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I was running a little bit late all right no worries so we have about seven days here in this live call and then I’m also doing a live stream on a Facebook group that has about 400 embers so so we’ll be having questions along the way and then I given permissions to a few people who can ask us questions to audio call as well well thanks so much for inviting me on this is a topic that administrative processing and administrative processing delays is a topic that I’ve literally devoted my entire career queue I wake up in the morning I go to work and I attack this all day long for people just like the ones in your group who are stuck in the dark just sitting on their hands not knowing what to do or what’s gonna happen it’s it’s really a horrible horrible thing administrative processing and you know the thing is the thing is there’s not that much known about it you know you don’t really hear you don’t hear about it in the newspaper you hear about a lot of other immigration in justices but there’s been very little media attention put on to this policy where people go for a visa and then they just say administrative processing and then they just put them in a black box you know what I mean yep that is why we are here we wanted to know everything we can about 231 jihun how you are helping your clients and what answer some questions well numbers are here I’m sorry before we go there introduce yourself just how did you come into immigration practice where are you located where do you practice I see that you have office both in California and in Boston right yeah yeah so I live here in Los Angeles and I have offices downtown LA and I moved to LA about five years ago and in that office from Boston we have a bunch of clients in the entertainment industry and I was coming out here all the time so it made sense to expand my practice we are a small office we have three associates attorneys in our office and a staff of about five paralegals and we specialize exclusively in immigration law we do it’s sort of full-service immigration firms so we help people get green cards through marriage we work on a1 visas h-1b visas you name it so we help people get citizenship we take on cases across the country and around the world and we work a lot of our clients are located remotely so we get people calling us from Texas and so on and one of my specializations throughout my career has been mandamus lawsuits so I challenge I sue USCIS and I sue the State Department consulates and other immigration agencies on behalf of people just like those in the two-two-one G group who have been delayed by immigration and I’ve been doing this for a long time let me tell you a little bit of give you a little bit of background about this in 2006 nobody was talking about an administrative processing back then the big problem was this thing called the FBI name check and the way it would work is you’d apply for a green card or you’d apply for a for citizenship through naturalization and at your interview if you were completely eligible to be approved they wouldn’t approve you it was just like 2 to 1 G and so what they would do is they’d say sorry we can’t give you approval because of the FBI name check I don’t even know what that is I still don’t and so what we would do is we would sue them and we’d had people that been waiting for four or five years or two years or 18 months who for this name check to come through this mysterious FBI name check so we sued the FBI we would include them as defendants and we won every case that we filed like that and so that’s what it was all about it was this FBI name check and today we see the same thing with administrative processing no different no different okay all right Josh if you’re all are you holding the phone because you might be holding it for a long time at least in 45 minutes on Howard so maybe you could another spot where you can put something on the table or something because I know it will it will be painful for you to be holding it for a while okay hang on hang on let me see I have a little stand here

okay thanks for your technical well your hands okay I like that better it’s better yeah okay all right thanks all right so how did you become this tutorial specialist because not a lot of atoning talked about this and this huh silently right people who go for stamping and this has outside the country not within the us say the go for stamping and they get this form and that is literally no updates you cannot get any other only thing you get us your status remain your visa remain refused on a 221 G right we do not have any update her to give you understand the same standard apply in different form is what is given so how did you get into the studio do ng+ later especially well like I said my background as an immigration lawyer and my specialization as an immigration law is with mandamus lawsuits so I’m the guy who sues immigration agencies on behalf of clients who have been delayed so the mandamus lawsuit is all about a delay you’re eligible for the green card for citizenship for the work permit for a visa whatever you’re applying for but there’s a delay so conceptually it’s the same problem that I face throughout my career in 2006 it was they call it the FBI name care now they’re calling it administrative processing it’s the same thing it’s the same name it’s a different name but it’s the same problem it’s this bureaucratic excuse for a delay administrative processing is a meaningless term it doesn’t mean anything it just means that they’re not going to give you any the visa that you deserve that’s all it means so let’s go somebody’s going for visa interview oh yeah officer give tell some that okay well visa is refused waiver we have to do two to 221 G sometimes they give it right to the candidate at the application window or sometimes they said your visas uproot but then to do new G comes into picture so what why does this officer give a toot on you in first place for some candidate for others they do not there is no answer to that question it’s mysterious because one of the things that’s frustrating about 221 2 to 1 G is that they never explain the nature of the problem they just give you maybe they’ll make a cryptic comment like oh you know there’s a security check or there’s a background check or you know sometimes sometimes the 2 to 1 G comes about because there are legitimate concerns about whether the candidate is eligible for the visa for example you go to apply for a green card through marriage and you’re going for an immigrant visa and the consulate doesn’t believe that your underlying marriage relationship is genuine right so instead of denying the visa they date they say we’re not going to give you the visa today we’re going to give you 2 to 1 G so sometimes there’s an underlying problem other times it’s just because there’s a background check and that’s the problem and then for a lot of my clients are Iranian Nationals so 2 to 1 G is a blanket excuse to deny or to put on hold anyone who’s in Iranian national who they don’t want to give you give the visa to not all Iranian Nationals are barred by the Muslim ban or the travel ban or wherever they’re calling it presidential proclamation not all of them are banned by that so but you’re from Iran and you go in for a visa that you deserve to be approved on then suddenly you get 2 to 1 G so the answer to your question is there’s no explanation at all why anyone would get 2 to 1 G let me give you an example that I think illustrates this very well when I see two to one G or administrative processing I I mean what I think is there are two solutions the first is that you can sit on your hands and wait and you can contact the consulate and you can contact the embassy and you can contact your your senator or your Congressman you can do all those things and you should do those things but the other thing you can do is file a mandamus lawsuit and that’s where my services come in but when when we filed a lawsuit against the consulate to challenge an administrative processing delay I had a case like this where the attorney for the government came back to me and actually the the problem was that

