Writ of mandamus from a country under Travel ban

[LeoUSA 57]

Hello everyone,

 

I am a Syrian applicant, my case has been under AP for 8 months now.

I contact the embassy on monthly basis and all I get is a automatic response with the same words every time.

I am thinking of filing a lawsuit but I am scared from the outcome,

I have heard of some cases getting approved after filing a lawsuit (Iranian citizens). Does anyone have a background about this??

 

Thank you

[Ben&Zian 4,397]

You can try but trying to sue an embassy for doing what they are supposed to be doing is kind of hard to do. Usually if pressed your case will end up just being denied and it's done with. AP is open ended. Some people spend 1-2 years in AP doing background/security checks and trying to get their information verified, and these are people not even on the "travel ban" list. Plus, suing over a "travel ban" that the US supreme court upheld as lawful, pretty tough to do, but definitely can spend the money to try, a lot of lawyers would love to get paid a ton for something they know they won't win.

[LeoUSA 57]

5 minutes ago, Ben&Zian said:

You can try but trying to sue an embassy for doing what they are supposed to be doing is kind of hard to do. Usually if pressed your case will end up just being denied and it's done with. AP is open ended. Some people spend 1-2 years in AP doing background/security checks and trying to get their information verified, and these are people not even on the "travel ban" list. Plus, suing over a "travel ban" that the US supreme court upheld as lawful, pretty tough to do, but definitely can spend the money to try, a lot of lawyers would love to get paid a ton for something they know they won't win.

My case is under AP, I was told by the embassy it would take 4 months. I even saw cases from travel ban countries getting a visa after 4 months.

I just don't understand why 8 months are not enough to finish a God damn case!! 

[Ben&Zian 4,397]

Again some people sit for 1-2 years. In reality, the travel ban has had 1 or 2 countries removed because those countries did the necessary things asked for in sense of records and improving their security measures. Hardest thing for the US is verifying records and information from certain countries about people because they have no system or won't release the information. Hence, people sit in AP for a long long time. 

[Hypnos 6,576]

No one can tell you how long AP will last, not even the embassy. Any time periods told to you are simply guesses.

 

I can't imagine a WoM would work out for you in the current political climate, but if you want to try I would certainly consult with a lawyer experienced in such actions first and see what they say before deciding to proceed. It won't be cheap.

[nastra30 1,968]

You can try the lawsuit if you desire. Note that the lawsuit only forces the embassy to make a decision; it DOESN'T force them to approve your visa. Therefore, it can go in your favor or go against you; it's a risk so you should think hard before pursuing it.

Also, I have heard cases where it has taken the embassy more a year for their visas to be issued. All the best.

[Muhammad&Mansory 117]

let me know what you decide. I've been thinking about the same thing lately because my wife is on AP for 8 months too  

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion.

[Paul & Mallory 1,398]

On ‎2‎/‎21‎/‎2019 at 4:06 AM, Amr8 said:

My case is under AP, I was told by the embassy it would take 4 months. I even saw cases from travel ban countries getting a visa after 4 months.

I just don't understand why 8 months are not enough to finish a God damn case!! 

Why? Because there are thousands upon thousands of cases being reviewed just like yours. I understand it's frustrating, but the average wait time can sometimes be upwards of 1-2 years, even for people not from countries on the travel ban list. No one can tell you for sure how long a case will take under AP, not even the embassy - any advise given to that effect is merely an estimate or opinion, unfortunately.

 

As others have said, you can certainly move forward with what you are considering, but I would consider it a last resort, if it were me, as it does come with its own risks.

 

Hang in there.

[Muhammad&Mansory 117]

49 minutes ago, Paul & Mallory said:

Why? Because there are thousands upon thousands of cases being reviewed just like yours. I understand it's frustrating, but the average wait time can sometimes be upwards of 1-2 years, even for people not from countries on the travel ban list. No one can tell you for sure how long a case will take under AP, not even the embassy - any advise given to that effect is merely an estimate or opinion, unfortunately.

 

As others have said, you can certainly move forward with what you are considering, but I would consider it a last resort, if it were me, as it does come with its own risks.

 

Hang in there.

