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SY Afghanistan

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Posts posted by SY Afghanistan

    Rit of Mandamus

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    On January 8, 2018 at 5:55 PM, Amhara said:

    I doubt that getting denied a visitor's visa would affect the spousal visa; my guy (fiance at the time) applied and was denied a visitor visa.  That didn't seem to impact our situation.  

     

    What kind of visa is he waiting for approval on?  The spousal visa or a different one, like SIV?

    He is waiting for V92 visa. His case is in AP since October 2015:-(

    Rit of Mandamus

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    On January 20, 2018 at 10:46 AM, jan22 said:

    If i understood you right, this is the scenatio:  Wife (you) sought and received asylum in the US -- which is usually based on fear of government persecution, although yours may have had another reason --  with the husband working for that government now seeking to join you as an asylee in the US.  My guess is that they are looking very carefully at his government work and actions and how that fits in with an asylum claim, which could take a long time. 

     

    As others have said, you might not like the results of the Writ of Mandamus.  If approved, the writ essentially just requires them to take final action on his visa application.  If they do not have all of the background clearances required to issue a visa, the only possible final action would be to deny it.  Once denied, any action you could take (appeal, re-filing, etc) would still ultimately have to clear administrative processing, which would start from the beginning again.   It's hard to wait so long, but it may be better to wait out this one than start over.  

    Yes I prefered to wait than to start all over again.

    Rit of Mandamus

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted · Edited by SY Afghanistan

    On 1/6/2018 at 4:47 PM, Jawaree said:

    Speak to an atty about Mandamus before doing anything....all you can do is now wait and vett oneself like they would...what in life history that could be a red flag

    past memberships in certain org.,military or science background, previous gov worker in that country, have everything been disclosed to uscis.....Obrectively

    go over the case  thinking like an ajudicator

    ,

    He was a gov worker in the country. Also once he applied for a visit visa to the US and he did not get the visa, at the time my asylum was also pending in USA.

    Embassy response to my email

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    7 hours ago, LoveMyTico said:

    That's just saying they want you to stop contacting them. Been there...done that.

    They literally do not care how much your want to see your husband.  Just chill and wait for the answer. It could be tomorrow and it could be a year from now. I'm sure our president has put in place some very strict vetting procedures.  

    Yes true. They really dont care at all.

    Embassy response to my email

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted · Edited by SY Afghanistan

    7 hours ago, carolynhotstuff said:

    I am so sorry that your husband has been in AP for so long with no end in sight.  It took 4 years total before my husband stepped foot on American soil and into my arms. I know first hand how heartbreaking a long AP can be. The email they sent you is a little more personal than the email you would have gotten from the embassy in Pakistan. I wish I could tell you what to do outside of taking them to court. 

    When your husband got the visa what was the process? Did they interview him again? Did you file rit of mandamus or just waited for the embassy to call you. If you share the story here I would really appreciate it.

    Embassy response to my email

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted · Edited by SY Afghanistan

    Embassy's recent reply to my email about my spouse's case in AP for 26 months:

     

    Dear Ms.-------

     

    Thank you for contacting the Consular Section.  We understand how frustrating it must be to continue to hear the same thing from the Embassy.  But alas, there is no change in your husband’s case – it is still undergoing mandatory administrative processing.  We sympathize with your desire to be reunited with your husband.    Please know that as soon as we can proceed with his application, we will immediately notify both of you.

     

    Sincerely,

    Consular Section

    Immigrant Visa Unit/ns

    Filling Writ Mandamus against The Department of State

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    On 2/16/2017 at 9:11 PM, sandiego2013 said:

    My wife and I willing to file a Writ Mandamus at Federal Court in CA against the Department Of State and US Embassy in Egypt to give a decision on our case that been stuck in US Embassy for more than a year with no reason. I guess that's the only way we can get them to whether approve or denied it, otherwise it will be there forever. 
     

    Please I need to know if anyone here in VJ had filed like this of cases.

     

     

    Thanks

     

    Hi. Did you file rit mandamus? How was the experience? What was the result was it positive? I need filing it too so please help me.

    Thanks.

    My husband's case in AP in Kabul Afghanistan

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    On 12/24/2017 at 2:09 PM, Hypnos said:

    By their nature, WoMs filed in immigration matters are extremely rare. They are a last ditch 'hail Mary' move when you've been languishing in the system for years and nothing else (congressional involvement, and contacting the CIS Ombudsman) has done anything. 

     

    A lawyer will charge several thousand dollars to file a WoM. There are guides floating around online written by people who filed pro se (themselves), but it's far from straightforward and should only be attempted if you're extremely comfortable with legal procedures and also completely fluent in English. 

    Thank you. We are looking for a good lawyer and have decided that we will file the rit of mandamus Inshallah. Hope we will get a positive decision from the embassy.

    Rit of Mandamus

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hello everyone around the world. I need your help I want to file rit of Mandamus for my husband's case because its in Administrative Processing for 2 years and couple months now. Its frustrating nothing helps contacting US embassy and my congressman. I tried everything but notjing worked. Some people suggested to file this rit thing. So is there anyone who has filed the rit of mandamus, if yes then how was the experience?

    Please share.

     

    Administrative Processing US Embassy Kabul Afghanistan

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted · Edited by SY Afghanistan

    Our Case

    I came to the US on 24 July 2013 on F1 (Student visa). My DOB is 7 Feb 1992. I got asylum from Afghanistan in 30 April 2015.
     
    Petitioned for my husband (DOB 1 March 1983) in May 2015. His case got approved on 24 July 2015 with USCIS. Got interview letter on 7 October  2015. His interview was scaduled on 18 October 2015 at 7:30 am and Medical Exam on 20 October 2015 which came after his interview.
     
    He went to the embassy at 6:30 am and was interviewed at 4:30 pm. They did not take his passport but told him they need to do further review on his case. And told him that he will soon be with his wife in USA. His case is in Administrative Processing. They changed his date twice in all these 2 years and 2 months period. I contacted the embassy more than twenty times but still they give the same answer each time.
     
    My greencard is still pending because I left the US twice in these two years to meet my family and husband in Pakistan for 170 days each time. So I had to reaplly for greencard in July 2017. I dont know what to do I am really frustrated. I have a 18 month old daughter who is a US citizen. Waiting for her daddy and missing him.
     
    Anyone in the same boat as me please share it with me and if you have any suggestions for me. Did anyone get visa after such a long AP period? If yes were you interviewed again or just you dropped your passport in the Embassy? I am really frustrated it is taking forever.

    I-730

    in US Embassy and Consulate Discussion

    Posted

    Hi we are in the same situation. My and my 18 months old daughter live in USA. My husband's i730 case is in AP since October 18 2015. 2 years and 2 months and no update the date got updated just twice in all these 2 years period. I email the embassy once a month, my congressman contacted them twice but still the same answer. And they do nothing.

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