MO&RA

You will have to hire an attorney to file writ of mandamus.  Its expensive to do so make sure your case is straight forward and you have not lied about anything. If you have been truthful and you have the money, you can file a lawsuit. A lawsuit doesnt garantee a visa issuance, but it forces the embassy to make a decision and work on your file. According to my research and seeing actual court cases, 98% of the time people win the case and their visa is issued. Some people get denied because they lied about something or the consular officer found something wrong with their case. 
 
You should have sufficient proof that you contacted the embassy many times and you have sent congress and senator inquiries. Save all of your emails, it will make ur case stronger. It will show the judge you made a lot if efforts and a lawsuit is ur last resort.
 
Some experianced lawyers who file lawsuits with the state of department and embassy:
 
Jennifer Nimer
Jim Hacking
 
Both have a good win ratio but I personally recommend Jennifer Nimer. Shes more pricey though. If you want to save money go with Jim Hacking.
 
I have not personally filed a lawsuit, but I have done quite a bit research when My husband was in AP. I was thissssss close to filing one. The embassy issued my husband a visa and I did not have to do the lawsuit.
 

I had come across this (see below) a while back from the Department of State. I also figured that it meant it (the new automated system) was a system that would impact everyone but on re-reading it- it does seem to only apply to travel ban cases. Although the document is also specifically about the travel ban so that could be why too. Who knows- but I have been hearing about some Iranians (including a dear friend of mine) finally getting their visas in July- so hopefully we will all hear good news soon. I specifically wrote to my embassy last month and quoted the below information but they did not answer my question. This month I emailed them and sent the passage of the email from the Kuala Lumpur Embassy and asked if they had moved to the automated system too- we will see if they actually answer my question this time or not (not holding my breath). 
 
From the Department of State:
At the time PP 9645 came into effect, the Department of State determined that, until an automated enhanced screening and vetting process could be put into place, applicants for visas subject to PP 9645 who are being considered for a waiver under Section 3(c) of the Proclamation should undergo a post-interview interagency security review to resolve whether their entry would not pose a threat to the national security or public safety. At present, much of the enhanced screening and vetting process is manual. Currently, there are more than 12,000 PP 9645 cases undergoing this review as part of consideration for a waiver under the Proclamation. Meanwhile, since the March 6, 2017 memorandum, the Department has been diligently working with interagency partners to strengthen the automated screening and vetting process. We currently envision a procedure for PP 9645 cases that will include enhanced automated front-end (pre-interview) screening to determine whether any additional review is required related to determine whether the applicant has satisfied the national security and public safety waiver criterion. When fully operational later this fiscal year, the new automated system should significantly increase the speed and efficiency of the vetting process for both current and future waiver cases while maintaining all security standards.
From: https://travel.state.gov/content/dam/visas/presidentialproclamation/Combined%20-%20Report%20on%20Implementation%20of%20PP%209645%20December%2007%202017%20to%20March%2031%202019.pdf

@Yamen, yes I spoke with Curtis today... We're going to join it also    I made family #4, so just 1 more needed.

i start to believe our case at someone desks with a punch of doughnuts and extra sugar and cream  ..... 

This confirms what I have been saying all along. If you dont qualify for a waiver, you will be informed on the spot. If you are put in AP, you have already qualified for Undue Hardship + National Interest. National Security is the part of the waiver that happens at the DOS that takes forever. This is why there is no need for waiver letters for spouses of USCs. Every one who is interviewing is getting put into AP, as we have seen with folks on this thread, with or without waiver letters.

Basically the govt is saying that since they have issued 3000 waivers, and 12000 more are pending, they have implemented a waiver system in good faith. They are arguing the proclamation does not impose any timeframe on the waiver, so they can take as long as they want to, and on basis of that they are asking the judge to dismiss the case. Not sure if the judge will. Next update is july 11th for the case management conference.  God knows. 
 
I am afraid emami vs neilsen is approaching this the wrong way by claiming that the waiver process is sham. Its not. Its just unreasonably long, and the APA explicitly puts the definition of "reasonable" in the hands of the judiciary. We know that the DOS can complete the security checks within 60 days if the prioritize the case. They either need to hire more people, or automate the process. It does not take 2 years to verify someone. Vast majority of the time your file is just sitting on someones desk waiting to be picked up. Same like it takes 8 months for your I-130 - it does not take them 8 months of work, its just you are in a queue. 
 
