When to file "mandamus" ? Administrative processing

[southcoast 27]

A Mandamus is a costly bit of legal work, and I agree with the other posters that rushng a decision can frequently result in a bad decision. Why don't you try a little nuance before the club. Call your congressman and see if they will put a Congressional inquiry in for you. If your paperwork has been lost in the pile, then this may shake it loose. If there is a legitimate reason for the delay, then at least you will know that too. Its free and it wont hurt anything.

[Waitingggg 20]

My senator has sent few emails. Our class is plain and simple.. No Red FLAGS!! It just the Islamabad embassy.

Thank You all for your suggestions.

[meandmine 8]

Sorry for coming again , but want to tell u if per your thoughts it's Islamabad, then please leave it alone, there must be a reason, in the back ground check problem, there r many things which we think r normal, but I tell u I'm a medical doctor ,degree from UK , WHEN I WAS NEW HERE I WORKED with very papular catholic organization who help lot to people with immigration. I did not pass the board yet so I was working with them I saw psychologically the people USC based from our area, have not lots of control on our spouse,s past I mean they were having criminal background but like, we go to certain place to pray or Islamabad embass...people went to their place for inquiry , you know how our people r may besome body lie and said some thing untrue about our spouse etc.So please don't push the situation with outcome which we don't like... Just sabr and salat and wait with patience is the best solution is.... At this time.

[thedude6752000 360]

What people have been saying here is not entirely accurate. If the background checks are ongoing, State will make that case to the judge. In most cases, AP is just the embassy people dicking around not doing their job because they either do not want to or are not encouraged to grant visas to certain categories of people. In these cases, AP is a very effective way to force them to actually do their jobs. Also 1 year is sufficient to file a mandamus. I would listen to your lawyer.

Also see http://www.kaieteurn...t-in-visa-case/

Edited August 6, 2014 by thedude6752000

[thedude6752000 360]

http://www.capitolne...-j-court-order/

U.S embassy follows N.J court order

All's well that ends well even if one had to get the court involved. Capitol News reported back in November that a Federal Judge had ordered the US Embassy here to make a decision in the case of an intended immigrant. The man’s case had been in limbo for nearly two years under what was called Administrative Review. Well the Embassy made a decision in the man’s favor and he was able to spend the holidays with his spouse from whom he had been separated because of his pending visa status for over two years.

New Jersey Federal Judge William Martini was asked by a Guyanese woman who sponsored her husband to the United States, to issue a writ of mandamus directing that the US Embassy either issue or refuse her husband a permanent resident visa.

The Judge ruled that while it may not be within the court’s jurisdiction to review how a consular officer arrived at a decision, it was certainly within the court’s mandate to instruct the Government officer to make a decision. The case arose from the fact that the husband received a letter from the U.S. Embassy in Guyana stating that he was found temporarily ineligible to receive a visa. That was since June 2011. The letter stated that the case required “Administrative Review” and that new information, when available, will be communicated to him in writing. The court found that over time there was no evidence of administrative review. After the matter ended up in the court the US embassy called in the husband to continue the process. And earlier last month the US Embassy not to be in violation of the court order made a decision and issued the visa.

Several persons have complained about delays in the immigration process where US embassies in the Caribbean have put them on pause so to speak for administrative review or claimed that there is a refusal on various grounds including failure to provide documentation or allegations of misconduct. The New Jersey Judge’s order is expected to make it clear that decisions have to be made according to the procedures laid down in the law. The Court ruled that intended immigrants simply cannot be told “your case is still pending” without a final decision being made.

[thedude6752000 360]

think 9-11

Translation: think racism

[meandmine 8]

Thedude is right but he said an other way what I said..... Just one year though it is a great amount of the time for us........ But for ........ It is not...... Irritating the situation will not bring the comfort which we r looking for!!! Still I will say if this is me I will rather wait... And give them some more time.....let them complete what they want to..... Let's pray keep our hope for positive results.

[meandmine 8]

It is not " racism" it is a situation.....from a region I came from!!!!!!

[meandmine 8]

Sir in the referred court case, the petitioner is from different region , again I will say it is not " racism" I just think that applicants from some area get delays due some extensive check and some regions less.....(may be) but my point here is only this, that, we know we have more options to results faster, but thinking positive brings more comfort... We want the positive results... We need to think positive about those who r decision maker about our love ones future with us here!! I m done.

[RhettVoe 281]

Think back to Sept 11th, 2001....think real hard.....the US of A is more than keenly interested in border security...oh well....try filing your writ...see what happens....guess what....'national security' will take precedence....that is just a fact of life thanks to a variety of factors...some people might try to claim 'racism'' others might say...'hey, makes sense to me...'...(and lawyers will just stand in the way, with their hands out for the cash)...no CO nor the DoS wants to grant a visa to anyone who might be (or have been) identified with any of the 'bad guys'....ask yourself...if you were a CO, would YOU dole out a visa to somebody who might have even a 1% chance of being associated with 'bad guys' when some security checks were available? You would have to be out of your mind. Sorry it's taking so long, just thank the 'bad guys.'

[Hypnos 6,576]

The OP's AP hasn't lasted one year, and the referenced court case was in AP for almost two years.

As I've said previously, it's an imperfect system, but the federal government's goal is to prevent another 9-11.

[Hypnos 6,576]

Sorry, OP's AP has lasted just over a year. Misread the first post.

[Waitingggg 20]

Would you guys say someone should consider filling mandamus after 18 month?

[Hypnos 6,576]

If you are willing to take the risk of denial and re-starting from scratch.

Edited August 7, 2014 by Hypnos

[hatedawait 4]

Would you guys say someone should consider filling mandamus after 18 month?

Consult with your lawyer and ask that if just writing an email or any communication to islamabad and telling them that you are about to file the writ and you are just giving them an advance notice before you do. So that they might make a decision now and let u know. Becuz according to wat i have read about writ is that embassies themselves will try to avoid get any kinda of lawsuit if they can, its also more burden and paperwork for them.

so in short, after consulting ur lawyer, communicate with ISL and let them know you are about to take this action if there is no answer from them

Edited August 7, 2014 by hatedawait