*Practice limited to federal immigration law. Licensed in NY, MA, but not in CA.

The #1 Fear Stopping People From Solving Their Administrative Processing Visa Delay

 

The #1 Fear Stopping People From Solving The Administrative Processing Visa Delay

If you file a mandamus lawsuit against the consulate that is sitting on your visa because your visa is stuck in administrative processing, will the consulate get mad at you and deny your visa in retaliation? Or is the immigration agency going to just deny you outright in response to your lawsuit?

I’m Josh Goldstein, an immigration lawyer, and I help families and people just like you get their visas out of administrative processing. I’ve been helping people across the country and around the world. And the number 1 question that people always ask me is this:

 

Are you afraid of filing a lawsuit?

“Hey, I’m scared about this. I don’t want a lawsuit. The last thing in the world that I want to do is sue the government. I just want to get my visa. My visa is stuck in administrative processing, and I’ve been waiting and waiting and waiting and I’m frustrated. I want to go to the U.S. so I can finish my Ph.D., or be with my husband, my wife, or my family, and nothing’s working.

“It’s stuck. It’s in administrative processing. I’m so frustrated, I’m ready to sue, and I want to hire you to help me to sue them to get this done. But I’m afraid to do this because I’m afraid they’re going to just deny me.”

 

There’s no need to be afraid

I’m here to tell you that it just doesn’t work that way. The consulates are not going to retaliate against you and deny you just because you filed a lawsuit. In fact, it works quite the opposite. Once you file the lawsuit, they’re going to work diligently to process your application, to give you your visa, and to make you go away.

Just by filing a lawsuit, you basically went up to them and walloped them in the head with a frying pan. And now, they want nothing to do with you anymore. They just want you to go away.

 

You’ll get treated much better

My experience has been that when people sue the government, they actually get treated much better. When you’re stuck in administrative processing and your visa is delayed, you emailed the consulate and they never really give you any meaningful information about the status of your application. Everything’s just sort of stuck, and they’re brushing you off and giving you the runaround.

 

You go to the top of the pile

Once you file the writ of mandamus lawsuit, they’re going to be contacting you, trying to figure out how to get your case processed. You go from the bottom of the pile, to the top of the pile. And they want to do everything humanly possible to make your lawsuit go away. And the easiest way to make it go away is by reviewing your application, by processing your case, and by giving you your visa.

 

What you should do

So, if you’re afraid of filing the lawsuit, you need to overcome that. I’ve helped countless people who were stuck, just like you, and in no case has the applicant ever been denied in retaliation. I have never seen retaliation or bad treatment in any case that I’ve been involved with.

If your visa is stuck in administrative processing and you have questions, send me an email, message me, or leave your questions in the comments below, and I’ll be happy to help you out.

Josh Goldstein
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