admininistrative Writ of Mandamus

[Truekahn 8]

Hi,

 

My sister had her interview with her family in Oct 2019 and right after the interview they called my sister and told her that Embassy is ready to issue visas to my sister and kids but not her husband as it requires more time but sister declined and wanted her husband to be included in their visas and they put their case on administrative processing, we sent out many messages to Embassy but they gave us the same answer (administrative processing) and its been more than 3 years since interview and when we contacted the Senator, we got a message from Embassy to give them 30 days and then to follow up and after 30 days they gave another message of administrative processing, is this a good time to file Writ of Mandamus? Thank you. 

[iwannaplay54 985]

I believe it’s time.  That’s a ridiculous delay.

[Mike E 11,740]

WoM is just going force a no. 
 

How old are the kids?

 

Who is the petitioner?

 

Had your sister accepted her visa she would have had 2 more years today to file for citizenship 

 

As a U.S. citizen your sister would have standing to force a yes. 

Edited December 29, 2022 by Mike E

[Truekahn 8]

3 minutes ago, iwannaplay54 said:

I believe it’s time.  That’s a ridiculous delay.

Thank you for the message, Yes Its been a long time since she had her interview and when she had another baby they went for another interview and Embassy told them to redo another medical for the whole family and then again refused the visa, if you are not going to issue visa why would you tell them to redo medical as it cost money and time, you could have just told them to do medical for baby only. 

[Truekahn 8]

Just now, Mike E said:

WoM is just going force a no. 
 

How old are the kids?

 

Who is the petitioner?

Kids are 14, 5, and 1. 
 

I am the petitioner. 

[Mike E 11,740]

7 minutes ago, Truekahn said:

Kids are 14, 5, and 1. 
 

I am the petitioner. 

For the sake of the 14 year old it is time for your sister to consider the greater good and accept her visa and those for her children. 
 

Had your sister accepted her visa 3 years ago she would have had 2 more years today to file for citizenship.  And the 24 year old would be on glide path to citizenship 

 

As a U.S. citizen your sister would have standing to force a yes. 

Edited December 29, 2022 by Mike E

[Truekahn 8]

Just now, Mike E said:

For the sake of the 14 year old it is time for your sister to consider the greater good and accept her visa and those for her children. 
 

 

Had your sister accepted her visa 3 years ago she would have had 2 more years today to file for citizenship 

 

As a U.S. citizen your sister would have standing to force a yes. 

Thank you for the message, I will take your advice and will talk to her about that. Thank you so much for your time. 

[Mike E 11,740]

As you are a U.S. citizen it is possible you have standing to force a yes but I am not sure if that applies to derivative. The case law on this is relatively new. 

[Truekahn 8]

Just now, Mike E said:

As you are a U.S. citizen it is possible you have standing to force a yes but I am not sure if that applies to derivative. The case law on this is relatively new. 

Yes I am, I filed to my 3 sisters and 2 brothers back in 2003 and all of them came to US 3 years ago but unfortunately she is the only one who got stuck. 

[Truekahn 8]

18 minutes ago, Mike E said:

As you are a U.S. citizen it is possible you have standing to force a yes but I am not sure if that applies to derivative. The case law on this is relatively new. 

I did an evaluation with lawyer and he told me that I should file a Writ of Mandamus but I am not sure if we should go this route. 

[Mike E 11,740]

4 minutes ago, Truekahn said:

I did an evaluation with lawyer and he told me that I should file a Writ of Mandamus but I am not sure if we should go this route. 

Ask the lawyer  about https://www.visajourney.com/forums/topic/790602-9th-circuit-rules-us-citizens-can-challenge-doctrine-of-consular-non-reviewability/  and whether this now gives you standing to do something better than WoM

 

If the lawyer hasn’t heard of this case then that rules out using that lawyer.  

 

[Truekahn 8]

3 minutes ago, Mike E said:

Ask the lawyer  about https://www.visajourney.com/forums/topic/790602-9th-circuit-rules-us-citizens-can-challenge-doctrine-of-consular-non-reviewability/  and whether this now gives you standing to do something better than WoM

 

If the lawyer hasn’t heard of this case then that rules out using that lawyer.  

 

Thank you so much for this and I appreciated your responses to this thread, I heard from VisaJourney previous threads that Jim Hacking might be the guy I should contact if I am not incorrect on spelling his law firm name. 

[Mike E 11,740]

Hacking has a daily call in dhow on YouTube and it can’t hurt to call him. Post here when your appearance on his show is posted. 

[Truekahn 8]

Just now, Mike E said:

Hacking has a daily call in dhow on YouTube and it can’t hurt to call him. Post here when your appearance on his show is posted. 

I will certainly do that, Thank you and Happy New Year. 

[Siarg 72]

Would recommend PIC Law, and filing the WoM.  The person that said it would force a “no” is incorrect. The only reason there would be at forced no is if there is a lawful ground to deny the visa such as your husband having a criminal background, etc. 

They can’t deny a visa because they didn’t complete a background check in 3 years, there has to be a lawful reason that is disclosed to deny a visa which is written out clearly in 9FAM. 
 

It also would have been a better situation if you had accepted the visas, immigrated and then filed WoM. As also mentioned above because you have citizen relatives that is helpful. 
 

I went with PIC law to file my WoM for Diversity Visa and also did a Temporary Restraining Order (TRO) because we needed an answer ASAP towards the end of the deadline for our visa. This forced our visas to be approved and mailed in a week. 
 

Speak to Chris or Alex at PIC and they will be able to tell you your options. 
 

I had started a lawsuit with another firm that churns out WoM and after months with nothing happening and a court transfer, I fired them and went with Chris.