Wait a little...longer...
AMG_Driver said:
Well, that's one of the options I am going to take, but whatever it is, have to wait until what my lawyer says at tomorrow's meeting. Keeping my fingers crossed.
AMG,
I will side with Dr. Lha on this one. I think the filing of WOM will be easily dismissed by US attorney as not having merits before the court, and he will be justified and the judge will approve this motion without hearing your side of the issue. Remember that the courts always seek to correct injustices inflicted on the public by anyone or institutions....
I am afraid that your case doesn't rise to the level which can draw sympathy from the judge. In all fairness, the judge will see your case as an attempt to bully USCIS. USCIS can claim FBI has jurisdiction on your matter, name check is pending and USCIS can't force FBI to clear a name while they are doing an investigation....
As such, you ought to sue the FBI, and will be curious to find out what will be the basis of your lawsuit against the FBI.
Also, 120 days statute was instituted to force adjudication of naturalization cases. For other applicants of other immigration benefits, people are yet to have their rove vs wade of those petitions...
However, filing a WOM should be your last recourse, after writing letters to USCIS like twice a month, to inquire about what is eating and holding the conclusion of your case. When you go to court, you ought to prove that you exhausted all remedies available to you.
For example, someone rear-ended my car couple of weeks ago, lied to his insurance company and they denied my claim. So, I have written to the claims dept of this Co, twice, wrote a letter to the person in charge of their claims depart, and to the CEO. I also wrote to the Commissoner of Insurance in my state, but I was not happy with the resolution or mediation of the matter. So, what I did was that I prepared the lawsuit against the driver, his company, and the insurance company. I am serving lawsuit to three parties in the new year, so that I can blast them.... As such, when I go before the court, I have a record of all the steps that I took to seek remedy before filing a case in a court of law, rather be seen as filing frivilous lawsuits...
Smoking gun in my case: there is a video surveillance in the area which caught the entire accident on tape, and I was able to get a copy of from the company, so when I get to court... I am going to be vindicated...and paid for damaging my baby....