Law suit for AP?

[augustapplicant 0]

Hello All,

My fianace's AP is pending for more than 5 months, my attorney said by law i can place a law suit against them if the background check clearance goes over 90 days? anyone thought about this? any input? greatly appriciated.

[MaryandMian 1]

Hello Augustapplicant,

First off coming from Iran is not an easy process and certain countries have to endure AP. Iran is listed as one of the t countries and it does not have a set time for checks to be completed.

What your attorney is suggesting is called a Writ of Mandus. Most attorneys will not attempt this unless a case has went on for over one year and it is a lawsuit just asking the government to make a decision. Usually the applicant must have a paper trail of trying to find out answers and AP is a dark hole since it is security checks. In all the files with the FAM it states that all applicants must have name and finger prints run and all checks must come back clear. If they order three checks and two are done the one outstanding keeps the visa from being issued until all are back and cleared.

If you do file a writ it does not mean that you will get an approval since it is just asking to make a decision of yes or no. I highly suggest that you give it some more time. The average time of AP for my husband's country is 6 months unless very common name so it sounds like you may be in an average range too for her checks.

Edited January 6, 2009 by MaryandMian

[augustapplicant 0]

Hello Augustapplicant,

First off coming from Iran is not an easy process and certain countries have to endure AP. Iran is listed as one of the t countries and it does not have a set time for checks to be completed.

What your attorney is suggesting is called a Writ of Mandus. Most attorneys will not attempt this unless a case has went on for over one year and it is a lawsuit just asking the government to make a decision. Usually the applicant must have a paper trail of trying to find out answers and AP is a dark hole since it is security checks. In all the files with the FAM it states that all applicants must have name and finger prints run and all checks must come back clear. If they order three checks and two are done the one outstanding keeps the visa from being issued until all are back and cleared.

If you do file a writ it does not mean that you will get an approval since it is just asking to make a decision of yes or no. I highly suggest that you give it some more time. The average time of AP for my husband's country is 6 months unless very common name so it sounds like you may be in an average range too for her checks.

Thanks so much for your information, really appriciated, by any chance do you know what is AP processing time for Iranian? how can i find out? or it does not matter what country are you from? thanks again.

[sara..... 371]

Hello Augustapplicant,

First off coming from Iran is not an easy process and certain countries have to endure AP. Iran is listed as one of the t countries and it does not have a set time for checks to be completed.

What your attorney is suggesting is called a Writ of Mandus. Most attorneys will not attempt this unless a case has went on for over one year and it is a lawsuit just asking the government to make a decision. Usually the applicant must have a paper trail of trying to find out answers and AP is a dark hole since it is security checks. In all the files with the FAM it states that all applicants must have name and finger prints run and all checks must come back clear. If they order three checks and two are done the one outstanding keeps the visa from being issued until all are back and cleared.

If you do file a writ it does not mean that you will get an approval since it is just asking to make a decision of yes or no. I highly suggest that you give it some more time. The average time of AP for my husband's country is 6 months unless very common name so it sounds like you may be in an average range too for her checks.

Thanks so much for your information, really appriciated, by any chance do you know what is AP processing time for Iranian? how can i find out? or it does not matter what country are you from? thanks again.

i dont think that the country matters, look at my time line we have been waiting almost a year and a half my s/o is from india, it depends on if the file brings up a name hit or any other thing they might find of interest that takes it to other security clearance, i have no idea what ur attorney is talking about in the 90 days you can sue for them to say yes or no, if you try to get a senator involved they will get a return letter from the service center ur families petition is in back ground or security check and there is nothing anyone can do until that has been resolved, this can take a few months up to a few years. there is one person on here that i know of that did what your attorney is talking about it cost a lot of money if money is no object to you then i guess is not a problem, how ever five months is a very short time compared to what many from mena have gone thru.

good luck to you and i will put u in my prayers i hope ur case is resolved very soon

sara

[MaryandMian 1]

If you click on my country shown in my ID it will bring up all applicants that are Pakistani. I think you can fix your country and then pull up the information that way. I do not know of any particular cases now but in the past it was taking 6 months or longer from this country. There are countries that are considered T countries and these applicants must endure more stricter checks. You will just have to do your research this way.

4 Although it is classified, the list of countries reportedly affected

by these restrictions includes, but is not limited to, Afghanistan,

Algeria, Bahrain, Bangladesh, Djibouti, Egypt,

Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,

Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia,

Sudan, Syria, Tunisia, Turkey, the United Arab Emirates,

and Yemen.

This comes from a lawyer that does immigration law and has written an extensive article called the Wolfsdorf article on consular processing. This is the revised edition for 2007 http://www.abil.com/articles/ABIL%20Articl...20Wolfsdorf.pdf

[Chica Yeyé 41]

Hello All,

My fianace's AP is pending for more than 5 months, my attorney said by law i can place a law suit against them if the background check clearance goes over 90 days? anyone thought about this? any input? greatly appriciated.

It will take more time - some folks are over 18 months on AP. Sorry.