they were having trouble locating the file they asked me for a copy of the whole file Wow I said sure I’ll email to you no problem so so that was the underlying problem and the applicant had no idea I I don’t know how that person would ever have gotten approved they didn’t file a lawsuit so it’s a very very weird thing Wow so okay so in the consulate Dodona G is issued and somebody is waiting for weeks months are nobody knows how long it’s gonna take literally the only update the person can get is the last update date in DC of the ceac said gets changed and it changes 10 pranks in a month sometimes it changes only after a year and after that that is nothing so and if you if I look at the forums people tell I sent an email to counsel it asking for my status and then I saw an update on the last updated maybe they updated added a note in the mice application that this person has requested the status but nobody knows what that is so when 220g is issued what happens in the background what happens after the paper is given the customer physicists this one well the first question you asked me is why does someone get 2 to 1 G and my answer was nobody knows why that is and your next question is what happens during 2 to 1 G and you know what the answer is to that it’s the same thing nobody knows what they’re doing do you for all the people out there in your group who are stuck in this horrible black hole of 2 to 1 G do you actually think on Monday morning a consular officer gets up and goes to work and gets your file off the shelf and does anything with your case do you really think that that’s what’s happening or do you think that that nothing at all is what’s happening the answer is it’s it’s total speculation to think about what the government is doing during 2 to 1 G whether they’re doing anything or something I mean I’ve been involved with countless lawsuits against 2 to 1 G and I don’t have any idea what it is neither does anyone else the government is not forthcoming about what if anything they’re checking so again the answer to this question your other questions and probably all the other questions about 2 to 1 g we don’t know we don’t know what it is we don’t know what’s causing it we don’t know how long it’s going to take we don’t know what they’re actually doing if anything what why is it the system set up that way can and law change this ok I think the problem comes in because of this rule this law this concept in immigration law which I don’t think many people familiar with immigration lawyers are but but it’s called the doctrine of consular non-reviewability the doctrine of consular non-reviewability this has been upheld by the Supreme Court and it basically says that the consulates can do whatever the hell that they want they can make any decision no matter how unfair wrong capricious arbitrary they can do whatever they want and you have no legal rhe courts against that there is no appeal they don’t have to write their decision in a in a written memo they just give you this worksheet so they can make any decision they want and if they can make any decision that they want there’s also no Administrative Procedure to challenge any aspects of the administrative adjudication process so it basically gives them so much power over the applicants and when they have all this power it’s no coincidence that they make a lot of bad decisions they make unfair decisions and they put people on hold and I don’t think many people out there are aware that they can sue these conflicts and they can challenge these delays so they can get away with this the concept of administrative processing by the way is in my opinion completely illegal there’s nothing in the Immigration and Nationality Act that mentions administrative processing there’s nothing in the the immigration regulations that talk about administrative processing it’s just something that they came up with I think there are a few references in the Foreign Affairs manual but it’s really nothing that’s ever been challenged legally about their right to do this and I think people you know that’s the nature of the problem it’s that the consulates have so much legal power that they can get away with it okay so what can so you mentioned a book mandamus

lassos but when you tell the word we are going to sue the government then the first thing that comes to the mind is like what suing the government they are probably going to deny my case and forget going ever going back to the US how do you that is the first it’s come on so how do you how do you make sure or what do you tell to your clients so that you know what that is okay that is allowed to do it you are smiling so probably are getting the same question every time as somebody is asking you that nobody nobody wants to sue the government nobody wants to sue the government I’m a lawyer who sues the government I don’t even want to see the government I’d rather be working on other types of cases nobody should have to go out and hire a lawyer to sue the government in federal court just to get a routine visa prove that’s absurd that’s totally ridiculous but I think people come to me and they hire me to do the lawsuit because they are so frustrated and they’re so desperate and they don’t know what else to do because at some point if you wait at some point you’re gonna get you’re gonna give up you’re gonna get so frustrated and upset and desperate that you’ll do anything to make the waiting stop and that’s why people sue the government they sue the government and also I get a lot of referrals that helps a lot because once I get one person approved then four or five of their friends say oh yeah you did you did in my friends case so then there’s a little bit more of a comfort level but I totally get that I know that it sounds completely crazy for someone to sue the government because most of my clients here’s another aspect of this most not all my clients but most of my clients are from predominantly Muslim countries so I think a lot of this it has to do with targeting people because of their their religion or their ethnic or national origin which is it’s totally discriminatory but whatever country you come from suing the government for somebody from the foreign country it just sounds it sounds crazy it sounds risky it sounds dangerous it sounds like somebody who would it sounds hard to me in my back so it sounds like something that would that would get you nowhere because they would retaliate but I’ve never had a case in my career your countless mandamus cases I’ve never had a case where I felt that my clients were being discriminated against or Itali against because of the lawsuit in fact it’s quite the opposite by filing the lawsuit you get better treatment I was better for you so yet help sounds contradictory