The writ of mandamus

[Soon2019 3]

Hey everybody! Someone here can tell me what's the writ of mandamus and what's for? My fiance wants to hire a lawyer for that after waiting 20 months since we are applied until now.

 

Thanks

[Just Paul 4,591]

It forces the Department of State to make a decision.  Unfortunately it does not often come with a positive outcome.  Basically DOS will say we don't have enough info to approve or the background  / security check is not complete.  It does not force them to complete any of that.  it forces them to make a administrative decision. And the decision is almost always a denial.  That denial can't be appealed in a K1.

 

Have you exhausted the congressional and ombudsman angles? 

[Greenbaum 12,258]

14 minutes ago, Frankitaf said:

Hey everybody! Someone here can tell me what's the writ of mandamus and what's for? My fiance wants to hire a lawyer for that after waiting 20 months since we are applied until now.

 

Thanks

Here is a description with an article that will help you to understand this process. @Paul & Mary have laid out the outcome and some other suggestions to follow. Like they have said this may not be the answer your looking for.

 

You can sue USCIS to make a decision on your case if it has gone too long. https://drive.google.com/file/d/1a-FPirWXg2jSXHKXE_jocaOQuNMfib_4/view?usp=sharing

 

It is called writ of mandamus (WOM). It is basically a legal requirement for the organization you are suing to make a decision based on the status of the case at that time.

 

Here is where it can backfire. Sometimes it is out of USCIS or the embassies hands. For example, if immigration is waiting on background checks of the beneficiary from their country's federal organizations that hasn't came in yet, obviously US immigration can't move forward with your case. If you sue for WOM, then they have to make a decision based on where your case is currently at. And if they don't have a background check on you, which is a essential requirement, then they have to deny your case.

 

We know the waiting sucks. But it is not all US immigration's fault. It is a complex process that involves multiple government entities from different countries. 

 

Unless your case is severely overdue (nearly a year or more), I would not risk WOM.

[TandSarahJane 178]

13 minutes ago, Frankitaf said:

Hey everybody! Someone here can tell me what's the writ of mandamus and what's for? My fiance wants to hire a lawyer for that after waiting 20 months since we are applied until now.

 

Thanks

based on your timeline of going into AP in October 2018 i don't think you would be successful.  1 thing u have to prove here is that your timeline is excessive,  and AP for 3 months doesn't meet that threshold unfortunately.

 

 

[Nov2017AD 52]

WoM are typically only succesful against USCIS, not against the department of state/consular level.

 

They would dismiss your case outright because 3 months is not unreasonable. After 1+ years you can start looking into it and even then against DOS it's risky.

 

 

[Soon2019 3]

Thanks so much for everybody's explanation. It's not my idea but it's my fiance's idea he wants to ask a lawyer if they can do the writ of mandamus. We have been 3 months in AP we already waited almost 13 months to get approved from the USCIS and we never used any Congressman or Senator during the waiting for the i-129. My fiance contacted his Congressman 3 weeks ago we didn't hear anything yet from them we only see two updates last week after almost 3 months with no update.

My passport still with them they didn't ask for any documents or. 

 

[carmel34 3,526]

18 minutes ago, Frankitaf said:

Thanks so much for everybody's explanation. It's not my idea but it's my fiance's idea he wants to ask a lawyer if they can do the writ of mandamus. We have been 3 months in AP we already waited almost 13 months to get approved from the USCIS and we never used any Congressman or Senator during the waiting for the i-129. My fiance contacted his Congressman 3 weeks ago we didn't hear anything yet from them we only see two updates last week after almost 3 months with no update.

My passport still with them they didn't ask for any documents or. 

 

3 months in AP is not very long based on all the posts here on VJ about AP, especially for Morocco.  Some have been in AP for more than a year.  I would wait at least for 6 months of AP with no response before even thinking about WOM.

[Nov2017AD 52]

6 hours ago, Frankitaf said:

Thanks so much for everybody's explanation. It's not my idea but it's my fiance's idea he wants to ask a lawyer if they can do the writ of mandamus. We have been 3 months in AP we already waited almost 13 months to get approved from the USCIS and we never used any Congressman or Senator during the waiting for the i-129. My fiance contacted his Congressman 3 weeks ago we didn't hear anything yet from them we only see two updates last week after almost 3 months with no update.

