as always, the USCiS have no standards in doing one thing the same way, so just as they process th epeition different, they also deals with the court cases different, probably depending on what mod they are in, or i dont know, so it is not a surpise to see them resolving one cases very quickly, and raising the hell about other cases too.
but, what i have always said, and keep saying is that we have to be prepared for the fight before filing a case with the court.
Originally Posted by greencard12
hi, guys,
I need your help here. As I posted earlier, I filed WOM for AOS on April 6, 2006. Today I called district attorney. The guy who is handling my case informed me that he would file a motion to dismiss the case for lack of jurisdiction. It looks like I have a bad luck. I am really depressed now. I have already been waiting for three years for the name check process to be completed.
I will definitely fight back. I have not got the motion yet. Guys, I really need your help. What will I suppose to do? Write a "counter-motion"? What things should I put on it?
so yes , you have to fight back, and they can file all the motions they want, and jursdiction is the easiest motion to defeat, all you have to do , is to look at the decisions, that have been made by the courts ruling, regarding the a case similar to yours( 1447, or i 485), and tell this lawyer, that he can not know more than these judge who have not only accepted th jusrsdiction, but also rendered a powerful judgement against what he is trying to defend.
Yousif
Are there anything out there that will show that the USCIS can ask the FBI to expedite and that the FBI can actually finish a name check in 48 hours?
i have started that rumor about 48 hours, which am confident i have seen on some document, but unfortunatly i cant find, but the point is the USCIS do make expedit nam check, and whats important is that the statute obligated them to make a decision about a naturalization case within 120 days form the examination date and you and i should not , and are supposed to tell them how to do their job, they should go by the text of the statute, and that what all the court ruling have said, as far as a paper proof of them expediting the name check for some cases, is something you cant find easily, because this type of information is not only hard to get, but also, could be subjected to the prvacy laws, and that why the USCIS have been very smart in settleing this case before they get to court, so no one really what happen with the case, since it have been dismissed by the plaintiff, or they might even expedite the check, finish , adjusicate the case, and all they have to say is your case have been completed, so it wont easy for any one, specially some one who is not a lwyer to find out how or why these case have been approved, and dismissed before they get to trial, so my adive is that you should try to avoid these type of deragotarie, since you cant prove it, and it will be better for you ro stick the statute, its application, that have been reinforced, and validated by the court.as far the report that say the UsCis can expedite the nam check, it is the dhs inspector general report, is available here somehwere on this forum,but if you need it , i will happy to post it on here again.
in short, be prepared , dont be cough in a moment of weakeness, and use all the document availbale here wisely, taht should get you what you want, particularly, the naturalization cases, these are as straight forward as the sun in a july sunny day, no one can miss it, no matter how hard the USCIS wanna play it, unless when there is other complication, like previous criminal history conviction, or some liek that.