right you have to sue the government and then because for example a person who is here attending the call they are sitting in India waiting for to Panaji be clear for 4-5 months or whatever time and now you are telling I’m going to sue the government but yeah assuming we cannot control the weather the approval or denial but we can make the government respond faster so that is the suing the part so in the government right comes in the picture right yeah look look right now if you’re sitting in India and your your visa stuck and you don’t know what to do you call your Congressman you you you talk to your lawyer your lawyer has no idea most immigration lawyers have no idea about mandamus lawsuits they refer at mandamus lawsuits to me so there’s a lot not a lot of information out there about this and mandamus is not something that most lawyers present to clients as an option but when you when you file the lawsuit your case goes from the bottom of the pile to the top of the pile suddenly by by filing the lawsuit you you got their attention you know you you wouldn’t you wouldn’t kick the hornet’s nest and finally like you know after you filed a lawsuit we’ll talk about the mechanics of it it takes probably takes about two months to get their attention after filing it but once you’ve filed a lawsuit suddenly you be getting getting your case resolved becomes a very very high priority for them because they’re gonna have to go to court and get a lawyer and they’re gonna have to explain why you have been delayed and they’re gonna have to give an answer to a judge and they’re gonna have to deal with this and they don’t want to deal with the lawsuit they just don’t want to deal with it so I think that you will find that you’ll get a much better experience once you’ve filed the lawsuit the US Attorney’s Office gets involved and I can

communicate with the US Attorney’s Office in in certain recent cases I’ve helped arrange consular appointments you just don’t have that level of communication unless you have filed a lawsuit otherwise you’re stuck with the c-axis tum’ and all that and it’s really you just mentioned I wasn’t really don’t get a concert appointment so how does suing the government gets attention to the case well because if you sue the government then they have to respond to your lawsuit you’ve asked a judge to to chant you challenge the delay in court and you’ve asked the judge to take action on the case you have sued the consulate and when I sue the consulate I suit everyone up and down the chain of command I’m gonna sue DHS I’m gonna sue USCIS I’m gonna sue the State Department because that’s the agency that runs the consulates I’m gonna sue the consulate itself I’m gonna sue the consular officer or the head of the concert post we name probably about eight or ten defendants we sue everyone but sorry what your question was about what they saw so when you fighting the suit how does it how does it get their attention yep okay so once you filed a lawsuit you have to serve them you have to formally send them a copy of the lawsuit so they can be put on notice that they have been sued and after they’ve been sued they have 60 days to answer the lawsuit at the end of the 60 days they have to file an answer in court so once you sue them they have no choice but to respond they have to respond you’ve got their full attention there’s nothing more serious you can do than suing them so by the very nature of the legal system they have to respond and once they have to respond they’re going to there’s a chain of command that they have they get there they have a legal counsel for the State Department who gets involved and the US Attorney gets involved and all these people who have a lot of authority get involved and that’s when you see action in your case so what what’s the possibility of pasta vodka missus negative outcome okay you soon as you know what I’m going to deny you a case I’m done with this right that can happen right uh well I I would I would answer the question differently i I would ask the question differently there there’s if you if you file a mandamus lawsuit there is no guarantee that you’re going to be approved right this lawsuit is not going to take somebody who doesn’t deserve the visa to and it’s not gonna make them approvable I had someone the other day who contacted me and said look I I want to file a lawsuit my h-1b visa has been stuck for a long time I’m frustrated I got this job I want to go to work and and I said great I can help you these are the sorts of cases that I do and I we talked about it but once I started asking a bunch of questions about his h-1b visa I could tell that there were underlying problems with his visa itself he had switched employers there had been a letter of revocation to his last employer his current h-1b visa had a you know it was just a mess there so there was really a problem underlying problem going on with the case and that’s not the kind of lawsuit that I want to be involved with because what’s gonna happen is we file a lawsuit and then the person’s gonna get denied or they could get denied but they’re not gonna get be denied because of the lawsuit they’re gonna be denied because there’s an underlying problem and that’s quite different and I want to make sure that everybody understands that so for example if you file an application for an immigrant visa based on marriage and you go to your interview for your visa and you lay an egg at the interview you know you go in there and they ask you questions about your wife and you don’t know your wife’s birthday you don’t know where she works and you just maybe you get nervous and you mess everything up well the mandamus lawsuit is not going to you know they still could deny your case because they don’t believe that your marriage relationship is genuine so I don’t think there’s no retaliation going on there’s no retaliation but you still have the risk of denial in general okay does that make does that make sense sure so which means if the applicant knows there is an underlying problem in there a big background then this might get the denial faster maybe it may come but if there is underlying problem but it’s not in the health loosing area for

them to fire you you need to talk to that’s something I want to really chat with people about carefully to make sure that I understand the nature of their case the nature of the problem and nature of the delay so that we can talk about this like maybe there’s a problem with the case but the person insists that they’re eligible like okay USCIS question my h-1b but it got approved and I deserve this and my company is you know and maybe everything is in order but the consulate is just skeptical if that’s the case well let’s let’s fight them let’s do it let’s sue them let’s bring it on you know what I mean so but in other cases maybe there’s a serious problem that I think could lead to denial so I think that that’s a conversation you want to have with the lawyer who’s preparing the mandate it’s like I want to chat chat with you I want to review the file before we just jump in because the thing is I don’t want to lose any case I take on I want to be very careful about the cases that I take on so that I’m not wasting people’s time money and I’m not wasting my own effort you know sure all right what is the success rate of getting them to respond faster when you have done this Josh it’s a hundred percent I mean I think I think if your choices are to keep waiting or to file a lawsuit