Is there a legal time frame for a Embassy to return a case to the USCIS?

[heartandsoul 4]

Hello,

Our CR1 case was denied at the ISL Embassy in June of 2012. Next month it will be one year and after many inquiries we finally received an email from the Embassy last week stating that they are in the process of sending our case back to USCIS suggesting revocation. That is the same response that we received over 10 months ago.

My question is how long are they allowed to hold it at the Embassy before they send it back? When talking to my congressman here they can hold it for as long as they want. Does anyone know if there is a law about this?

Also, there were two others on VJ that were denied within the same week as us and their cases were sent back within a couple of months, though they have not had the USCIS send them their NOIR as of yet.

Any info will be appreciated. Thank you!

[carolynhotstuff 252]

I do not know if there is any law limiting the amount of time the embassy can hold on to a case. However, you can file a Writ of Mandamus in Federal Court to try and get your case sent back. I filed a Writ of Mandamus to get out of AP and it worked and I even got my NOIR in record time.

I did not use an attorney. I filed the Writ myself. It took a lot of research on the internet but I was able to go to the Federal Courthouse in my city and get the paperwork. I asked that the filing fee be waived and asked the Court to appoint me an attorney. The judge waived the filing fee and said he would see about an attorney if the case went to court. You would be suing the head of the Department of State. My case never made it to court as the embassy hurried up and finished my case. I am sure they would send your case back rather than go through the expense of fighting you in court.

May God bless you and this nightmare be over for you soon. If you have any questions email me.

[MissAAA 9]

thats really good to know! thanks!

I do not know if there is any law limiting the amount of time the embassy can hold on to a case. However, you can file a Writ of Mandamus in Federal Court to try and get your case sent back. I filed a Writ of Mandamus to get out of AP and it worked and I even got my NOIR in record time.

I did not use an attorney. I filed the Writ myself. It took a lot of research on the internet but I was able to go to the Federal Courthouse in my city and get the paperwork. I asked that the filing fee be waived and asked the Court to appoint me an attorney. The judge waived the filing fee and said he would see about an attorney if the case went to court. You would be suing the head of the Department of State. My case never made it to court as the embassy hurried up and finished my case. I am sure they would send your case back rather than go through the expense of fighting you in court.

May God bless you and this nightmare be over for you soon. If you have any questions email me.

[heartandsoul 4]

Thank you for your advice. You are always helpful. Someone sent me this link and according to it they should not be holding our case like this.

http://travel.state.gov/visa/laws/telegrams/telegrams_1415.html

[carolynhotstuff 252]

I really believe your case has not been sent back because of a mistake on the part of the embassy. There are only a couple of things you can do sense emailing hasn't worked. You can sue them or try to get a letter to the Ambassador of the embassy.

By not sending your case back your life is just being wasted. When your case finally gets to USCIS they have 180 days to get the NOIR to you. That's more time wasted. I am so sorry this is what is going on with your case. I wish I could be of more help.

[maabish 2]

I really believe your case has not been sent back because of a mistake on the part of the embassy. There are only a couple of things you can do sense emailing hasn't worked. You can sue them or try to get a letter to the Ambassador of the embassy.

By not sending your case back your life is just being wasted. When your case finally gets to USCIS they have 180 days to get the NOIR to you. That's more time wasted. I am so sorry this is what is going on with your case. I wish I could be of more help.

i want to know that you filed a writ of mandamus to get NOIR or to expedite the process of Administrative process.please tell me i am waiting for almost 03 years waiting for my visa also embassy hv my passport since then.

My wife who is petitioner is currently living with me since wep.2010 should she go to US to file this writ.

please advise me in this regard.

thanks

[carolynhotstuff 252]

Only you can decide if the Writ of Mandamus is right for your case. The Writ has to be filed in Federal Court in the US. Your wife would have to go back to the USA.

I have a friend that was in AP 4 years and he just got his visa and is in the USA now. You could also try to wait for your AP to be over.

[Ali K 0]

Would you recommend a Writ of Mandamus in my situation? My wife had her interview 8 months ago for a CR-1. At that point she was told everything is fine and they should be contacting her soon. But it has been 8 months now and I just get the standard answer it is in Administrative review and will let you know when it's done. Any suggestions?

[carolynhotstuff 252]

I don't think 8 months in AP is long enough to file a Writ of Mandamus. My husband was in AP 16 months when I filed mine. Give the embassy some more time to work on your case.

We are in AP again after having our visa denied and wining our appeal. We have been in AP 11 months so far. The embassy asked for new documents and a medical which we sent. I would not file another Writ of Mandamus until we have been in AP for almost 2 years.

[O&Z 1]

carolynhotstuff-

we have been in AP for almost 8 month -he is Canadian born (but his parents are Pakistani and he has a very Muslim name).

I was wondering if you could tell me if you're visa has been approved and if you could explain what the Writ of Mandamus and NOIR is and if that is the reason your case was finished?

Would you also possibly be willing to share those documents with me? I can give you my personal email address.

Thank you so much,