Dan

Our interview for AOS based on DV-2003 was in Chicago in February.
Since then we contacted congressperson's office, got response from
BCIS (that the security check is pending) and that's about it (more
calls to congressperson's office do not seem to help - they do not
know what more they can do).

It does not make sense to just wait - if the deadline passes then we
are screwed (Nyaga v. John Ashcroft -
http://www.law.emory.edu/11circuit/m...12265.opn.html).

1) Does it make sense to get writ of mandamus now?

2) Did anybody (successfully) try it?

3) Can you recommend a lawyer? (probably in Chicago?)

4) Why I cannot find any official information on which agency is doing
the
security check? Do lawyers know? Is it possible to figure it out using
FOIA?
Is it possible to get writ of mandamus to expedite the security check?
Can
the congressperson expedite the security check?

Thanks,

Dan

Ingo Pakleppa

On Fri, 18 Jul 2003 07:36:42 -0700, Dan wrote:

    > Our interview for AOS based on DV-2003 was in Chicago in February. Since
    > then we contacted congressperson's office, got response from BCIS (that
    > the security check is pending) and that's about it (more calls to
    > congressperson's office do not seem to help - they do not know what more
    > they can do).
    >
    > It does not make sense to just wait - if the deadline passes then we are
    > screwed (Nyaga v. John Ashcroft -
    > http://www.law.emory.edu/11circuit/m...12265.opn.html).
    >
    > 1) Does it make sense to get writ of mandamus now?

You probably won't get it, for several reasons:

- the processing time is not unusually long - paradoxically, a court
wouldn't issue one until September 30 is almost around the corner.
- BCIS will be able to say that they are doing what they can, that the
delay is outside their control.

    > 2) Did anybody (successfully) try it?
    >
    > 3) Can you recommend a lawyer? (probably in Chicago?)
    >
    > 4) Why I cannot find any official information on which agency is doing
    > the
    > security check? Do lawyers know? Is it possible to figure it out using
    > FOIA?
    > Is it possible to get writ of mandamus to expedite the security check?
    > Can
    > the congressperson expedite the security check?

The agency is either the FBI or the CIA. Unfortunately, both agencies seem
to be very reluctant to share any information. And Congresspeople have, so
far at least, not been successful in expediting security checks.

I just came up with yet another thought - no idea if this will work, but
if it does, it might be the most promising idea of all. The reason for the
September 30 deadline actually is not written into law, but is a policy of
Department of State. So you could file a different lawsuit, compelling
either BCIS to obtain a visa number for you before September 30 (even if
they take longer to approve the case), compelling Department of State to
keep the quota open beyond September 30, or compelling DoS to set aside a
visa number for you to be used at any time, even after September 30.

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