and you’re asking yourself which one’s gonna go faster the lawsuit for sure I mean the lawsuit is not as a lot of people are do I give people pretty realistic estimates for how long the lawsuit is going to take and my estimate is usually most cases that people hire me on are resolved within three to five months three to five months but some of cases are six months five or six months something like that and you know a lot of people are really frustrated with the delay and then when they hear that even if they file a mandamus lawsuit they could be waiting three five six months more a lot of people are frustrated by that so you know nothing if you hire me I don’t think anything will happen within at least two months to two to three months okay so what is the fastest you had something got a result fastest time I mean I would say I’ve had cases that have been resolved in 60 days fix your guess okay I had and this was for an Iranian national okay so we literally we filed the lawsuit and then 60 days later the visa was issued so for example so if I’m going to take this route right then the dilemma I would have is if you are telling me the timeline is 60 days to 150 days so why wouldn’t I wait it out to see so how would you answer for that five months versus just wait it out I think I’m not I’m not selling the law I’m not trying to sell you on the lawsuit and help you I’m trying to help my clients and help people make the best decision it’s not like I’m selling a used car and I’m trying to get you to do the lawsuit because I I need more clients or something like it’s not like that at all if you look at this lawsuit and you say listen if I hire a lawyer I’m not paid the lawyer money I’m gonna have to file the lawsuit and then there’s gonna be this delay I think I’d be better off just waiting because this is likely to get approved if I just wait wait it out it’s likely to get approved in a couple of months then I think that’s a that’s a smart decision you shouldn’t you shouldn’t filed a lawsuit if you think that just by simply waiting you can get your case approved in a few months then I don’t think you should file the lawsuit the people who hire me are people who are stuck and they would still a lot of these people who have gotten approved would still be stuck if they hadn’t filed a lawsuit because there was really no movement their case yeah because if you look at the doji group where you are a lot of people in there are telling that I’ve been waiting for the k1 fiance visa for like more than a year yeah so they’re like thousand three hundred members in the group and then a lot of people are therefore waiting for eight months ten months easy yeah I mean I’ve had people who’ve been waiting for four years four years yeah Wow yeah and so and then I was able to get that person approved in a matter of a few months okay all right so so so I think I think it’s sort of like people are swimming in a in a pond and they they’re going down but they don’t know where the bottom is right so like if you you don’t really know how long it’s gonna take you to get approved and I think you have to judge the important I mean how how how important is getting this resolved but for somebody who’s been waiting a year for a k1 visa I mean

you know I hope that that person gets approved tomorrow on Monday morning but at that point I think you really need to think about Mandy Mandy at least have a talk with me about whether this would make sense for you all right because that’s a tough decision that but individual person has to make because I’ve been stuck for two or three months is what there’s somebody is thinking another three four months after three months if they don’t get anything then they probably have to make another decision so I think it depends on what the nature of the case is let me talk you through it if you’re going for a visitor visa b2 visa and you want to file a mandamus case to get the decision on the b2 visa I don’t think that makes a lot of sense because most beats b2 visa applications are denied and it just doesn’t make a lot of sense if you want to file it for an f1 visa I mean you could be missing a year of school Jo even if you do follow the lawsuit but on the other hand maybe someone has an opportunity of a lifetime to go to school in the u.s. maybe they are getting PhD at Caltech and have gotten a full ride and this is this is their life’s dream and you know their advisor told them that they need to be back for a thesis and they’ve worked for three years on the thesis and they were just trying to renew their visa so there could be some really powerful things involved but I think for the immigrant visa and I think that’s a better use case for the mandamus lossy because if you’re married to a u.s. citizen or you’re engaged to get married you have an f1 visa or you’re the beneficiary of an approved immigrant women based case you a lot at stake there and you can’t just be waiting blindly for years for this I think you have to take action and they’re there so it’s really the importance of the underlying visa that I think comes into play sure and especially if somebody who saw h1 let’s say they went for vacation and then they went first happy they got stuck they have a home probably here they have cars everything is all stuck and I think you just lost your everything is stuck they do not know when they are going to be bad maybe somebody who’s on kitchen B will be able to get it would you advise them whether if let’s say people are listening got to this right now or somebody who listen to this feature how would you advise them what would you recommend them they do I’m sorry can you repeat so someone’s on and sorry I was just dealing with my phone I got it sure someone’s on an h-1b visa and there’s an a go on vacation for routine stamping and they just end up stuck in this administrative process yeah probably somebody like that so if they are stuck and yeah listen to our interview and they want to know whether it makes sense because you discussed about for some cases if it’s worth filing and some cases it’s not worth filing and also you want to make sure you will take on the cases that you can win so if somebody approaches you yeah what be the process that you go through with them I want to have a conversation with this person before we I don’t want to just file a lawsuit like let’s do that I want to talk to them so that I make sure that they understand the goals and I offer consultations through video conferencing for international clients we can arrange I can book these appointments with people and arrange this in a very easy way of a scheduling tool on my website or people can find it my website is www.antakungfu.com on the merits deserve to be approved or is there really an underlying problem with the case so that’s question number one and the second thing and if that’s the case and the person’s delayed and they want to sue and they’ve been delayed for a while then I want to make sure that the person who’s interested in suing understands and has a realistic realistic understanding of what the lawsuits all about the lawsuit they’re gonna take time if you hire me it’s gonna take three four five six months maybe more I don’t really know it’s gonna take time before you’re gonna get any action on it

