Filing lawsuit against the embassy and Uscis

[Jenny17655 283]

18 hours ago, JFH said:

You are thinking of a writ of mandamus. In this situation it’s likely to get the visa denied. Federal law prohibits a visa from being issued until all security checks have been completed. A writ of mandamus forces them to make a decision (it DOESN’T force the case to be approved or to speed up the background checks). If the security checks are not complete and a decision is forced by writ of mandamus then the only outcome will be a denial. There is absolutely no way to speed up the AP stage. 

makes sense but just out of curiosity what kind of background check could take 5 yrs to complete?

[jeanita68 231]

1 minute ago, Jenny17655 said:

makes sense but just out of curiosity what kind of background check could take 5 yrs to complete?

My thoughts exactly!... I’m following this thread and maybe I may have to do the same thing. It’s been over 1 yr. 15 months exact. And still haven’t even gotten an approve I130 yet. They are saying background checks. But why it take so long.?

[NikLR 13,220]

The OP has pursposely caused their case to take years and has lived qith their husband the entire time.

The AP only began once the embassy aked for and then recieved the ds-5535. 

OP it would be nice if you wrote out an exact timeline of what happened. 

What blows my mind is that you guys ASKED for the year long wait after interview! Im sorry but I have little sympathy when you've waited and caused your own delays, purposefully, over the last 5 years.  Please dont whine about the length of your journey, you chose it.  Sorry that it's no longer going your way. 

 

Best of luck in the future.  

[SusieQQQ 11,584]

Yes I suggest be very careful on the lawyer. Immigration policy center says re WOM,  that the usual interpretation of the law can make adjustment of status cases speed up but because of the doctrine of consular non-reviewability it’s a different situation for consulates/embassies, and the courts have generally supported this distinction (short version, the warnings in this thread about risking denial by forcing a decision apply in this case because it involves visa issuance by a consulate, but wouldn’t for an AOS case in the US). 

 

OP you can be thankful that your husband isn’t in fact from one of the banned countries that was introduced while you had your intentional delay.  What a pity you didn’t just take the visa when offered even though you’d waited so long already and instead got caught up in new /differently applied policy. I’m sure the others on AP here would have grabbed that chance immediately. Please come back and update VJ on your decision and the outcome. 

Edited January 14, 2019 by SusieQQQ

[Unidentified 2,930]

So you have asked them to postpone and postpone year after year... Why the hurry now? 

[chi6488 93]

Of course the lawyer encourages you to do it.  He needs a new car

 

[Going through 5,668]

You waited over a year after being married to file the initial CR-1 visa:

 

8 hours ago, NLZZLN said:

My case is since oct 2014 and i got married in 2013 feb.

 

Your husband then requested the visa be postponed for a year at the time of the interview (see below):

 

8 hours ago, NLZZLN said:

my husband’s interview was January 2017........The officer was ready to give him visa during his interview he took his passport and gave him that congratulations letter with the green card fees paper and told him to collect the passport within 2-3 days. But i was pregnant so my husband told the officer to hold his visa for one year.

 

Because of the intentionally requested delay, a new medical then had to be done and submitted:

 

8 hours ago, NLZZLN said:

So in November 2017 we sent new medical with passport and we received it back the same day with the letter 221g for for administrative processing.

 

That looks to be around 3 years out of the "almost 5 years since we started the case" right there? (if you also include time between CR-1 filing and 2017 interview date).  

 

Of course, not saying it's not difficult to wait for what one wants...however I don't know if one can fully blame USCIS for the overall delay at this point.

Edited January 14, 2019 by Going through

[NLZZLN 6]

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. If you cant say anything nice then please dont say bad either. Thank you 

[Ben&Zian 4,397]

[NLZZLN 6]

45 minutes ago, SusieQQQ said:

Yes I suggest be very careful on the lawyer. Immigration policy center says re WOM,  that the usual interpretation of the law can make adjustment of status cases speed up but because of the doctrine of consular non-reviewability it’s a different situation for consulates/embassies, and the courts have generally supported this distinction (short version, the warnings in this thread about risking denial by forcing a decision apply in this case because it involves visa issuance by a consulate, but wouldn’t for an AOS case in the US). 

