I have a meeting with the lawyer today. My wife's case is dismissed but when I objected, he didn't respond to my AUSA. I'm planning to ask him to call AUSA in front of me and ask him if we dismiss, are we sure we will get a response in 30 days? If we don't, can we reinstate immediately after 30 days? Also, I'll ask my lawyer to follow up in another 15 days. I'm not convinced that they will be able to do something in 30 days (1 week has passed for my wife)since nothing has happened in last 4 months after filing lawsuit.
Please respond with your ideas, it really helps...
GC,
I think you are wasting your time, you should go ahead and dismiss the lawsuit because the AUSA has to make a good faith commitment to ensure USCIS resolves your case. What the AUSA can't do is this: "Mr GC, we will adjudicate you case on Oct 11, 2010 at 11am". The AUSA doesn't deal with IO, she/he will deal with supervisors who regularly work on these cases and usually issue directives to IOs to resolve those cases and report back to them, which in turn the communication is send to the AUSA to file with the request for dismissal. Final step involves you getting a letter of approval or denial.
One of the issues you have to understand is this, your case is NOT the only one which the DO is dealing with as it pertains to 1447 (B) filing, so for other people who sued before you, their cases are being resolved now. I would strongly recommend that you find the courage to be more patient and trust your lawyer. Personally, as a lawyer I would be offended if my client came to my office and told me, Southner call the AUSA and tell him I want him or her to do this and I want to be hear this conversation myself, it could create the bad relationship which you seek to avoid. I am certain after reading your post, the lawyer you have is a competent one and with your best interest at heart. Remember, best outcomes in such situation aren't created by a confrontational stance with the AUSA, but more collaborative efforts recognizing that the AUSA and your lawyer are court officers, with the commitment to practice their trades with the highest level of ethical conduct aimed at serving all parties. Each week that passes without you dismissing the lawsuit, you delay the final decision. 30 days is in most cases, sufficient time to resolve the N400 issues. The worst that can happen is to refile, which won't happen, because most AUSA want to be the TUSA themselves...
My friend, go to Whole Foods, find yourself some acai berry juice, bananas, blueberries and some orange, get home and make yourself a monster smoothie, it will do wonders to your patience level.