Wrong Visa Preference Category

Summary

The National Visa Center (NVC) assigns preference categories based on family or employment relationships. Relevant regulations include 8 CFR § 204.1, which governs the filing and adjudication of petitions for family and employment-based immigrant visas, and Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966), which discusses errors in preference categories. For Mandamus actions, refer to 28 U.S.C. § 1361, which grants district courts jurisdiction to compel an officer or employee of the United States to perform a duty owed to the plaintiff, and 8 U.S.C. § 1252(a)(2)(B)(ii), which limits judicial review of discretionary decisions. Consult the Oregon District Court for specific filing procedures.

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I am not sure, I am drafting a memo for my supervisor
To assist you better with your memo, here are the relevant points:
- *** CFR § *.***: Governs the filing and adjudication of petitions for family and employment-based immigrant visas.
- **Matter of Brantigan, * I&N Dec. * (BIA *)**: Discusses errors in preference categories.
Could you specify which preference category was incorrectly assigned to your client? This will help in providing more targeted case law or regulations.
I need cases about NVC assinging wrong prefrence category and client then filing a Mandamus action
For cases involving the National Visa Center (NVC) assigning the wrong preference category and subsequent Mandamus action, consider the following:
- *** U.S.C. § *(a)(*)(B)(ii)**: Limits judicial review of discretionary decisions.
- **Matter of Brantigan, * I&N Dec. * (BIA *)**: Discusses preference category errors.
- **Serrano v. U.S. Atty. Gen., * Fed. Appx. * (11th Cir. *)**: Involves review of visa preference categories.
Could you provide more details on the nature of the error or any specific issues faced with the Mandamus action?
What is the regulation for filing a Mandamus
To file a Mandamus action in Oregon, particularly concerning immigration issues, consider the following regulations:
- *** U.S.C. § ***: Grants district courts jurisdiction to compel an officer or employee of the United States or any agency to perform a duty owed to the plaintiff.
- *** U.S.C. § *(a)(*)(B)(ii)**: Limits judicial review of discretionary decisions.

Oregon District Court


Phone: (*) *-*
Website: www.ord.uscourts.gov

Can you specify any particular issues or details you need for filing the Mandamus action?