Rosepetal3333
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Posts posted by Rosepetal3333
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Hi everyone I would like to share my husband's visa story.
My husband was interviewed in Sept 2018 for his visa. The interview went great, CO was nice. She said she needs more time to process the case and give him 221g slip with administrative processing. Then the next day he got an email with questionnaire
6 months went by with no progess on the case. I talked with different lawyers that had experience in WOMs. I finally decided to go for a WOM after 6 months. I even payed the lawyer 50 percent of the fees to start the procedure. In between the time period I had sent a 2nd congressional inquiry in which I had not received a response for a week( isb embassy responds pretty fast to congress inquiries). So I got even more worried that they didnt even reply to the congresswoman. But literally one day after I paid the lawyer for a WOM, I got a respond from the congresswoman that the embassy replied and they are requesting for a medical. It was so weird. And btw I only paid the lawyer the WOM fees he didnt do anything on my case yet nor did he make any communication with the embassy. The embassy just decided to move my husband's case on its own. I was in shock and couldn't believe it. Exactly 2 weeks of submitting medical, my husband's visa was "issued".
So everyone, keep sending congress or senator inquiries. It helps. And for those who have been waiting for a really long time, just do a WOM. There is ntg to be afraid of if you have a valid case. Keeping you all in my prayers. Those 6 months felt like forever. I completely understand your pain.
- Le212 and NilsaNAnil
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On 10/7/2019 at 11:37 AM, Syeda Hassan said:
I have 1st update today after submitting additional documents on 11th sep..
You should send an inquiry to Islamabad Embassy from their website and tell them what documents you submitted. Dont ask for a status or anything. Just say as per instruction I submitted the following documents. Please confirm they were received.
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On 9/20/2019 at 9:52 PM, Roor.M said:
At your own risk. That's so not recommended. The AP could actually be ongoing and they're not delaying anything for no reason.
It is when things are taking more time out of the ordinary that you will have the writ of mandamus work for you!!
6 months waiting is out of the ordinary time frame......i have seen people file lawsuits and win after waiting 6 months.
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On 9/20/2019 at 5:51 PM, Jorgedig said:
No, it does not. A writ forces a yes/no decision to be made. If the data from the background checks is inadequate to approve, the default decision will be a denial.
This is not true. This is the kind of misinformation that keeps people away from their basic right to file a lawsuit. I have seen this "your case will get denied if security checks are still pending" on visa journey so many times. And this is not true. A lawsuit forces the embassy to complete their work. It doesnt matter where the case is at. If its pending security checks then this lawsuit makes them complete that security check. They will never deny you because something is "pending". They will only deny you if they find something bad in that security check or your case overall. A lawsuit will never "cause" a case to get denied. Only a finding that is not in your favor will get you denied. A lawsuit only speeds up your visa process. That is the whole point of the lawsuit.
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Guys to file a writ of Mandamus 6 months in AP is enough. You just have to show the judge you tried everything from self inquiries to congress/senator inquiries. 6 months is plenty!
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1 hour ago, Cashorino said:
Is that for real? I called them up once and they just told me that they can't view my case and it is up to the embassy now and I would have to call them. She didn't give me any information at all. How can I make sure the next time I call the NVC they will actually look into my file?
It worked for me both times I called. I didnt inquire about thr status of my case. I just inquired if the embassy received the 2nd medical. If you ask the status of ur case they will just say its in AP bla bla bla.
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1 hour ago, Zeeshan ch said:
I contacted with congressman i got this reply can you plz tell me about how to file law suit and whats the procedure of that to whom i my contact?
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.
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13 minutes ago, Zeeshan ch said:
Thanks got it
You should keep sending a congress or senator inquiry every 2 months. Your at 14 months, you can file a lawsuit.
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6 minutes ago, Zeeshan ch said:
My case is in AP from last 14 months lastly I submitted documents on 8-may-2019 after that only 1 update on 2 august can i call NVC and ask about my case they embassy didn't review they case till now after submitting documents?
