---My EB2 case has been pending over 3 years for NC.
is your PD current ? If not, it will be additional work.
---My lawer filed the WOM two month ago, then filed DISCOVERY REQUEST one week ago.
--Experts: What will happen next?
generally it will be two direction: 1. AUSA(government lawyer) file Motion to dismiss (MTD), then plaintiffs have 15 days to response to MTD, then Judge will decide next step.
2. AUSA contact with USCIS/FBI, if they agree to adjudicate your case soon, then they will not file MTD, and hold it until result from USCIS, sometime ask fro extension for more time to work it out.
---"I am writing to provide an updte on your case. The Government today indicated to the judge that it would be able to let us know what they will do within two weeks. We are scheduled to have a conference on February 5th at 9:30 with the judge (it will be just the lawyers).
---I expect to hear from the government whether or not they will fight the case before then. Hopefully they will not and we will receive a decision in your favor."
it really depend on which court you are in, some court, for example, Maryland district court, they already fight back, and Judge rule in favoring USCIS (dismiss the case).
If possible (check with your lawyer), even Lawyer will present for conference (many charge extra for appearing in the Court), you better show up by yourself: 1. this is life experience, 2. Even the chance is low, sometime the Lawyer may not necessary work for you. Heard one complaint, that the plaintiff's lawyer told the Judge that he though name check is very necessary for national security, and delaying is justified for reason of national security... Can you image that ?
is your PD current ? If not, it will be additional work.
---My lawer filed the WOM two month ago, then filed DISCOVERY REQUEST one week ago.
--Experts: What will happen next?
generally it will be two direction: 1. AUSA(government lawyer) file Motion to dismiss (MTD), then plaintiffs have 15 days to response to MTD, then Judge will decide next step.
2. AUSA contact with USCIS/FBI, if they agree to adjudicate your case soon, then they will not file MTD, and hold it until result from USCIS, sometime ask fro extension for more time to work it out.
---"I am writing to provide an updte on your case. The Government today indicated to the judge that it would be able to let us know what they will do within two weeks. We are scheduled to have a conference on February 5th at 9:30 with the judge (it will be just the lawyers).
---I expect to hear from the government whether or not they will fight the case before then. Hopefully they will not and we will receive a decision in your favor."
it really depend on which court you are in, some court, for example, Maryland district court, they already fight back, and Judge rule in favoring USCIS (dismiss the case).
If possible (check with your lawyer), even Lawyer will present for conference (many charge extra for appearing in the Court), you better show up by yourself: 1. this is life experience, 2. Even the chance is low, sometime the Lawyer may not necessary work for you. Heard one complaint, that the plaintiff's lawyer told the Judge that he though name check is very necessary for national security, and delaying is justified for reason of national security... Can you image that ?
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