and if you hire me and I filed a lawsuit it’s not like a bolt of lightning shoots out of the sky and they just issue the visa it takes time it’s gonna take a few months so I don’t want to give people an unrealistic expectation of what I’m able to deliver on I’m a good lawyer I’m not a magician and also the other thing is that there’s no guarantee there’s no guarantee that the lawsuit will have a successful outcome somebody could hire me and they could wind up getting denied and I think that’s a risk that all of my clients have to shoulder I tell everyone the same thing it’s in no guarantee is something that is in all my paper work and so on Oh like sure and let’s ask the readers folks here please use the Q&A tab to answer the ask your questions and also people who are on Facebook live please post your questions on the comments I will read it to Tony um so that I have a question somebody is asking what is the cost to do this I think we don’t want to discuss the cost Josh maybe they can reach out to you directly and once you have the first call with them understand what’s going on then you can discuss the cost with them right yeah I think that makes better sense and also you know just to give you one sense I charge generally charge a flat fee to handle these cases but the fee that I actually charge varies from case the case slightly based on what I view as the complexity of the work in some cases I think take I’m gonna expect there’ll be a lot more work than other cases and there’s a filing fee for the court which is four hundred dollars there’s about fifty dollars in postage fees but generally I charge a flat fee I ask for payment in full before the case starts and and that’s it and the flat fee is designed to cover everything there’s no hidden charges or anything like that the other thing that I have people do before we file the lawsuit is I have them sign a basic representation agreement that that basically says I’m gonna be their lawyer they’re gonna be my client this is what the fees are this is what I’m gonna do so they’re aware and they have everything in writing which is just something that standard practice for me and most most attorneys okay um how much time we should wait before we approach Josh after getting to know Jason 60 days or 90 days well look as soon as you as soon as you see two to one G you should be concerned this is not a normal thing but should you file a mandamus lawsuit the morning on the day after you get your two to one g workshop worksheet no I don’t think that makes sense but after you’ve waited for a month or two months or three months then I think you know certainly after six months I think it’s time to consider filing a lawsuit but that’s really a personal decision at that point all right okay another question doing to da Vinci they asked to submit all the supporting documents even employ financial documents and some time employer is not comfortable sharing with us an employer direct email guests and help sometime how do you deal with this boy that’s a tough situation so if I understand this correctly you go to your consular interview and the consulate says we need more information we need a copy of your we need to see your employer’s most recent tax return for example and the employer comes back and says I’m not giving them the tax return not gonna send these documents they want to see my incorporation documents I’m not gonna provide them with that well that’s that’s a problem I mean you know you’re the beneficiary of the visa you can’t force the employer to do anything the employer could decide to give up on you and hire someone else so I don’t think the mandamus lawsuit is going to you can’t file you can’t force your employer to do that so I think that’s just a very difficult it’s fortunate situation yeah would the person have an option where the employers attorney can send the documents directly to the consulate without giving it to the client to the employee so the employer will not know these intricacies oh yeah I mean certainly there if there’s an h-1b visa there’s very likely a lawyer involved the company has a lawyer there’s some immigration lawyer put together the case and I’m sure that the lawyer could follow up directly with the consulate sure why not all right deal all right folks any other questions please do let us know please post it in the year a Q&A session one thing one thing I want to mention is so when you get to 2 1 G they

say that the visa has been refused right and that’s a very interesting word because it does not mean that your visa was denied right if your visa was denied that’s totally different because if your visa were denied that means that the case is over that there’s no more nothing nothing is being processed so it’s not the same like being refused under two to one G is not the same as saying that you were denied it kind of feels that way because you’re waiting maybe waiting so long it’s not a denial interesting so that is something you know so typically when people tell my missus refused which leads to think it’s a synonym for denial but that’s not the case so if somebody got 221 G and then later they got approval yeah and they go for another stamping hit three four years down the lane in the ds-160 what do you select has your visa been ever refused or do this select YES on the ds-160 or no for that well you could split hey you I forget the question on the DS 260 exactly but you know there’s two ways to go about these sorts of things one is you can split hairs and you can say well it wasn’t refused it was just given to two 1g so they may use the word refused but it wasn’t denied so I’m going to say no to that question or in the other ways you can do it is you can tell them about it you can say yes but I don’t think it really matters I mean they have computers they have meticulous records if you three years ago you were put in two to one G and you go back for another stamp it’s not like they’re not going to know about it they’re gonna know so I don’t think it really matters but I I’m always I think my general preference I’m inclined to tell them everything you know have you ever been arrested yes I was arrested I got a speeding ticket you know something like that whereas most people are like well this isn’t an arrest it’s something else it’s better to be on the safer side and then tell them everything than dealing with later better be over-inclusive oh okay oh and your answers I think okay that’s how I would approach it okay and most most people would think the other the opposite from there was a I think is very interesting that somebody just asked think it was Sabu and the question was how much experience do I have filing a lawsuit against administrative processing delete delays for h-1b visa people and the answer is not very much very few only only a couple of my cases have been with h-1b visas and I think it’s because the more important the the visa is the more someone may be inclined to file the lawsuit and I don’t mean in any way to denigrate the importance of an h-1b visa but that’s a non-immigrant or that’s a temporary visa and I think it’s different than when there’s an immigrant visa and there’s more at stake but it’s certainly there’s no reason you couldn’t file the you couldn’t file a lawsuit to resolve the h-1b visa delayed through administrative pasta okay um so in another prompts maybe lot of people probably did not know about this one there people are waiting and they do not even know that is this is possible or number two can be that yeah I still don’t believe you I want to sue the government I just want to say maybe that maybe lack of awareness or maybe they just don’t want to go through that but now after I do but the question is does lat you mentioned you file over a couple of cases that’s it mean that you will not be able to do successfully as an immigrant case or it doesn’t matter you mean you mean would it be unsuccessful he filed for a non-immigrant visa or for so for an h-1b visa no Josh so you have lot of experience in immigrant visa filing the lassos yeah but if somebody who’s on h-1b approaches you would you be still able to do it with the same level of documentation that you do for immigrant visa yeah I think so I mean recently I’ve had a couple cases that I’ve won one wasn’t j2 visa okay so here’s what happened we had a professor at MIT he was from Pakistan and his wife went back to the consulate to get she had to go back to Pakistan for some reason and they have a US citizen child so she took the baby she went back to Pakistan to get her visa stamp guess what happened in the history of processing so she was stuck there and this guy is a new father the baby and his wife were in Pakistan it’s a it’s a non-immigrant visa but

