US Immigration from Russia

Hello all!

I was wondering if anyone is in AP or Administrative processing at the moment?

Me and my fiance applied for a K1 visa a while ago. After her interview in Poland in 12/2022, they have put her case into AP. It has been around 5 months now and still waiting.

Has anyone gone through AP recently? How long has it taken you? Any help or advice you can give please?

Thanks!

What is a Mandamus ?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of)

Here is the basic essence of wom process :

Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.

The complaint will need the following information

1) Nature of the Complaint:

You can write the complaint in simple English using the above template document and asking for something like below :

Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751) with receipt number WAC21900XXXX and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.

2) Second part is jurisdiction in the compliant .

You can says that the court has jurisdiction cause you live there as per 8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district you reside if the defendant is a United States officer

3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)

So most complaints don t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say hey we won t need a trial but we can get you a decision on your case in. 90/120/150 days

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Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below

You talk about the i-131/i-485/i-751 Petition you filed . You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1) you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case .

Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition

To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12) and failed to adjudicate your case as set by Congress.

4) Last part of the complaint is relief

This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end

That is the end of complaint and your mandamus (Writ of Mandamus)

It should be about 4-5 pages max

5) Attachments

You attach a print out of your i-131/485/751 receipt, green card( if applicable) , USCIS processing time print out from USCIS.gov website

Along with complaint you need the following

1) civil cover sheet

2) summons

Here is a

link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )

link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )

Step 2: Filing the complaint with court:

Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court

Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons

Make a check for 402$ for filing fee

Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions

So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant.

Step 3 Serving the Complaint to defendants (USCIS/DHS) :

So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court

So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court

Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC

Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers

Address for US attorney can be obtained by calling your local us attorney office

USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485

Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001

So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS

The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate.

I m going to do a multi-part post here documenting the journey it s been for my wife and I to get her CR-1 visa. Long story short the process was actually relatively painless and straightforward, taking just under 11 months from first application to her entry into the US. You can see on my timeline the various dates, so I won t repost everything, but please feel free to direct message/reply to this post if you have any questions about it.

So, the couple parts of the journey I ll discuss are:

• Application to USCIS
• NVC review and interview scheduling
• Medical
• Interview attendance in Almaty
• Passport Pickup
• Entry to the US

Hello!

I am a US citizen filing for my father, who is Russian citizen located in Russia.

One of the questions:

At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?

I know that US Embassy is closed for public and does not process visitor and immigrant visas, so as far as know all cases are being redirected to Warsaw Embassy, Poland. However, the system would let me put Russia, Moscow as my Embassy of choice. Do I put Moscow or Warsaw?

Thanks a lot!

Several months ago, I added my foreign fianc e as an authorized user on one of my credit cards.

The intent was for her to have access to money during the interview process as well as to prove to airlines that she does indeed have a card that tickets are bought with.

Fast-forward to now...

The bank reported to a credit agency that someone else "lives" with me.

That agency reported to my car insurance company that there is an "extra" driver.

The car insurance:

- served me with a bill, as my fianc e is now showing as residing with me despite living 8,000 miles away

- served me with a non-renewal notice, as I had exposed them to unnecessary risks

Yes, it is that archaic for companies not to realize in 2023 that:

- not every family is limited to one set of four walls

- not every adult will drive

But, as Russians say, translated, that's how it is.

Be safe, and be careful folks...