Suzy977 said:
This is one of the few cases when "I told you so" doesn't bring me a bit of satisfaction
On July 03, the Judge may ask them to adjudicate your case within a certain period of time. By adjudicating, they, USCIS can very easily deny your Naturalization application on grounds that you FBI Name Check is not cleared.
Why did you file a Writ of Mandamus and not a 1447(b)
If I was in your shoes, I'll dismiss without prejudice the Mandamus and Tuesday, after Memorial Day, I'll file a 1447(b)
This is what I'll do...please use your own judgment and ask for a second opinion, God forbidden things go wrong then you'll hate me for the rest of your life.
i will have to disagree with Suy on this
filing WOM in this case is not bad thign to do , considerign that you can always use 1447 (B) in as supporting element in your argument, whithout actually having to restart thecase over.
it is probably ginna few days for you to get to their response, so you can find it rthrough PACER, or give your information to one of us and we can pull it out for you(personally i will be happy to do it ffor you)
then findout what their asnwer is, and whatever it was , it can not be anything differetn that the million excuses thay have used before , and have been defeated before in court, so find wich excuse they have used this time, and am sure we can find the documents that other cases have used before to defeat it.
gather al these document, and sit down, and write a counter argumnet, and file it with the court, and review it very well, so when it come to the conference, you know what to say.
another to rememner , some time they may get behind in trying to finish your name check before the end of the 60 days, so what they do in this case( realsuperK can tell you this) they will file anything at the last minute just to buy them enough time to finish your case, i would not be surprised when you rceice an e-mail , or phone call before the july conference telling you that your application is finished, and you are ready to take the oath, again it have happened to many people here, bashar, and others.
so dont get discouraged, dont dismiss your case, keep as it is WOM, and bring along 1447(b), as a supporting document, for your argumnet, review their asnwers, and prepare a strong counter argument,
and lets all remember, just because they wanna try the case, it doesnt mean they will win, they have lost it soo many time, and this one should be ecception
sfaizullah
checked the usps.com and the court (as well as District Attorney) received the return of service package today.
I know that someone suggested that after this stage one needs to start sending the court/District Attorney lots of cases that has won in similar situations. When is the right time? My clock started 05/13/06 (sued them 05/05/06.
it is always good to gather whatever supporting documents you can lay your hands on, but i think that this almost like playing a poker, you dont reveal all your cards, at once, meaning that you can gather all you can , and keep untill you need it, like in the case
SlowJediif they tried to file some of theri excuse, make sure you have some you can add in addition to what you have already wrote in your complaints, so you dont appear weak, and out of any argument, or if they decided to finish thecase before it tried, then you have saved yourself extra effort, you didnt need to make, gather all yuo can get, study as much as you can, keep it till when you need, you have already made your complaints, and stated you fact, now it is their turn to show what they got, then you can bring your back up.