My passport still with them they didn't ask for any documents or. 

 

That you waited 13 months for the first step doesn't have any bearing on AP even though 13 months is ridiculously long...(I'm at 14 months now and suing their incompetent (removed)

 

3 months in AP is not that long and they're probably performing security checks on your fiance. Give it a bit more time or keep contacting your senators until they reply.

 

If you filed WOM now, the judge and DOS lawyer would have a nice laugh and your lawsuit would be dismissed and your application would still be in AP.

Edited February 1, 2019 by Ontarkie
bypassing language filter

[Nov2017AD 52]

Also just to clarify because of some incorrect information.

 

Filing a WoM DOES NOT force USCIS to make a decision based on the current status of the case.

 

The Administrative Procedures Act requires federal agencies to perform their duty within a reasonable time. A judge determines what is reasonable, since it's not explicitly written in the law, based on prior cases and other factors. 

 

If a judge determines the time it is taking is unreasonable, he will grant the WoM and order USCIS/FBI to complete the application usually within 60 days. This may lead to denial because it may be in reality impossible to approve it and they are forced to make a decision.

 

What usually actually happens is the judge doesn't make a decision on the case and let's uscis and the petitioner settle it. Uscis lawyer says give us 60 days, we'll get it done asap. Gets approved because everyone knows the real reason for the delay is incompetence. Both agree to dismiss case. Everyone gets what they want.

[Jordan J 3]

We have been on AP for the past 15 months!! But have never considered Writ of Mandamus, just for the same

reason, it's consequences are usually not good. In your case; it's not that long at all. I would definitely wait a few

more months before taking this next step. 

[geowrian 22,335]

Gotta agree...a WoM after only 3 months of AP is going to be a waste of money and even likely cause undue stress. I understand the wait is hard, but you're not in a situation where the case is outside the norm.

[Nov2017AD 52]

1 hour ago, Jordan J said:

We have been on AP for the past 15 months!! But have never considered Writ of Mandamus, just for the same

reason, it's consequences are usually not good. In your case; it's not that long at all. I would definitely wait a few

more months before taking this next step. 

Damn 15 months AP, that's depressing.

[Cathi 5,607]

5 hours ago, Frankitaf said:

Thanks so much for everybody's explanation. It's not my idea but it's my fiance's idea he wants to ask a lawyer if they can do the writ of mandamus. We have been 3 months in AP we already waited almost 13 months to get approved from the USCIS and we never used any Congressman or Senator during the waiting for the i-129. My fiance contacted his Congressman 3 weeks ago we didn't hear anything yet from them we only see two updates last week after almost 3 months with no update.

My passport still with them they didn't ask for any documents or. 

 

Three months in AP is not out of normal parameters by any stretch of the imagination. Period.

 

Just because they filed the petition 18 months ago means nothing as 15 months until interview day is within normal limits, as well. WoM would only force their hand into denying the case because until all background checks have been finished a decision cannot be made.

 

I don't understand why people ask for advice here, argue with said advice and then go on to do with what they intended all along. What's the point of even asking?

[Ben&Zian 4,397]

Definately let us know what happens if you pursue the WoM, but as others noted 3 months AP is nothing really. Some people recently on here were 18+ months in AP and probably wouldn't go to that measure just yet.

[carmel34 3,526]

4 hours ago, Nov2017AD said:

(I'm at 14 months now and suing their incompetent (removed)

So sorry that you are going through this.  That some petitions sail through in a few months and others take ridiculously long is a big red flag that the USCIS operation has some serious problems of management, staffing, and probably more.  Makes me want to throw up and write all senators, congressmen, to do something about this crazy situation.  With all the fees they collect, they can't hire more people?  Open new processing centers?  Use the latest technology?  At least they could adjudicate petitions in the order received!   I'm at 6 months (CR-1) and hearing about waits of 14 months is heartbreaking.  Makes me want to be ready with a plan B if this process drags on, and on, and on.... for no good reason except incompetence.  I hope your lawsuit does something---good luck, we're all rooting for you! 

Edited February 1, 2019 by Ontarkie
edited quoted part