Wife's case stuck in AP for more than a year

[GP1977 288]

10 hours ago, geowrian said:

A WoM right now would be especially useless. Routine visa processing is suspended. If there are background checks being conducted or need to be conducted, those are likely delayed as well.
All DOS would have to say is there is reduced staff + health concerns and worldwide delays due to the pandemic.

If one were to even consider trying that path, at least wait until routine visa services have resumed.

Possibly so at the moment.  However, my point of my post was to correct the inaccurate statement made my @Jorgedigthat attorney's cannot speed up AP in any way.  This is a completely false and inaccurate statement and I didn't want future readers of this thread to be mislead by the inaccurate statement made by this poster.  A WOM is a powerful tool for cases that have been in AP for an extended period.

 

It can be used against USCIS too if they haven't made a decision on a case.  Jim recently had a case where USCIS hadn't made a decision on a naturaliziation case.  He filed a WOM, the judge granted it and  USCIS  had to do a private naturalization ceremony for his client during the pandemic. Just for 1 person.  Its powerful.

 

Edited June 13, 2020 by GP1977

[Villanelle 4,123]

3 hours ago, GP1977 said:

Possibly so at the moment.  However, my point of my post was to correct the inaccurate statement made my @Jorgedigthat attorney's cannot speed up AP in any way.  This is a completely false and inaccurate statement and I didn't want future readers of this thread to be mislead by the inaccurate statement made by this poster.  A WOM is a powerful tool for cases that have been in AP for an extended period.

 

It can be used against USCIS too if they haven't made a decision on a case.  Jim recently had a case where USCIS hadn't made a decision on a naturaliziation case.  He filed a WOM, the judge granted it and  USCIS  had to do a private naturalization ceremony for his client during the pandemic. Just for 1 person.  Its powerful.

 

Oh dear. You seem to understand based on your previous post where you said 

Quote

It is true that lawyers cannot influence decisions on visa applications or background checks in any way.  

you then go on to say- 

Quote

However, they can 100% absolutely can speed up the AP process if the case has been stuck in AP for an extended period of time by filing a Writ of Mandamus.

which is incorrect. They are not 'speeding up the AP process'. The WOM forces them to make a decision on the case (which you acknowledge may not be favorable). They make a decision with incomplete AP process - hence it possibly being unfavorable. So I guess one could argue the WOM can speed up the process of the case (not the AP process) because the WOM does not force them to complete AP. Do not present it as they are completing AP because they are not. They are completing the case with the information they have. 

 

Its a risky strategy to encourage. If the AP is being held up by a minor name check issue (ex a similar sounding name being mentioned once  in an obscure file in a minor way and all the other AP inquires were cleared) then its more likely for the WOM to be successful. However its impossible to know what the AP issue that is holding it up. It may not be a minor obscure case they need to clear you of. 

[GP1977 288]

16 minutes ago, Villanelle said:

 

which is incorrect. They are not 'speeding up the AP process'. The WOM forces them to make a decision on the case (which you acknowledge may not be favorable). They make a decision with incomplete AP process - hence it possibly being unfavorable. So I guess one could argue the WOM can speed up the process of the case (not the AP process) because the WOM does not force them to complete AP. Do not present it as they are completing AP because they are not. They are completing the case with the information they have. 

 

 

you are playing semantics.  I stand by my statement.  They can 100% absolutely speed up the AP process in certain situations.  If the case is sitting on the shelf (and there are instances where people are in AP for years) and if the judge feels the length of time is unreasonable,  the WOM will force the DOS to make a decision and that will speed up the AP process.    

 

You know what happens usually when a WOM if filed?  The DOS usually writes back to the attorney and says, "hey we just need to do 1 or 2 more things,  Can you give us 30 or 60 days"   THe WOM usually gets things in motion if its been sitting on the shelf for an extended period of time.  I would guess that many times when you have a case which has been in AP for years, the DOS is done all of there checks, and for whatever reason they put it on the shelf and just dont make a decision.  A WOM is very powerful in this instance.

 

 

 

Edited June 13, 2020 by GP1977