they’re stuck so we filed a lawsuit we challenged it they issued the visa the guy’s wife is back so here we have a case in this situation works a non-immigrant visa right but the stakes are high this is we have a mother a wife a child they’re all separated from their father for no reason at all other than the fact that the guys Pakistan if he had been from Canada and not a not a Pakistani national I’ve no doubt he would never have been an administrator process but that’s the nature of the system unfair though it is so there’s no reason you couldn’t file a mandamus lawsuit for delayed h-1b visa there’s no reason at all and I think it would work the same degree of effectiveness just want to carefully evaluate the fact and the merits of the h-1b visa make sure that it’s totally solid and make sure that the person who’s filing it understands that you know it could take three to six months or so sure all right another question from respond how good is this warm hug I’ve been 100 221 G for H and B and no documents asked no updates on portal for last six months what should I do also I had a 221 G in 2015 for my f1 Missa but that got up 115 days yeah what should that person do yep what should what should a person do okay oh all the time and I’m asked by people in administrative processing what should i do what should I do and there are basically two different approaches one is to keep doing whatever you’ve been doing which is to say you’re sitting on your hands you’re waiting maybe you’ve called your Congressman maybe you talk to your lawyer your your your keep asking questions through emailing the consulate but essentially you’re just waiting and the second possibility for me and we sue them and that but that’s it that’s the only thing you can do you can keep waiting or you can file a lawsuit and if you keep waiting you know this person got their administrative proxxon delay resolved in fifteen days a few years ago and they’ve been waiting six months now but there’s there’s no reason in the world why it might not be resolved just by simply waiting another if they wait another month or another two months they the visa could get issued if the person is sick and tired of waiting and they’re frustrated and they’re ready to take action and they want to consider suing then let’s set up a call and let’s let’s talk about it and and see if I can answer more questions specifically about your case and see if it makes sense to file a lawsuit sure it’s Josh Lancome right Freddie no no it’s um ww josh josh Dhokla okay alright yeah you got your fancy domain name let me keep it short alright awesome okay so I do not have any other question that is always this conception that if I go to Canada I can avoid to 21g or if it change the consulate to make it easier I would how do you honey because I have before you came on the call I was talking to somebody so going to India I’m going to go to Mexico and what if I get stuck I want to get back further that’s the choice of consulate have an impact I mean again I think the answer to all the specific questions about 2 2 1 G you have to understand that there’s really no understanding of what 2 2 1 G is or how it works or what causes 2 2 1 G or how long the delay will take or what they’re actually checking so when you start asking really specific questions like you know to try it like could you could you go we processed in Canada the answer is who knows but you have to also think logistically let’s say that you’re from Bangladesh you’re going on an h-1b visa and you have a family in the u.s. you’re working in the u.s. around h-1b visa you go you you arrange to go to let’s say Montreal to get your h-1b visa renewed an issue if you get stuck in 2 to 1 G you’re gonna be stuck in Canada you won’t have any way to get back to the US so then instead of being stuck in 2 to 1 G where you could go live with your parents while you’re waiting this out you’re going to be you’re gonna have the additional expense of arranging a flight from Canada back to your home country so I think I think there’s that and you know but but to get to answer your question another way can you avoid two to one G by being processed in a third country Canada Bahamas whatever the answer is I really don’t know maybe maybe that would really work well but I

haven’t heard that for many other lawyers I think that’s something that sounds like came out of the rumor mill but if it works great and to continue the logistics if they get stuck and they unconstitu passport that there is no response for month or two then they have to request the passport to get it back then fly to wherever they’re from country yes but they have to come back to Canada to get their passport stamp in the resource issue so it is a logistical nightmare lot of X yeah and if you are in a second third third country we call that TC and third country nationals it’s frowned upon in consular processing so a lot of people like I have a client right now from Australia and he’s got he’s got a wife and two kids for him to go to the consulate to get a visa he could be spending you know nine ten thousand dollars in airline tickets or whatever I don’t know how much it cost but it’s a big deal to fly to Australia and I get that but just you know I’m I think that it’s very much frowned upon to go to a local to these other councils okay all right okay so let’s see just I do not have any other questions this one just popped up okay great that’s the lawsuit deal with a denial of fetchin B or it will be an expenses incurred in USA while we wait in India paying rent and car mobile payments yeah so I guess let me break that down so the question I think is does the lawsuit cover a challenge to a denial right yep so let’s say that you hire me to do the mandamus lawsuit and then the consulate in response says we’re gonna deny your application for the visa it’s over we’re not issuing the visa we’re not going to do it my lawsuit does not cover that my lawsuit the mandamus law is about challenging a delay you are not asking you’re not you can’t force them to approve you they could deny you they have their well within their rights to approve or deny any application any request for a visa they can approve it they can deny it but what they can’t do is they can’t just sit on it forever okay have to make a decision they have to give you a thumbs-up or thumbs-down decision they can’t just put you in this black box called administrative processing and do