Hello all,
Brief outline of my K-1 petition.
NOA1 - Jan 2020
NOA2 - Sept 2020
Stuck at NVC Since
Filed Mandamus Lawsuit Jan 2021
So, yesterday in a classic bad news drop move, Friday evening around 5pm one of my lawyers assistants emailed me suggesting we withdraw our mandamus lawsuit, saying a couple of other similar cases have lost, and they want to withdraw and refile in another jurisdiction.
My initial response was changing venues wouldn't change the case law, and it smelled like a delaying tactic, to just keep me in a holding pattern for another 6 months, which by then the backlog is being reduced.
I responded with the need was to challenge the core issue, which is has the state departments actions in the face of COVID-19 been reasonable? If we compare them to other industries, who managed with social distancing, masks, and remote work, are the state department's actions reasonable?
I don't see how changing venues is going to help me, other than to play pure politics with it and see if a red state will rule along these lines, but this is my own idea, and my lawyer won't explain it to me, at least not on the weekend.
Any opinions either way? I told my lawyer he gets paid to fight, win or lose, but not to run. Am I the @sshole?