Emami vs neilsen is also very broad. This ban has acutely impacted a very small subsection of people. Sure, its an inconvenience to not see your brother or sister or parent or visit the usa - but its a travesty if you cannot be with your spouse/kids or marry your fiance. If there was a lawsuit that focused on this small sub group I would think it would change the definition of "reasonable" in the eyes of the judiciary.
 
Finally, even within the spousal numbers, Iran gets it worst, as the number show below. At this rate, no one is getting a visa from iran in less than 1.5 years to 2 years AFTER interview.
Iran CR1 9 268 3.25% Iran IR1 10 376 2.59% Somalia CR1 29 184 13.62% Somalia IR1 78 381 16.99% Syria CR1 11 97 10.19% Syria IR1 27 121 18.24% Yemen CR1 35 147 19.23% Yemen IR1 402 1,686 19.25%  
 

that seems a good sign how long have u been in administrative processing  i hope you get a visa atleast we will be happy for someone who has been through this struggle

If anyone knows the lawyers in the case (emami vs neilsen) - can we please have them request clarification from the Department of State as to why is it taking 
The numbers for iran are absolutely dismal:
 
Country Visa Categroy Issuances Pending Percent Issued Iran CR1 7 268 2.55% Iran IR1 8 376 2.08% Somalia CR1 22 184 10.68% Somalia IR1 41 381 9.72% Syria CR1 6 97 5.83% Syria IR1 19 121 13.57% Yemen CR1 34 147 18.78% Yemen IR1 400 1,686 19.18%

My email to the embassy: 
Dear Sir/Madam,
    My husband and I wanted to check about his case status (Case Number: ...) and find out how his administrative processing is going. We have seen 7 status updates since his status changed to Administrative Processing and we are anxious to know where he is in the process and the estimated time to receive good news. As we mentioned in our recent interview with CNN the unknowns of this process are so challenging. We pray that you will be able to provide answers and good news soon that we can finally live together permanently as husband and wife and be able to start our family.    
Thank you for your time and consideration in this matter.
Sincerely,
Jessica
 
Their response: 
 
Dear Mrs. B:
 
Your husband´s immigrant visa application is still undergoing administrative processing. We don’t know when this processing will be complete, but we will contact you as soon as we can proceed with his application. There is additional information about administrative processing at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html.  You are welcome to contact us any time for an update.
 
Sincerely,
 
Immigrant Visa Unit
 
**On a side note- I was happy that it at least seemed friendly and some what personal (not as generic as some I have seen). I was also surprised that they said I can contact them any time (I secretly thought- I wonder if they know what they are getting themselves into...j/k I plan to email them every 2 months). The link had virtually no information- just says to give them 6 months to make a decision... Just wanted to share my experience. 

Same situation as @MO&RA - my fiancé is a Norwegian citizen, but born in Iran - AP for 8 months now. Here's to hoping we all get through this soon.

Just read the case documents here: https://www.pacermonitor.com/public/case/23929206/Emami_v_Nielsen_et_al
 
The government is asking for more time - 3 more weeks. They say the DOS will be releasing a lot more statistics regarding waivers in the next 3 weeks. 
 
Hopefully that should shed some light.

Unfortunately, it is true for most countries, except Yemen. I see more numbers for Yemenis! 
 
GOOOSH, I cannot wait for this nightmare to end. My wife and I are in utter depression   We cannot function man! 

If you follow news, this could be the biggest hurdle coming if it goes into effect 
 
https://www.google.com/amp/s/www.forbes.com/sites/stuartanderson/2019/05/16/trump-immigration-plan-may-throw-4-million-people-off-immigrant-waiting-lists/amp/

https://www.forbes.com/sites/stuartanderson/2019/05/16/trump-immigration-plan-may-throw-4-million-people-off-immigrant-waiting-lists/amp/?fbclid=IwAR3Iw0kNSe_iNvqKOXX-1El8_KG6WInoBf4ropeiY8BN3l22JwQD5cl-kEk
will we even get the visa >????  