 

OP you can be thankful that your husband isn’t in fact from one of the banned countries that was introduced while you had your intentional delay.  What a pity you didn’t just take the visa when offered even though you’d waited so long already and instead got caught up in new /differently applied policy. I’m sure the others on AP here would have grabbed that chance immediately. Please come back and update VJ on your decision and the outcome. 

I will inshallah inform whatever decision we make next and what the outcomes out. 

[NLZZLN 6]

10 minutes ago, Going through said:

You waited over a year after being married to file the initial CR-1 visa:

 

 

Your husband then requested the visa be postponed for a year at the time of the interview (see below):

 

 

Because of the intentionally requested delay, a new medical then had to be done and submitted:

 

 

That looks to be around 3 years out of the "almost 5 years since we started the case" right there? (if you also include time between CR-1 filing and 2017 interview date).  

 

Of course, not saying it's not difficult to wait for what one wants...however I don't know if one can fully blame USCIS for the overall delay at this point.

My case started 2014 if u can count its 2019 now. Thank you nothing else i want to say to you. 

[Ron12345 16]

3 hours ago, Khallaf said:

I have to add something, your information is not all correct, I reached out to an attorney at the time of thought I was going to file a WoM and this is just part of what he told me in my email.

 

"Sadly, a federal case can take years.  Also though, I will tell you I have had experiences where we somehow manage to “scare” the government into making a deal with us asap.  I’ve never really figured out the formula for that, so I always take the long approach."

 

"Sometimes, I’ve seen Immigration just place a file on a shelf (and call it admin investigation) and wait for the marriage to fall apart.  I would expect you can wait for a few years.  I’ve got a particular case where we are going on 5 years now and we’ve had 2 interviews (the last one about a month ago)."

 

"Unfortunately, things get “lost” in bureaucracy and don’t get found years after.  That is why a writ of mandamus in federal court, to force the issue. 

 

I am not aware of a specific timeline for the AP.  I have know Immigration to do legitimate investigations that require them to travel to the beneficiaries home country and interview people in their home town.  Those investigations can legitimately take a few years because of logistics etc.

 

However, I would suggest continuing to hound your Senators and Representatives until they get something done for you."

 

 

if you file a WoM you are looking at thousands upon thousands of dollars in a case that could potentially be tied up in federal court for YEARS!

 

the embassy can also put a file on a shelf and let it sit, if you piss them off, it can just sit, is it right?? no, can they do it for no reason? sure can.

 

if you force an embassy to make a decision before a conclusive background check has been completed it will result in a denial

My information is accurate. You are conflating waiting years for a case to process AP without a lawsuit, and the lawsuit itself.

 

Whoever you spoke to is confused. The ability of Senators and Representatives to "do something for you" is non-existent with respect to AP.

[Going through 5,668]

14 minutes ago, NLZZLN said:

My case started 2014 if u can count its 2019 now. Thank you nothing else i want to say to you. 

In other words, you didn't like someone pointing out your own request/timeline in partially causing this delay...gotcha.

 

I didn't see where anyone said you "deserved it", though.

Edited January 14, 2019 by Going through

[Khallaf 649]

6 minutes ago, Ron12345 said:

My information is accurate. You are conflating waiting years for a case to process AP without a lawsuit, and the lawsuit itself.

 

Whoever you spoke to is confused. The ability of Senators and Representatives to "do something for you" is non-existent with respect to AP.

incorrect, senator helped in my AP case, so your wrong they do help.

 

the information I got was straight from a very well known and respected immigration attorney.

Edited January 14, 2019 by Khallaf

[Ron12345 16]

Just now, Khallaf said:

incorrect, senator helped in my AP case, so your wrong they do help.

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