If your case is in AP, and u havent been asked to submit medical, then NVC will just say your case is in AP. This is only for people who have progress on their case and have been asked to submit something like medical.
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1 hour ago, Munazza said:
Oh really .. I didnt know about this .. Can you tell the NVC number .. If i call tomorrow as the embassy is closed for Eid and 14th August, still they can tell me the date embassy received medical ??
Phone number is 603-334-0700
The NVC (national visa center) is located in USA so they wont be off on Eid. You can call them. After my husband submitted his medical, his case updated 2 times. The first time I called, NVC, I asked if my husbands medical was received. I also asked why my case updated (that guided her toward the right direction since whenever the case updates, the consular officer documents notes in CEAC)
The lady was nice and she told me the date the medical was received and that is why my case updated.
The second time my case updated I called again and the first person that picked up didnt give me any info. It really depends who you reach. I decided to call again and got a different person. That person was nice. I asked about why my case updated and he said its says in "case under final adjudication".
This led me to beleive that whenever your case updates, the consular officer documents something in CEAC and workers at NVC can read it. You just hve to talk to a nice person who will give you a little info. Good luck, let us know if it works for u too.
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3 hours ago, MZe said:
Has anyone who resubmitted medical upon embassy request have had luck in getting a visa? Trying to understand a fair estimate of timeline.
The Isb embassy asked for my husband's medical and it took approximately 2 weeks for his visa to get issued. You can call NVC to confirm if the consular section received the medical. I called them and they told me the exact date embassy received the medical. They even have access to consular notes.
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On 8/2/2019 at 8:38 AM, Zaib212 said:
AOA. i hope everyone are doing well and healthy. Does anyone got any visa recently or received any response from Embassy. My Parents case has been under AP since June 2017 and still no update. i am so tired of this waiting, and i give up.
You should really go for a lawsuit. Its been more than 2 years thats ridiculous. Wish you all the best. If you need any info you can PM me. I havent personally done a lawsuit but I know a lot of info about it.
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45 minutes ago, deab said:
Are you currently working with her? If so, can you share your experience so far? Do you feel that $6,000 is an exorbitant amount to ask for this service when there is no guarantee of approval?
No, im not working with her and I have never used her services for a lawsuit. I just know this because I consulted her and talked to her over the phone. I also did a lot of research on this topic to see the outcomes and came to a conclusion that there are more chances of winning than losing. I was just thinking about filing a WOM but ended up not needing it. My husband's case was in AP for 7 months and got resolved on its own. The reason why Im sharing this info and emphasizing a WOM on this website is to help people in need of it and educate people about their rights.
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3 hours ago, Ahmed&Freda said:
I reached out to the attorney above but no response yet. Any attorney will be glad to help you. I've been quoted 3500 to 6500 for their help with filing. The ones who have had a successful outcome on a writ filed to the embassy can only supply me with one case filed through the Embassy and many through Uscis. They say they filed many on their sites but when asked for information on successful cases they send me information on cases at USCIS for green card issuance and approval for waivers not cases like ours. All cases like ours that have gotten an approval were in AP over a year and could have been close to approval anyway.
If you are pretty versed in legal garb you can attempt to file one on your own but I wouldn't recommend it. Catholic charities may be another option.
I don't understand if its as easy as filing a petition through the court to get the ball rolling then that would mean they are just sitting on cases.
I've kept a record on every communication with the embassy from start to finish along with their responses in preparation but I'm still deciding if this is the right step.
Freda, I recommend you talking with jennifer nimer. Mostly her WOMs are for the embassy and department of state. If you want you can pm me for more information.
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23 hours ago, deab said:
How much are her fees?
I think around 6k
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On 7/11/2019 at 3:01 AM, Rami91 said:
Does anyone knows what is the approval percentage doing mandamus??
Lawyer Jennifer Nimer has a 98% approval rate with these lawsuits.
