an answer on the background check within 6-8 month maximum as from external agencies "in US" and not more than 6 month from internal government agencies "inside Egypt" but more than 13 month come on that's definitely intentionally delay. And by the way the embassy knows that my wife and I living together and have twin girls almost 2 years old and there's no reason for denial.

So you are already living together as a family.  When you said you can't live like this I thought you had been apart these 13 months in AP.  I have seen many cases here on VJ of those waiting two years or longer in AP waiting to be together.  If it were me, I would be seriously concerned about forcing a denial.  Then what?

[Just_Me00 15]

My then-fiance (now husband) was put in AP for 8 months by the embassy in Cairo, then secondary AP for another 4 months after that. After the initial 8 month AP, the embassy asked for a renewed medical and police report. Our case had no red flags and we only found out that it was in a second AP after reaching out to my Senator.

 

I am wondering, have you reached out to your Congressman or Senator? If not, that may be a good step to take before filing the Writ.

Edited February 17, 2017 by Strong_Always

[IcezMan_IcezLady 582]

Try your congressman first... then you can go on to the suit.

[My wife my hope 7]

I'm fee sorry for you really bro! This administrative processing is a real black hole! If you decided to file writ of mandamus you wil need first to know where your case is stuck! Is it at the embassy or somewhere else, you need to hire a good lawyer in order to proceed correctly. I've heard some folks who were having their cases stuck for security checks and they were considering suing the fbi to make a decision! Keep in mind that if your case is stuck at another gov agency not the DOS the embassy will be more than happy to make a decision with refusal in case you filed for mandamus 

[agripa 100]

I'm sorry you've been put through the ringer like this. However, from reading things here on VisaJourney, you're lawsuit is highly unlikely to succeed and worse, it could lead to a denial of your petition.  The principle of consular non-reviewability is pretty strong and it's surprising that your lawyer has has success with this action previously. However, if as you've said you've tried and exhausted every other route (contacting senators/congressmen, info pass appointment, contacting the embassy, etc.) and are willing to live with the possibility that your application may be rejected forcing you to start all over again, then by all means proceed. I would strongly urge you to contact an additional lawyer to get a second opinion. Best of luck and I hope things work out.

[sandiego2013 3]

13 hours ago, JFH said:

That's not a reason to approve either. They are not holding you in AP while they monitor your love-life. AP is not to decide who is a good husband and father and who isn't. It goes far beyond that. It's possible you have the same it similar name to someone on the terror watch list and they need to be 100% certain that they are letting the right one in.

 

So you are living with your wife in Egypt? That's pretty good. Many couples go through years of separation in this process. Count yourselves lucky on that score.

Im visiting my wife and kids in Tijuana Mexico and they living with me here since Oct, but the thing is my current status here will be finished in two month. And by the way when I mentioned we can't live our life like this I meant the instability in matters, being together not everything, there's a lot of other facts should be considered as part of life than just be together. Of course I'm glad I am able to see them and being around my family but the only thing is the embassy doesn't give about people's life.

 

[sandiego2013 3]

13 hours ago, LionessDeon said:

 

So you are already living together as a family.  When you said you can't live like this I thought you had been apart these 13 months in AP.  I have seen many cases here on VJ of those waiting two years or longer in AP waiting to be together.  If it were me, I would be seriously concerned about forcing a denial.  Then what?

I appreciate your opinion.

 

[sandiego2013 3]

13 hours ago, Strong_Always said:

My then-fiance (now husband) was put in AP for 8 months by the embassy in Cairo, then secondary AP for another 4 months after that. After the initial 8 month AP, the embassy asked for a renewed medical and police report. Our case had no red flags and we only found out that it was in a second AP after reaching out to my Senator.

 

I am wondering, have you reached out to your Congressman or Senator? If not, that may be a good step to take before filing the Writ.

We have done that long time ago and the embassy just responding as the case has to go through this AP. 

[sandiego2013 3]

12 hours ago, IcezMan_IcezLady said:

Try your congressman first... then you can go on to the suit.

Believe me when we though about suing the DOS that was last hope and option.

 

[sandiego2013 3]

11 hours ago, My wife my hope said:

I'm fee sorry for you really bro! This administrative processing is a real black hole! If you decided to file writ of mandamus you wil need first to know where your case is stuck! Is it at the embassy or somewhere else, you need to hire a good lawyer in order to proceed correctly. I've heard some folks who were having their cases stuck for security checks and they were considering suing the fbi to make a decision! Keep in mind that if your case is stuck at another gov agency not the DOS the embassy will be more than happy to make a decision with refusal in case you filed for mandamus 

Thank you bro for your feeling. Actually we confirmed that our case been hold by the FBI but we have nothing to do than to take the case to the federal court.

[sandiego2013 3]

9 hours ago, agripa said:

I'm sorry you've been put through the ringer like this. However, from reading things here on VisaJourney, you're lawsuit is highly unlikely to succeed and worse, it could lead to a denial of your petition.  The principle of consular non-reviewability is pretty strong and it's surprising that your lawyer has has success with this action previously. However, if as you've said you've tried and exhausted every other route (contacting senators/congressmen, info pass appointment, contacting the embassy, etc.) and are willing to live with the possibility that your application may be rejected forcing you to start all over again, then by all means proceed. I would strongly urge you to contact an additional lawyer to get a second opinion. Best of luck and I hope things work out.

I really Appreciate your advise and I will consider it.

[JFH 12,189]

8 minutes ago, sandiego2013 said:

Im visiting my wife and kids in Tijuana Mexico and they living with me here since Oct, but the thing is my current status here will be finished in two month. And by the way when I mentioned we can't live our life like this I meant the instability in matters, being together not everything, there's a lot of other facts should be considered as part of life than just be together. Of course I'm glad I am able to see them and being around my family but the only thing is the embassy doesn't give about people's life.

 

Let's not turn this in a competition of whose visa journey was the worst. However, I will say that in the grand scheme of things, 6 months with your wife and children in Mexico is more than most of us could dream

of. 

 

We we also had a rough ride and I know all about embassies not caring about people's lives. We originally applied for a U.K. visa for my husband as the U.K. (my home land) was our first choice. But my husband was denied with no possibility of appeal and has a lifetime ban also with no possibility of appeal. All because of a theft conviction in the early 1990s. Long before I even knew him. We live less than 100 miles from the Canadian border and he can't even go to Canada to go shopping for the day, like many people here do. 

 

We we all have our stories to tell. You have the option of moving to another country with your wife and children. How about they move to Egypt? 

[Boiler 43,437]

Makes a bit more sense now, did not know he is in Mexico.