Jump to content

AP_since_May2023

Members
 View Profile  See their activity

  • Posts

    267

  • Joined

  • Last visited

 Content Type 

Posts posted by AP_since_May2023

    The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

    in Canada

    Posted

    2 hours ago, ALC said:

    Nope, they returned my passport, with the 221g letter. I think I am properly in the SAO process, so they didn't keep the passport. 

    I'd say the fact that they kept their passports is a good sign, means that whatever they need to check can be done in house, and may not take too long. Fingers crossed. 

     

    They kept my passport at the interview, then I received an email stating that my case is in AP and I should go collect my passport if I am looking to travel in the next few weeks to months.

    DS-5535 Amsterdam [merged threads]

    in US Embassy and Consulate Discussion

    Posted

    Just now, IAG said:

    Case filing and issuance of summonses can be challenging if you are outside of the US. Filing on your own will require very careful consideration.

     

    I'm physically in the USA right now on a work visa, which is ironic for purposes of Administrative Processing for Security Advisory Opinion. 

     

    I agree and will be filing with an attorney. Will reach out to Curtis as you have recommended.

    DS-5535 Amsterdam [merged threads]

    in US Embassy and Consulate Discussion

    Posted

    5 minutes ago, IAG said:

    Hacking is fine too (a bit more expensive). Since AP cases are very easy, they are just using their common lawsuit template putting your name, so it doesn't make sense to pay so much. I would go with Curtis Morrison, because he is doing more difficult litigation than Goldstein or Hacking, and in my experience, more approachable.

     

    Hmm if they are doing that, wouldn't it make sense for me to just purchase a mandamus off another VJ member?

    DS-5535 Amsterdam [merged threads]

    in US Embassy and Consulate Discussion

    Posted

    4 hours ago, IAG said:

    Yes, 6 months. I did mine 3 months before interview. They will not let you repeat your medical until your AP is complete. 80 days is too long, you should sue them now. DS-5535 takes more than 1 year to complete, and unless you don't mind waiting, lawsuit will get you your visa in 4 months (if you start now). 

    Thanks. I will be consulting with Goldstein and Hacking Law on Monday. Any other ones you suggest? 

    DS-5535 Amsterdam [merged threads]

    in US Embassy and Consulate Discussion

    Posted

    On 4/4/2023 at 10:37 AM, IAG said:

    Here is the conclusion of my story. -[My immigrant interview was on Nov 29 2022, and the visa was approved on the spot. However, I later received the DS-5535 form, and since Dec 1 2022 the case was stuck in administrative processing. Having waited for two months, I filed the lawsuit on Feb 1 2023 to compel the State Department to issue my visa.

     

    The lawsuit deadline is April 24 2023. Magically, on April 4 2023 the US consulate in Amsterdam told me to repeat my medical exam and return my passport for visa issuance.

     

    So, if you get the DS-5535, file the mandamus lawsuit on the NEXT day. Don't wait for 2 months, like I did. According to one experienced litigator, the Biden administration (luckily) does not fight these lawsuits at all, and they just print the visa, because it is more work for them to backfire at you. 

     

    Otherwise, it takes anywhere from 4 to 11 months for the DS-5535 to get cleared. This has horrible consequences for employment-based immigrants, because the priority date started to retrogress this year.

     

    I hope this information would help others to get unstuck

     

    Isn't the medical exam valid for 6 months? How many months before the interview did you do your medical exam? I have been waiting 80 days since AP, and I am considering filing WOM. 

    How to file a Mandamus in Federal Court

    in General Immigration-Related Discussion

    Posted

    On 4/30/2023 at 8:06 PM, igoyougoduke said:

    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 “

     

    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

     

    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. 

     

    For Consular Processing cases undergoing Administrative Processing, do you know who the defendants would be besides the Ambassador of the US Consulate?

    Refused after Administrative Processing MEGATHREAD

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

    Posted

    On 7/28/2023 at 10:53 AM, stringpuller said:

    Still waiting. 8/5 will be 60 days since 221g appointment. The DOS says that 80% are finished at 60 days? Or is this more gas lighting by them? 

    Sorry I believe this is gaslighting. I have been waiting 80 days since my interview.

    On 4/11/2023 at 11:12 AM, Meli022 said:

    Anyone else having any luck? We're in our 6th month of AP. DS5535 paper. Spoke with a few attorneys. I'm giving it another 60 days and will most likely be filing a WOM after that.

    Any updates on your case?

    Montreal embassy EB-2 interview wait time-Part 2

    in Canada

    Posted

    1 hour ago, immishok said:

    They filed a WoM about two  months after getting AP'ed and got their case cleared a month later.

     

    Thanks!  Do you happen to know their timeline? I am now really interested in filing WOM as there has been no updates to our case in over 45 days, and its been 80+ days since AP.

    Montreal embassy EB-2 interview wait time-Part 2

    in Canada

    Posted

    1 hour ago, TheMaverick said:

    This helps because at every entry the officer determines intent although regular crossing vs going for an interview are two different things. They have much more access and time at hand to go over your profile and if anything does not fit it’s completely at their discretion. There is nothing we can do about it

    You're right. The border officer did take a while to read through his case notes before granting us admission. We suspect is because they can see that our IVP was placed in AP / history of refused visa.

    The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

    in Canada

    Posted

    1 hour ago, Gha said:

    Hi

    i just to ask everyone that has it happened to anyone.I have emailed embassy two time in 6 week and thay have not responded me even once

    last time emailed them in start of June and month of June my case update 3 time in June automatically but after totally silence 

    plz someone give me your opinion 

    I really appreciate 

    thank you 

    I see that you have been waiting since October 2022. Have you considered filing WOM? 

    Montreal embassy EB-2 interview wait time-Part 2

    in Canada

    Posted

    18 minutes ago, TheMaverick said:

    I have a similar dilemma. My TN is due in October and basically have to get it renewed because I won’t get the IL. The option is getting it done at the border for 56 dollars or premium processing from within US which will cost me more than 5000 dollars because you have to be physically present in the US till a decision is taken. Doing it via USCIS is less risky whereas doing it at the border is super risky because you don’t know what mindset the officer is in. The only safe thing is because I have chosen consular processing there is no immediate intent but a future intent. Intent kicks in only once you attend the interview and the worst is to have it renew when in AP because now intent has kicked in. Any suggestions or opinions?

     

    Why do you need to do Premium Processing though? Can't you just start applying it now? 

    Montreal embassy EB-2 interview wait time-Part 2

    in Canada

    Posted

    16 minutes ago, TheMaverick said:

    I have a similar dilemma. My TN is due in October and basically have to get it renewed because I won’t get the IL. The option is getting it done at the border for 56 dollars or premium processing from within US which will cost me more than 5000 dollars because you have to be physically present in the US till a decision is taken. Doing it via USCIS is less risky whereas doing it at the border is super risky because you don’t know what mindset the officer is in. The only safe thing is because I have chosen consular processing there is no immediate intent but a future intent. Intent kicks in only once you attend the interview and the worst is to have it renew when in AP because now intent has kicked in. Any suggestions or opinions?

     

    I can share that we were able to re-enter the USA on a TN visa (valid till 2024) after our interview and despite our case being placed in AP. However, I am not sure if we are able to renew it if it expires in 2024 and we are still in AP.

×
×
  • Create New...