Do You Need to File a Mandamus Lawsuit?
Has your immigration case gotten stuck? Or maybe it’s gotten held up in years of “administrative processing” or “background checks”? If that’s your situation, you may want to learn more about a recent victory our team had with a writ of mandamus.
Our Clients’ Situation: Stuck in “administrative processing” Limbo
My office recently had some clients who ran into this problem. The U.S. citizen wife, Sarai*, had filed an immigrant visa petition on behalf of her husband, Abdul, a citizen of Iran, in 2011. The I-130 petition was approved within normal processing times, the National Visa Center received all the appropriate forms and supporting documents, and the application had been forwarded to the consulate in Qatar, where Abdul had moved to live and work. In 2013, Abdul was informed that he had been scheduled for an immigrant visa interview. He obtained all of the necessary police clearances and completed his medical exam, then he went to his visa interview in 2013, and…nothing. He waited, he checked the status of his application through the embassy’s website on a daily basis, and still no decision. The delays dragged on and on and the only explanation they got was that the case was under “administrative processing.”
Sarai and Abdul, both very accomplished professionals, were recently married and had a young child. However, because of the delays with Abdul’s visa, they were forced to spend more and more time apart. Sarai struggled to take care of their baby boy alone in the United States while trying to work part-time and complete her degree in clinical psychology. Meanwhile, Abdul struggled to continue with his professional life apart from his family, renewing his work visa in Qatar and committing to more time abroad, all-the-while never knowing when he could be required to drop everything and move to the United States to join his wife and child.
By the time they came to my office they had reached the end of their rope – the uncertainty was taking a large toll on their lives and their emotional well-being. They had tried everything they could think of to inquire about the status of the case and to see if they could move it forward but it remained stubbornly stuck. We talked about their options and the possibility of filing a mandamus lawsuit. I explained that this would very likely get the case unstuck, which would get them a resolution to the application process so that they could move on with their lives and make other important decisions.
Mandamus Lawsuit: Start to Finish
They ultimately decided to file the lawsuit. We helped them do this, and within months of filing it, we began to see some progress. We were informed that the U.S. Embassy in Qatar was going to review the case again and make a decision. Shortly thereafter, Abdul got a call from a representative of the U.S. Embassy there in Qatar. He was told that he would receive information through the embassy’s case status website and he would be required to “refresh” various documents, such as his medical exam, his police clearance certificates, and he would need to provide the embassy with a valid unexpired passport. All of these documents were updated and delivered to the embassy. And, about a month later, Abdul received a positive decision in his case and obtained his immigrant visa! Success!
Abdul and Sarai were thrilled. Sarai had moved to Qatar for a time to be with Abdul, and now the two of them and their son had the ability to travel back to the United States together as a family. After 5 years of their marriage and life being in a holding pattern, they were finally able to begin building their life together here in the United States. We are incredibly happy for them and were very glad to be able to play a part in helping to reunite their family.
How can the Law Offices of Joshua Goldstein Help You?
Filing a mandamus lawsuit is complicated and confusing. But if your case has been stuck for many months or years, this may be the solution. If this is what’s been happening for you, your best bet is to hire an experienced immigration lawyer.
Our team of experienced immigration attorneys are skilled at preparing mandamus lawsuits and helping clients get the closure they need in their cases. If you have questions about the process of filing a mandamus lawsuit and want to know more, call the experienced immigration lawyers at the Law Offices of Joshua Goldstein today to schedule a consultation.
*Please note: Names and details have been changed to protect the confidentiality of the client.