now 99% cases will get MTD starting recently, there are mixes ruling from judges.
first, search recent similar cases in your federal court, if the judge favor plaintiff, for instance (deny the MTD), then go for it, otherwise, you better just keep sending letter to first lady, senators.
I checked all recently records in 1st circuit (MA, maine, NH, RI), only a few records from maine, NH, all solved without MTD. one case in RI, granted MTD, and in the process of appeal.
IN MA, there are tons of cases(make sense considering thousands Chinese reside here and many work for high-tech). Most cases starting 2007 got MTD, and responding to MTD pending. One judge denied MTD on 6/1/2007, one ask Government for details of the application progress. I believed this is the first ruling regarding I485 MTD. Hope other judge will follow it.
All MTDs originated from same template, you can definitely DIY if you have time. Just do the research before you start. There are some tricks in the complaints
1. the ultimate adjustment of status decision is 'entirely discretionary' so the court lack jurisdiction. (in other word, you can NOT ask for approval notice in your complain.
2. There are mixed resulting regarding the 'USCIS has a non-discretionary duty to process the application", however, this is the only trick we can play in order to force them do something.
3. statute citation: all MTD focus on three statutes: 28 U.S.C §1361, U.S.C. §1331, 5 U.S.C. §551
4. avoiding facts with NOT related with your I485.
first, search recent similar cases in your federal court, if the judge favor plaintiff, for instance (deny the MTD), then go for it, otherwise, you better just keep sending letter to first lady, senators.
I checked all recently records in 1st circuit (MA, maine, NH, RI), only a few records from maine, NH, all solved without MTD. one case in RI, granted MTD, and in the process of appeal.
IN MA, there are tons of cases(make sense considering thousands Chinese reside here and many work for high-tech). Most cases starting 2007 got MTD, and responding to MTD pending. One judge denied MTD on 6/1/2007, one ask Government for details of the application progress. I believed this is the first ruling regarding I485 MTD. Hope other judge will follow it.
All MTDs originated from same template, you can definitely DIY if you have time. Just do the research before you start. There are some tricks in the complaints
1. the ultimate adjustment of status decision is 'entirely discretionary' so the court lack jurisdiction. (in other word, you can NOT ask for approval notice in your complain.
2. There are mixed resulting regarding the 'USCIS has a non-discretionary duty to process the application", however, this is the only trick we can play in order to force them do something.
3. statute citation: all MTD focus on three statutes: 28 U.S.C §1361, U.S.C. §1331, 5 U.S.C. §551
4. avoiding facts with NOT related with your I485.
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