Filing lawsuit against the embassy and Uscis

[Going through 5,668]

The crux of the issue---or perhaps the catch 22---- would be if the background delay would be rectified in the (what is it, 60 days?) response time set out for the WoM.   Background checking that also partially relies also on the foreign country's cooperation could claim the delay is "from the"country of origin's side, not the FBI"...so not their fault it was delayed....just thinking aloud here.

 

Possible that might end up being the "legal reason" needed in the case of a denial?  As in, "legally the response time ran out?"

 

(I know, I know.....stretching it a bit there, maybe...but maybe not)

 

 

Edited January 14, 2019 by Going through

[Ron12345 16]

2 minutes ago, JFH said:

But if it’s an overseas agency holding up the process? 

We are getting into the weeds, but you dont think that the FBI/CIA/DHS have the ability to make a phone call?

[Ron12345 16]

4 minutes ago, Going through said:

The crux of the issue---or perhaps the catch 22---- would be if the background delay would be rectified in the (what is it, 60 days?) response time set out for the WoM.   Background checking that also partially relies also on the foreign country's cooperation could claim the delay is "from the"country of origin's side, not the FBI"...so not their fault it was delayed....just thinking aloud here.

 

Possible that might end up being the "legal reason" needed in the case of a denial?  As in, "legally the response time ran out?"

 

(I know, I know.....stretching it a bit there, maybe)

 

 

They would have to make the argument in court that it's not been an unreasonable amount of time. Then it boils down to the judge. Basically there are some judges who always side with the govt and some who always side with plaintiffs. They cant deny based on what you've stated.

 

It's much better for them to quickly complete their own investigation.

Edited January 14, 2019 by Ron12345

[Going through 5,668]

3 minutes ago, Ron12345 said:

We are getting into the weeds, but you dont think that the FBI/CIA/DHS have the ability to make a phone call?

They do.  The issue may be those countries who don't openly share info.  Not unheard of immigration-wise.

[Ron12345 16]

2 minutes ago, Going through said:

They do.  The issue may be those countries who don't openly share info.  Not unheard of immigration-wise.

Dont know what you are referring to. If they dont share information, then the part about waiting on foreign security partner is irrelevant. 

[Going through 5,668]

4 minutes ago, Ron12345 said:

Dont know what you are referring to. If they dont share information, then the part about waiting on foreign security partner is irrelevant. 

You mentioned earlier how they can just make a phonecall if needed---not all countries openly share immigration/border and criminal history as quickly with the US, compared to other countries.  That doesn't mean that the US still doesn't exhaust possibilities to get this info, which can add time in AP.

Edited January 14, 2019 by Going through

[SusieQQQ 11,584]

40 minutes ago, NLZZLN said:

Yes thank god for this that im living with him. I submited ds5535 in november and they told me they didnt recieve it for 3 months i was just sitting and waiting for them to do something about my case then feb when i sent new affidavit of support to add my daughter n follow up on the status they said they didnt get my email which is really sad. 3 months were wasted for nothing. 

I’m not sure I understand this bit.  I presume you mean you updated the i864 to include your new baby, but it sounds like you sent this via email? Did I misunderstand that? Or did you mean you sent the DS5355 via email and only found it wasn’t received when you updated the affidavit of support?

 

If you have been living in the UAE for some years, do you have a joint sponsor in the US? 

[geowrian 22,335]

3 hours ago, Mellamanlola said:

and they have more privileges when contacting USCIS or Embassies.

? That's news to me...I'm pretty sure they have access to the same case information.

It's certainly possible a specific lawyer may know an IO, supervisor, or anybody else in the chain....but it would be illegal for them to provide any services related to that.

1 hour ago, NLZZLN said:

Well it was our decision to hold the visa for one year because of personal reasons which i cant share. And time is not always the same. It changes and people go through tough time it doesnt mean that now they are taking so much time in AP its my fault or i deserve it. I dont deserve it because the difficulties i had that i went through were from god.

Nobody said or implied it's your fault for the extended AP. Nor any issues with the personal personal reasons for wanting the delay.

The part that was your own fault was most of the wait outside of USCIS and NVC processing + AP. The claimed 5 year wait was really only a minority portion due to others.

I understand the difficulty with such a long wait. I understand that the wait right now is not your fault.

1 hour ago, Ron12345 said:

Oh yea, what specifically did they do for you? Please expand. 

Maybe it involved some stuff magically happening?

 

41 minutes ago, Ron12345 said:

What will happen is that they complete their processing. This can be done very, very quickly if they request that it be done so.

Source? I'd love to know how security checks only take a few days if they want them done...it would help a lot of people waiting.

As others noted, if the case was basically set aside then a WoM can light a fire under them to find it and make a decision. That does happen and is a real possibility.

If it really is waiting on results from another agency (US-based or not), then it will take as long as it takes. They aren't beholden to the DOS and don't care about a WoM filed with them.

[SusieQQQ 11,584]

43 minutes ago, Going through said:

You mentioned earlier how they can just make a phonecall if needed---not all countries openly share immigration/border and criminal history as quickly with the US, compared to other countries.  That doesn't mean that the US still doesn't exhaust possibilities to get this info, which can add time in AP.

