xmasgirl

I'm confused. An O1 on USCIS's website is listed as the following: The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics. He went to the consular in Austria, after USCIS sent his approval letter, after we sued under a writ of mandum, and he had an interview there. He's done the background check so many times and they always come back with nothing. How is this legal?

We're seeking advice on what to do next. It's been 1.5 years. The govt said he passed the background check in an email about 6 months ago. A year and a half ago, we submitted his O1 application. He is coming from Iran. He was approved in 4 days, November 2022. We couldn't get him an appointment for interview for months but finally got one. Right before his interview, they emailed and said he's going under background check. At the 6 month mark, we sued with a writ of Mandamus for excessive delay for the background check. The government responded and said oh its NOT the background check BUT said he should have never received his O1 and gave a list of reasons. We responded with proof of why he should and addressed all their issues. This went back and forth a few times. About a month ago we received an email saying he was approved for his visa!! USCIS sent us the Notice of Approval. He and his family went to Austria for their appointment last week. The interview went well. However, at the consulate, they said PIMS hadn't been updated with his status. They also asked him to respond to questions in an email. The questions seem like background check questions for the DS-5535. HOWEVER the questions were in an email, and he was not asked to specifically fill out the form and sign it. We're worried that they may come back in a year and say, oh, you didn't sign or fill out the form. Also, he did this Administrative Processing about 10 years ago and it took 4 years for him to get an appointment. At the appointment, they said Muslim Ban, sorry! We contacted USCIS and asked them to update his status in PIMS. We knew the judge in the case was already pissed off with the government. They did update his approval in PIMS a few days ago. My BIL just sent the response to all the questions and the embassy has thrown him into administrative processing again. He's been on hold for 1.5 years. Has anyone experienced this? After waiting 1.5 years + writ of Mandamus lawsuit to now go through administrative processing again?? One of our attorneys says we can piggy back on the last writ of Mandamus and not have to wait another 6 months. But we're not sure. The government already said he passed the background check. We have an email from them. Does anyone know how we can find timeline on Administrative Processing for O1 visas? Can we piggy back on our last Writ of Mandamus since they already said he passed background check and they spent 4 years the last time approving his administrative processing? This is so just so frustrating.