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Any Sep-Nov 2006 I-485 filers waiting?
- Thread starter waitabit
- Start date
Wom
Good idea, BUT, see this discussion on murthy.com regarding USCIS ability to 'ignore' WOM:
http://www.murthy.com/news/n_polexp.html
I have contacted a congressperson - awaiting response. May try AILA before WOM.
Good idea, BUT, see this discussion on murthy.com regarding USCIS ability to 'ignore' WOM:
http://www.murthy.com/news/n_polexp.html
I have contacted a congressperson - awaiting response. May try AILA before WOM.
How can you try with AILA?
I saw murthy link you posted. It means USCIS will no longer ask FBI to do out of turn namecheck if you file WOM.(as it used to do earlier).
However if you win a WOM, you can get it cleared by court order. This article on Murthy was in May 2007 but I have seen some recent cases where namecheck was cleared after they won the case.
I saw murthy link you posted. It means USCIS will no longer ask FBI to do out of turn namecheck if you file WOM.(as it used to do earlier).
However if you win a WOM, you can get it cleared by court order. This article on Murthy was in May 2007 but I have seen some recent cases where namecheck was cleared after they won the case.
USCIS does not have to push the FBI to finish your name check, thats correct. But the court can. If you name the FBI as co-defendant, the court can order the FBI to complete the check. If you win your case, the FBI has no other choice than complying. There is some recent legislation that USCIS and the FBI can use to defend themselves, but some judges have refused to apply it here (the Real ID act). If you are lucky and you get your order from the judge, you are good to go.