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On 7/4/2019 at 6:13 AM, Ahmed&Freda said:
Unfortunately pregnancy is not a reason to expedite through any of the the visa process expecially the embassy stage (where there is no expedite). A W.O.M. is an option but keep in mind that a writ (although a powerful tool) is not always successful. Make sure when talking to an attorney they can advice you a success rate at the embassy level. Of the 4 attorneys I have met with in this process they have had very large success rates with WOMs at USCIS level but once a case is at the embassy the success rates are more rare as they are afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity.
On 7/4/2019 at 6:13 AM, Ahmed&Freda said:Unfortunately pregnancy is not a reason to expedite through any of the the visa process expecially the embassy stage (where there is no expedite). A W.O.M. is an option but keep in mind that a writ (although a powerful tool) is not always successful. Make sure when talking to an attorney they can advice you a success rate at the embassy level. Of the 4 attorneys I have met with in this process they have had very large success rates with WOMs at USCIS level but once a case is at the embassy the success rates are more rare as they are afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity.
Jennifer Nimer has filed many lawsuits at embassy level. She has even fought lawsuits in AP from banned countries
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On 7/1/2019 at 4:46 PM, Aj3 said:
Hi guys,
my wife is in AP for more than 20 months ( spouse immigrant visa). I have no idea what to do, sent numerous inquiries personally and by senator but no avail. Any help or advise will be apprecited. Thanks in advance.
You should file a writ of mandamus lawsuit if your case has been in AP for more than 20 months. I only advice this if ur case is straight forward and does not involve any complications.
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4 minutes ago, Munazza said:
How much it costs ???
It really depends on the lawyer. It is a handsome amount but I still would say its worth it.
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For everyone waiting in AP for more than 6 months due to the ds5535, you should file a writ of mandamus. I suggest saving all your responses to inquires from embassy and your emails to the senator/congressman to make your case strong.
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15 hours ago, Ahmed&Freda said:
A friend I met on here filed one and her husbands case was returned for not enough evidence of bonafide relationship that coupled with the rate that attorneys are charging for it makes me not ready to file one myself. I need to see enough positive turn around to decide if its worth the 3500-6000 I have been seeing attorneys quote.
Mubarak ho!! Please keep us in your prayers!
Freda, I talked to that person and the reason it was sent back was because the officer found something that the couple could not clarify at that time. I know we are talking about the same person because a long time back I asked you if you know anyone who filed a WOM and you told me about her.
I contacted her to find the reason.
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2 hours ago, Rami91 said:
Do you have any percentage of the approval if we did wom???
I dont have a percentage but I have never seen a WOM turning out to a denial. If I ever did see a denial it was because the couple lied about something. I have never seen a WOM turning out to a denial just because the security checks were not done. Once again, if you have been honest in everything and you are stuck in this black hole for no reason and you have waitied at least 6 months, go for it.
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4 hours ago, Malik786 said:
Asallamalaiykum did you file WOM?
No I did not file a wom. Our case got approved on its own. But we were in AP for 7 months and during that time, I did a lot of research on this. I only recommend this route for people who have no red flags in their case and have been truthful about everything.
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7 minutes ago, Ahmed&Freda said:
Did you file one?
No Freda, Fortunately I did not have to file one. My husband got a visa in 7 months AP Alhumdulilah. But while I was waiting I did a lot of research into it and seriously if your relationship is real and you were truthful about everything, dont be afraid to file it. In order to deny you they have to find something wrong with your case and justify it to the judge. There are several misconceptions like what if the background checks are not finished, they will deny it. The WOM forces them to adjudicate the case.
Form DS-5535 "Supplemental Questions for Visa Applicants" -- Part 2
in US Embassy and Consulate Discussion
Posted
Hi Ehsan, nobody really knows how long AP will last. My husband was given a ds5535 and was in AP for 7.5 months. His visa got issued on its own, they asked for new medical. I was on the verge of suing the embassy but ended up not doing it because the visa got issued on its own. My advice would be to wait like 2 months then think about suing the embassy with a writ of mandamus. Good luck.