Rit of Mandamus

[SY Afghanistan 0]

Hello everyone around the world. I need your help I want to file rit of Mandamus for my husband's case because its in Administrative Processing for 2 years and couple months now. Its frustrating nothing helps contacting US embassy and my congressman. I tried everything but notjing worked. Some people suggested to file this rit thing. So is there anyone who has filed the rit of mandamus, if yes then how was the experience?

Please share.

 

[Jawaree 718]

I think you send a notice you will file this writ, then you file, please know it can hurry a person into a denial (not out of spite) but whatever query was the delay could cause the writ to have them end the delay & send decision that may not  be favorable...You should speak to a well informed atty on filing this writ

[SY Afghanistan 0]

3 hours ago, Jawaree said:

I think you send a notice you will file this writ, then you file, please know it can hurry a person into a denial (not out of spite) but whatever query was the delay could cause the writ to have them end the delay & send decision that may not  be favorable...You should speak to a well informed atty on filing this writ

Yes that is tge reason we hasitate too.

[Jawaree 718]

Have you sent an inquiry recently....This country AP can last a long time & the current climate does not help

[SY Afghanistan 0]

On 12/31/2017 at 6:43 PM, Jawaree said:

Have you sent an inquiry recently....This country AP can last a long time & the current climate does not help

Yes. Still the case is in AP they responded a few days a go and told me so.

[Jawaree 718]

Speak to an atty about Mandamus before doing anything....all you can do is now wait and vett oneself like they would...what in life history that could be a red flag

past memberships in certain org.,military or science background, previous gov worker in that country, have everything been disclosed to uscis.....Obrectively

go over the case  thinking like an ajudicator

,

[Boiler 45,659]

Something a Lawyer would handle.

[SY Afghanistan 0]

On 1/6/2018 at 4:47 PM, Jawaree said:

Speak to an atty about Mandamus before doing anything....all you can do is now wait and vett oneself like they would...what in life history that could be a red flag

past memberships in certain org.,military or science background, previous gov worker in that country, have everything been disclosed to uscis.....Obrectively

go over the case  thinking like an ajudicator

,

He was a gov worker in the country. Also once he applied for a visit visa to the US and he did not get the visa, at the time my asylum was also pending in USA.

Edited January 8, 2018 by SY Afghanistan

[Amhara 460]

17 hours ago, SY Afghanistan said:

He was a gov worker in the country. Also once he applied for a visit visa to the US and he did not get the visa, at the time my asylum was also pending in USA.

I doubt that getting denied a visitor's visa would affect the spousal visa; my guy (fiance at the time) applied and was denied a visitor visa.  That didn't seem to impact our situation.  

 

What kind of visa is he waiting for approval on?  The spousal visa or a different one, like SIV?

[SY Afghanistan 0]

On 1/8/2018 at 5:55 PM, Amhara said:

I doubt that getting denied a visitor's visa would affect the spousal visa; my guy (fiance at the time) applied and was denied a visitor visa.  That didn't seem to impact our situation.  

 

What kind of visa is he waiting for approval on?  The spousal visa or a different one, like SIV?

He is waiting for V92 visa.

[jan22 3,056]

If i understood you right, this is the scenatio:  Wife (you) sought and received asylum in the US -- which is usually based on fear of government persecution, although yours may have had another reason --  with the husband working for that government now seeking to join you as an asylee in the US.  My guess is that they are looking very carefully at his government work and actions and how that fits in with an asylum claim, which could take a long time. 

 

As others have said, you might not like the results of the Writ of Mandamus.  If approved, the writ essentially just requires them to take final action on his visa application.  If they do not have all of the background clearances required to issue a visa, the only possible final action would be to deny it.  Once denied, any action you could take (appeal, re-filing, etc) would still ultimately have to clear administrative processing, which would start from the beginning again.   It's hard to wait so long, but it may be better to wait out this one than start over.  

[SY Afghanistan 0]

On January 20, 2018 at 10:46 AM, jan22 said:

If i understood you right, this is the scenatio:  Wife (you) sought and received asylum in the US -- which is usually based on fear of government persecution, although yours may have had another reason --  with the husband working for that government now seeking to join you as an asylee in the US.  My guess is that they are looking very carefully at his government work and actions and how that fits in with an asylum claim, which could take a long time. 

 

As others have said, you might not like the results of the Writ of Mandamus.  If approved, the writ essentially just requires them to take final action on his visa application.  If they do not have all of the background clearances required to issue a visa, the only possible final action would be to deny it.  Once denied, any action you could take (appeal, re-filing, etc) would still ultimately have to clear administrative processing, which would start from the beginning again.   It's hard to wait so long, but it may be better to wait out this one than start over.  

Yes I prefered to wait than to start all over again.

[SY Afghanistan 0]

On January 8, 2018 at 5:55 PM, Amhara said:

I doubt that getting denied a visitor's visa would affect the spousal visa; my guy (fiance at the time) applied and was denied a visitor visa.  That didn't seem to impact our situation.  

 

What kind of visa is he waiting for approval on?  The spousal visa or a different one, like SIV?

He is waiting for V92 visa. His case is in AP since October 2015:-(