回複:To Bioinfo, questions regarding WOM

來源: bioinfo 2007-10-17 08:56:38 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1235 bytes)
1. Starting 2007, USCIS will not automatically expedite NC just because you file WOM, only AUSA (government attorney) will push USCIS/FBI, they file MTD to discourage people(we saw many people gave up once they received the MTD), also MTD will buy some time for AUSA. Typically after receiving complaints, AUSA will send request to FBI if they think it is hard to win (for example, pending too long, perfect complaint ...). They have to 2-month to decide the next step. if it is close to solve after the 2-month period, they will file extension(say NC done, give some time for USCIS to finish the work), or file MTD if NC still pending. plaintiff have 2-3 weeks to response. Reponse to MTD is hard work, since you need to read lots of cases. If you file back with a reasonable response, AUSA may send second request to FBI to avoid further fight. After that, if the court deny the MTD, then it almost means the AUSA are going to lose since the major argument for AUSA is this court lack jurisidiction. Denying MTD means the court will further investigate the case, and will be big headache for AUSA since it is for them to argue a few years' delay is reasonable... normally they will again ask FBI to expedite the case soon ....
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