since I didn't see your MTD and response to MTD, it will be hard to answer this question.
I saw lots of lawyer simply ask court for oral argument without elaborating anything. sometime this work since many US attorney want to avoid this. However, there is some risk, if they show up and you are ill-prepared, you can guess what will happen.
another strategy is that after filing response to MTD, they just wait, meanwhile, US attorney try to push USCIS/FBI to finish their job so you will dismiss the case voluntarily. If you push too hard and judge make decision BEFORE USCIS do something, you will have some risk, since so far the ruling is mixed-most dependant on which court you are in.
If you think your lawyer already do lots of work on the response, and there are similar case favoriable to plaintiff, then go for it.
I saw lots of lawyer simply ask court for oral argument without elaborating anything. sometime this work since many US attorney want to avoid this. However, there is some risk, if they show up and you are ill-prepared, you can guess what will happen.
another strategy is that after filing response to MTD, they just wait, meanwhile, US attorney try to push USCIS/FBI to finish their job so you will dismiss the case voluntarily. If you push too hard and judge make decision BEFORE USCIS do something, you will have some risk, since so far the ruling is mixed-most dependant on which court you are in.
If you think your lawyer already do lots of work on the response, and there are similar case favoriable to plaintiff, then go for it.
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