U.S embassy follows N.J court order
All’s well that ends well even if one had to get the court involved. Capitol News reported back in November that a Federal Judge had ordered the US Embassy here to make a decision in the case of an intended immigrant. The man’s case had been in limbo for nearly two years under what was called Administrative Review. Well the Embassy made a decision in the man’s favor and he was able to spend the holidays with his spouse from whom he had been separated because of his pending visa status for over two years.
New Jersey Federal Judge William Martini was asked by a Guyanese woman who sponsored her husband to the United States, to issue a writ of mandamus directing that the US Embassy either issue or refuse her husband a permanent resident visa.
The Judge ruled that while it may not be within the court’s jurisdiction to review how a consular officer arrived at a decision, it was certainly within the court’s mandate to instruct the Government officer to make a decision. The case arose from the fact that the husband received a letter from the U.S. Embassy in Guyana stating that he was found temporarily ineligible to receive a visa. That was since June 2011. The letter stated that the case required “Administrative Review” and that new information, when available, will be communicated to him in writing. The court found that over time there was no evidence of administrative review. After the matter ended up in the court the US embassy called in the husband to continue the process. And earlier last month the US Embassy not to be in violation of the court order made a decision and issued the visa.
Several persons have complained about delays in the immigration process where US embassies in the Caribbean have put them on pause so to speak for administrative review or claimed that there is a refusal on various grounds including failure to provide documentation or allegations of misconduct. The New Jersey Judge’s order is expected to make it clear that decisions have to be made according to the procedures laid down in the law. The Court ruled that intended immigrants simply cannot be told “your case is still pending” without a final decision being made.