For cases from countries that are not under the ban, they do not automatically go under AP. A lot of cases get approved right after the interview and a few go under AP for some several reasons(and sometimes for no reason). So I do not think it is a completely bad idea to think about this option; but you are right, there are risks that come with it due to the unclarity and due to the fact that noone has followed this route(as far as I know)! 

[Paul & Mallory 1,398]

18 minutes ago, Muhammadsheikhale said:

For cases from countries that are not under the ban, they do not automatically go under AP. A lot of cases get approved right after the interview and a few go under AP for some several reasons(and sometimes for no reason). So I do not think it is a completely bad idea to think about this option; but you are right, there are risks that come with it due to the unclarity and due to the fact that noone has followed this route(as far as I know)! 

Didn't say it was a bad idea, just that there are risks I feel are worth considering.  

[pooch1986 19]

On 2/21/2019 at 3:49 AM, Amr8 said:

Hello everyone,

 

I am a Syrian applicant, my case has been under AP for 8 months now.

I contact the embassy on monthly basis and all I get is a automatic response with the same words every time.

I am thinking of filing a lawsuit but I am scared from the outcome,

I have heard of some cases getting approved after filing a lawsuit (Iranian citizens). Does anyone have a background about this??

 

Thank you

Hi,

 

I read a lot of misinformation about your question so felt obligated to comment. I spoke to 6 attorneys who have done this and recommend it. And many who have not done it, and admitted they don't know enough to comment.

 

1- Writ of mandamus CAN be filed for abnormal admin processing delays. Abnormal > 6 months. It does NOT matter if it is usual (frequent among applicants), it is simply in an absolute sense too long.

2- They will NOT reject you if they are not done with SAO. They HAVE TO expedite it.

3- They cannot reject you for arbitrary reasons.

4- Even if you are rejected, consular non-reviewability is BS and really does not apply to family-based immigrant visas.

 

I hope you have filed and have your visa at hand. I'm filing soon.

Cheers

[Muhammad&Mansory 117]

3 minutes ago, pooch1986 said:

Hi,

 

I read a lot of misinformation about your question so felt obligated to comment. I spoke to 6 attorneys who have done this and recommend it. And many who have not done it, and admitted they don't know enough to comment.

 

1- Writ of mandamus CAN be filed for abnormal admin processing delays. Abnormal > 6 months. It does NOT matter if it is usual (frequent among applicants), it is simply in an absolute sense too long.

2- They will NOT reject you if they are not done with SAO. They HAVE TO expedite it.

3- They cannot reject you for arbitrary reasons.

4- Even if you are rejected, consular non-reviewability is BS and really does not apply to family-based immigrant visas.

 

I hope you have filed and have your visa at hand. I'm filing soon.

Cheers

The attorneys you talked to worked cases from countries included in the travel ban? 

 

are you or your spouse from one of the seven countries in the travel ban? 

[pooch1986 19]

5 minutes ago, Muhammad&Mansory said:

The attorneys you talked to worked cases from countries included in the travel ban? 

 

are you or your spouse from one of the seven countries in the travel ban? 

Yep! Yemen, Syria, Iran, etc.

They all admit on paper the travel ban can be used as a ground of inadmissibility to deny a case, but it did not happen to their clients. I am from a country on the list. 9 months in ap and counting. Filing writ soon.

[Boiler 43,401]

7 minutes ago, pooch1986 said:

Hi,

 

I read a lot of misinformation about your question so felt obligated to comment. I spoke to 6 attorneys who have done this and recommend it. And many who have not done it, and admitted they don't know enough to comment.

 

1- Writ of mandamus CAN be filed for abnormal admin processing delays. Abnormal > 6 months. It does NOT matter if it is usual (frequent among applicants), it is simply in an absolute sense too long.

2- They will NOT reject you if they are not done with SAO. They HAVE TO expedite it.

3- They cannot reject you for arbitrary reasons.

4- Even if you are rejected, consular non-reviewability is BS and really does not apply to family-based immigrant visas.

 

I hope you have filed and have your visa at hand. I'm filing soon.

Cheers

We do see very few WoM's  that have been successful, sadly many Lawyers seem more interested in their fees, would I know be helpful to others if you could provide details of your case.