nothing that’s illegal that’s unreasonable and it’s unfair and that’s what we’re fighting we’re fighting the delay but once the consulate issues a decision if it’s a bad decision you’re stuck with it because remember how I told you about the doctrine of consular non-reviewability non-reviewability you can’t review the decision there’s no way to appeal the denial of a visa application the only thing you can do is refile another request okay which means like applying for a visa again so that’s the only thing they can do yeah so which means the person has to be still back in their home country wherever they are stuck while this lawsuit is pending yeah and as a lawyer what I’m trying to do before I take on a client and before I file the mandamus lost it is I want to understand the nature of their case a little more to make sure that they’re on solid footing and that I believe that they’re gonna get approved because I want everyone who hires me to file the mandamus lost it to be happy and have a good outcome and to get approved I don’t want anyone to hire me and then come away with the denial okay so in school I don’t want that any more than they do okay all right I have another question let me apply new Hitchin be with the same employer while we have a pending two done don’t you the same employer so personally yeah yeah so then you file a new h-1b visa with the same employer yep so they’re basically telling let the student in G be pending but I am going to start a brand new petition with the same employer to see if you can get a new visa just ignore this one our withdraw this petition listen I don’t know I mean I I suppose that you you could do that I don’t know but I mean I guess the question that I have for that is why would you do that yeah I think the answer is that person’s doing that to try to see if the next one doesn’t have to to 1g but that’s not the best typically for that if they put clearance received on the passport when somebody goes for stamping again probably the clearance they still have to go through to renew G next time as well once you get stamp to tune in G it’s going to keep coming right that that is yeah I share your opinion of that I I’m really skeptical that that

would be a workaround in other words the the logic is well I’m in two to one g1 I just start over file a new application and then the next one won’t a 2 to 1 G I don’t I’m skeptical okay can we draw the picture you know what hey I don’t want to Dlisted on Ong can can I just take the application back it’s possible to withdraw a pending 221 G sure okay you could say forget I mean if they have your passport then that’s that’s a concern but if they don’t have your passport and then you could just forget about it and you wouldn’t even really have to do anything okay because I know somebody who went for it can be stamping like three years back in Middle East and it was pending for more than one or two years and and he did not even know what happened to the case and the person went for f1 stamping recently and got f1 and then came into the US but he has no idea what happened to the case and that employer no relationship with the employer and he drops but he just went for another interview and then came back yeah I think that’s another example of how mysterious this all is no one knows what it’s about or why this happens or what they’re checking or what they’re fixing I mean you get all these results that when you look at them they just none of it makes sense right over wellhow why would that be that person got delayed for years and years for the last application to go for an f1 visa and it’s issued on the spot none of this is making any sense this is the absurd world we live in okay all right okay so how many days does the loss of filing actually takes place when we fight so do you deal with filing lawsuit for us CAS as well let’s say if there is an h-1b as denied so not we spoke so for 221 G but how about brand new head should be cuts out in the lottery are Fe and then empty are and then denied so do you deal with that as well so we do with delays at all sorts of points in the application process so for example you apply for you have a green card and you apply for naturalization you go to your naturalization interview and everything looks fine you deserve to be approved and you go in there and they say okay we’re gonna let you know and then a year goes by we sue and for naturalization there’s a specific law that says they have to make its decision within 120 days and if they don’t there’s a specific law that says you can sue most people don’t know about this so we sue to how people get approved for naturalization and it works very effectively there also there are people who go in for applications for green cards and through h1 for h-1b visas and things of that nature they apply they deserve to be approved but instead of being approved USCIS just makes them wait makes them wait for months years we sue to get those cases resolved I’ve had people who’ve been waiting for six or seven years for for green cards and everything’s delayed and we’re able to challenge those delays and you know I’ve filed the lawsuits a few more things a bit below Washington BC because that’s where all of the agencies for the government are headquartered and so what that does it allows me to help people regardless of where they’re located they don’t just have to be located here in California or in Massachusetts or New York or something like that they can I get cases from people in Florida Texas people in Hong Kong wherever they are so it doesn’t matter given the fact that we’re doing the cases in DC okay if a client approaches you typically what’s the timeframe how long does it take for you to have the initial conversation with them actually fighting the case what is the time duration yeah I prom I give all my clients a promise that I will file their lawsuit within two weeks unless their situation is extremely complicated and or or I’m really busy with something else I generally give all my clients a two-week guarantee when they hire me the lawsuit will be filed within two weeks okay all right sounds good all right Josh let’s give it another few more minutes to see if yeah what stands if not we will wrap it up any other things that somebody who was waiting on to Kondo ng our who’s trying to file should know about this process so based on your experience I think we’ve covered a lot of it a lot of the questions that I typically get another thing I just want to emphasize I’ve said it I’ll say it in a different way which is that the term administrative processing it sounds so official it sounds like there’s this official process that they’re putting you through called administrative