I didn't either- I just have been trying to reach out and participate in different groups who are fighting against the travel ban and that is how I got connected. It was actually through making an in-it video that got me the interview. I know it can be scary and intimidating to share your story- but things are not going to change until we make our voices heard. I hope that the CNN story will help all of us- in helping to keep the travel ban and what it is doing to families in the public's attention. 

39 days since submission of second medical...no word yet.. 
What's going on? 
Y'Allah please please help us. This is a traumatic experience which we will never forget.

This is the continuation thread for
https://www.visajourney.com/forums/topic/637938-form-ds-5535-supplemental-questions-for-visa-applicants/
which has been closed because of its large size.
-------
Personal note:  I'm finished with this infernal immigration process, but I remember the trauma of it clearly.  I sincerely hope for rapid progress in your case.  Even if I don't respond openly, I cheer loudly at each announcement of success.

One thing that gives me hope is the time it took for Yemenis in djibouti is down from over a year to just a few days now. We always knew Yemenis in djibouti are explicitly listed in the guidance for department of state as a priority. So they are taking out that backlog first, and now that we are seeing them processed within weeks (if not days), may be they are catching up wiht the rest? Who knows.
 
Or maybe since there are multiple court cases that recently they were unable to get dismissed, maybe they are trying to solidify their position when these cases eventually get to the supreme court. 
 
Bottom line, fact remains that if the DOS decides to prioritize spouses and kids (like they do with yemenis in djibouti) It is possible for them to implement this ban in a humane way. 

Agreed and rightfully so too; We are only a single digit percentage of it all. Asylum, Refugees, Border, DV and the rest have priority over us. Reality should be that Spouses and Children of USC s must be prioritized, but it is not the case at all and it does not seem like things will change, at least not until 2020 and only if a "Fair" leader takes control and treat us fairly. Common sense suggests Spouses and Children must have faster routes, keep the Extreme Vetting, but just do it within one year. Just tell us something here. Something to work with as in planning a life, maybe?
 
 

Out of the 245 pages, how many received Visas after Ap?
What can be the cause of waits reaching 2 years now?
Any solution ideas besides prayers?
I have only been waiting for four months, but it is crushing to know 
that even after 2 years people are still waiting. Waiting for what? Honestly.
Will the 2 years turn to 3 and 4? My wife and I are stuck, exhausted and hopeless  

You know, the part that sucks the most is the uncertainty. If they just said - AP will take 1.5 yrs - I'd be OK with it. I would be sad, but it would be bearable. Today, if you are a green card holder, you have to wait a bit longer than if you were a USC to get your spouse here. If you endup in Nebraska instead of Vermont for I-130, it takes longer. Just luck. Life give you lemons you make lemonade. But the problem with this lunacy is that it is a freaking blackhole. I just wish AP was allocated a well defined, reasonable, time frame like every other step in the process. I am all for National security - but it has to be fair. I wish Senator Chris Van Hollen could request the DOS to get this data out like he has with a lot of other data.

The other part that is absolutely insane is that they have banned IR's but F1s are fine. I suspect the universities have a strong lobby that stood to lose a lot of money from the F1 piggy bank and it got an exception added.  So If I were an international student on an F1, my iranian spouse would have been here in no time. But as a US citizen, I have to wait until god knows how long. Is it some how possible to easily vet F2 spouses but not USC spouses? I dont know why the lawsuits are not focusing on this aspect. If the DOS can vet spouses of F1 students without AP, why not spouses of USC's? 99% of the american public does not care. They dont even know this part. I wish media covered this angle more to expose how stupid this whole drama is. So much pain for no discernible benefit. 
 

Hi everyone, I hope you all are ok. This situation is really tough. I am going thru a very rough time. I am now taking therapy as I am dealing with depression caused by this horrendous situation. I hope everyone find peace and comfort in their hearts.  And for those who can be with their love ones, enjoy each minute to the most. I wish the best to each one of you!! 

15 Months and nothing yet!  

Friendly reminder.... do NOT tell other members not to post or to keep opinions to themselves. This is an open forum and unless it is threatening, explicit, or derogatory, everyone is free to posts their advice, thoughts, or opinions.
 
First warning. 
 
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