true
I read the attachment, but can't the court force them to adjudicate the application within a certain timeline, thereby compelling the USCIS to request expedited NC? May be, I am still in two years ago world!!!
Sarasota,
This might be disappointing, but on Feb 20, USCIS released a memo stating that pending litigation would not automatically cause them to request expeditious name check processing from the FBI. Unfortunately this negates the argument that a WOM is one of the only ways that an FBI Name Check would be expedited. Ergo, this negates the potential exhibit.
Now, I don't know WOM specifics (stuck in name check myself since April 2006), but you might be able to put forth the argument that USCIS has in the past (recent past) requested the FBI to expedite name checks based on a WOM.
Here's a copy of the memo dated Feb 20. I hope other folks can offer further insight.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
The wording is interesting, since they say WOM is not the "only" reason...well I can read it as if its not the sole reason, then it could be "a" reason....so I'd use this as well.
Good luck!
I read the attachment, but can't the court force them to adjudicate the application within a certain timeline, thereby compelling the USCIS to request expedited NC? May be, I am still in two years ago world!!!