processing and but in fact it’s nothing of the sort administrative processing is just nonsense there’s nothing to it there’s nothing they’re actually checking or there’s no formal there are no for example there are no regulations that govern this there are no there’s no there are no written procedures that explain exactly what protocol they’re following or anything like that okay all right it’s basically less you said it’s a black black box or black hole once you go in yeah unless you either wait it out or do this mandamus suit to get them to take action that’s it those are the only two options it’s not all that complicated and the other things that people do are they contact their congressman they keep asking questions for the consulate and I think even though those techniques are ineffective in terms of resolving the delay I still recommend that people who are stuck in two to one do that because it’s important for the lawsuit to show that you’ve been diligent you’ve made all of these efforts so I like when people have done those things okay one last question I got a 221 G boost blue slip I always get that when I see this blue slip pink slip white sleep doesn’t make a difference but essentially it said what are paper they can find to print out at the point in time is what that matters right it doesn’t matter if it’s pink or blue or yellow I mean I when I hear the word two-to-one G it just makes me want to sue that’s that’s the only thing I think about it’s like waving a red cape before a bowl or something you know okay so the question goes like this boo slip North client letter and mismatch in salary mentioned in w2 and LCA a passport is retained by the visa officer one of the chances of approval um so what would you say so what are the details mismatch between the salary and the yeah WI yes yeah yeah well I don’t know I mean again I’d want to look at that carefully what did it say what was the salary on the LCA and what was the salary on the w-2 let’s say the person salary was seventy eight thousand two hundred and fifty dollars and maybe the number was seventy seven thousand or something so it’s just maybe there was a minor typographical error but on the other hand if the person said that they made fifty to seventy-five thousand dollars on the LCA but you look at the underlined w-2 and it says that they’re only made thirty-eight thousand well then I think we’ve got a bigger problem right and there’s some there’s some issue about whether the documents I think the contour then is asking some legitimate questions about whether the person truly is eligible because for an h-1b visa of one of the issues is whether the employer whether the salary is a prevailing wage and then whether the employer has the ability to pay that wage dip so I I didn’t need to ask more questions but I’m sure I’m wondering what what the deal is I’m so mend a mess you they have to respond before 60 days if s then why do case lawsuit itself X three to five months after that that’s a great question that’s a great question let me explain in more detail exactly how the lawsuit plays out cuz I think that’ll be instructive for people the question is hey if they have to respond in 60 days how come you’re saying it might take six months well at the end of the 60 days the government the attorney for the government always in every case asks me for additional time to respond to the lawsuit in every case and I always agree to that because it’s sort of the nature of the lawsuit even though I’ve been hired to get the visa approved as soon as possible I say great you can have a little more time because at that point after the 60 days that’s when they actually the attorney for the government is contacting the consulate and the gears of the bureaucracy are actually starting to move at that point and then at that point you you may see your case approved between 60 and and 90 days that case may be approved but if it’s not then maybe they’ll issue requests for some additional documents or they make you fill out the social media form or something like that but it’s really within that sixty to ninety days when when things start to happen but sometimes they come back and they fight you and they say well no we have no legal you know they make all sorts of legal arguments for why they don’t have to make a decision on the case and then I have to fight them and so we have a contest and sometimes the case is dragged on and sometimes the cases may drag on for six months or more and so the actual nature of the lawsuit is there’s a lot of back-and-forth and it’s not just even though they have the legal responsibility to respond in 60 days

it’s really sort of the beginning of this process okay all right so when they say when they fight back they file a response to your case to the court right or they directly have interaction with you yeah there’s some communication but if they file an answer to the lawsuit then we may have a fight on our hands and at that point then the may take longer or or something may be going on but most of my cases are resolved within three to five months okay sounds good alright just one more that’s a great case when filed differ between non-immigrant are and immigrant visas I think that the importance of the visa to you as an applicant may be greater if it’s an immigrant visa that may be the case so I think that there may be more at stake for an immigrant visa and therefore it may make more sense to file a mandamus lawsuit for an immigrant visa but conceptually it’s exactly the same the lawsuits should work the same and so on it’s depends what’s the impact to the person of the family so that is what yeah if it’s just a routine it let’s say someone contacts me like I’m into two 1g because I applied for a b2 visa I’m not sure it makes any sense at all to file a mandamus lawsuit for a delayed b2 visa on the other hand you know if your wife and children are in the US and you’re you’re stuck and you’re the father and husband and you’re stuck in your home country and your whole family’s in the US on visas then here’s a non-immigrant visa where there is an underlying equity that would be compelling enough that somebody would want to challenge the delay I mean I think has to be really important before you’re gonna go through the hassle of hiring someone to file a lawsuit in federal court sure and as we mentioned in example Josh I remember an example where wife and kids kids as he was born a wife they are here in the US the wife is going to school on h4 visa the husband went first stamping for h-1b got to two new ng after 221 G they denied the visa so ultimately they said we will deny this and then we’re going to send her a vocation notice to us EAS the wife and the kid are here in the US so they have to pack the bags and then travel immediately and she was halfway through her master’s program on h4 now she has to go for f1 interview to come and complete one semester and then it’s like so like that so I think that’s a case where you should definitely consider mandamus because there’s so much at stake and you know I think you should always consider mandamus when there’s a lot at stake all right okay all right Josh I think you spend a lot of time answering the lot of questions again Josh dot la is the site and anybody who’s ever yeah w-w-w-whoa go on there you can book an appointment with me you can also contact me through Facebook if you have questions about two to one g or how i can help you my full sympathy for anybody stuck in administrative processing anybody delayed in this situation but i want you to know that there is a way to fix this there is help but i’d love to chat with you about that all right awesome and if you if and when you reach out to Josh please just give a heads up down here you came through happy school so you came to know about him through this one or to the new Negro then at least he knows that I drove you to ask him thank you so much for having me on and it’s a great discussion thank you for creating this group as well which is a great resource for people to share their experiences and and so people know they’re not just waiting alone okay thanks a lot Josh and thanks everyone for doing this thank you take care thanks again

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