This is a long and slightly outdated but still useful note on AP, this and a few other sites note that Pakistan is one of the countries on the security watchlist, and that males aged16-45 come in for particular scrutiny.  It’s significant to note that this article was written before the intro of the DS5355 which has obviously slowed things down exponentially even further. 

https://www.soundimmigration.com/understanding-administrative-processing/

 

it also occurs to me that the regular trips back to Pakistan you mentioned may be an issue in the AP now too, can’t say for certain but given the descriptions above it’s certainly possible.

 

 

Edited January 14, 2019 by SusieQQQ

[NLZZLN 6]

16 minutes ago, SusieQQQ said:

I’m not sure I understand this bit.  I presume you mean you updated the i864 to include your new baby, but it sounds like you sent this via email? Did I misunderstand that? Or did you mean you sent the DS5355 via email and only found it wasn’t received when you updated the affidavit of support?

 

If you have been living in the UAE for some years, do you have a joint sponsor in the US? 

No first i submited via email ds5355 then by post i send new affidavit and ds5355 again when they told me to send the email again. So to be for sure they recieve it i sent them again. 

 

 

[NLZZLN 6]

To make everyone clear im not talking about the whole wait time from starting. Right now my problem is the AP is taking longer than normal. I was just telling my whole case and everything from start that its been this much time. Right now under AP it is been more than a year cuz i did submited the ds5355 via email as i was asked in the instructions then after 3 months i was told they didnt get the email. Total waste of 3 months. So im counting from nov 2017 till now date which is more than a year. 

[Kastrs 723]

6 minutes ago, NLZZLN said:

To make everyone clear im not talking about the whole wait time from starting. Right now my problem is the AP is taking longer than normal. I was just telling my whole case and everything from start that its been this much time. Right now under AP it is been more than a year cuz i did submited the ds5355 via email as i was asked in the instructions then after 3 months i was told they didnt get the email. Total waste of 3 months. So im counting from nov 2017 till now date which is more than a year. 

You mentioned your husband takes annual trips to Pakistan- where in Pakistan that could certainly be part of the issue

 

[Going through 5,668]

9 minutes ago, NLZZLN said:

To make everyone clear im not talking about the whole wait time from starting. Right now my problem is the AP is taking longer than normal. I was just telling my whole case and everything from start that its been this much time. Right now under AP it is been more than a year cuz i did submited the ds5355 via email as i was asked in the instructions then after 3 months i was told they didnt get the email. Total waste of 3 months. So im counting from nov 2017 till now date which is more than a year. 

DS5355's seem to slow things down a bit in general, as reported by others on VJ, unfortunately.

 

Definitely within your right to file the WoM at this point....just be wary that it may force a decision not to your benefit, as cautioned earlier in this thread.

Edited January 14, 2019 by Going through

[SusieQQQ 11,584]

19 minutes ago, NLZZLN said:

To make everyone clear im not talking about the whole wait time from starting. Right now my problem is the AP is taking longer than normal. I was just telling my whole case and everything from start that its been this much time. Right now under AP it is been more than a year cuz i did submited the ds5355 via email as i was asked in the instructions then after 3 months i was told they didnt get the email. Total waste of 3 months. So im counting from nov 2017 till now date which is more than a year. 

There is no real “normal” for AP. We have a number of posters from Pakistan (and some of the rest of the 26) on VJ who have been in AP for 1-2 years. Some even longer i think. It sounds like the delay in the visa caused them to re-start the  AP process, adding in the DS5355 as a new factor since the original interview date (and for whatever reason they didn’t get that), your husband not only being from one the 26 countries but regularly going back there, all at a time when there’s heightened security screening/processing. And, I don’t know if this is the case, but I’ve seen people speculating that the government shutdown has included some of the agencies involved in background checks so maybe add a further delay in there. I can understand it’s frustrating. Have you been posting on the regional forum for Pakistan to get an idea of how the case stacks up against other Pakistani males of a similar generation?

Edited January 14, 2019 by SusieQQQ

[Kastrs 723]

10 minutes ago, SusieQQQ said:

There is no real “normal” for AP. We have a number of posters from Pakistan (and some of the rest of the 26) on VJ who have been in AP for 1-2 years. Some even longer i think. It sounds like the delay in the visa caused them to re-start the  AP process, adding in the DS5355 as a new factor since the original interview date (and for whatever reason they didn’t get that), your husband not only being from one the 26 countries but regularly going back there, all at a time when there’s heightened security screening/processing. And, I don’t know if this is the case, but I’ve seen people speculating that the government shutdown has included some of the agencies involved in background checks so maybe add a further delay in there. I can understand it’s frustrating. Have you been posting on the regional forum for Pakistan to get an idea of how the case stacks up against other Pakistani males of a similar generation?

Valid point

I know of people who have been in AP from Pakistan for YEARS (7 years is the longest I know of) but 1-2 or even 3 years is not unheard of