等鸡肋2007-07-23 03:36:42
我的一个朋友建议我file MSJ, 下面是他理由, 请问,我是take no action just wait o若 do something like what he suggested? 麻烦了...谢谢

Filing of MSJ shouldn't be considered too pushy and Judges are supposed to act not based on emotion but based on arguments. There could be a couple of factors in play here. The first one is that your AUSA might be actively working on your case even when he/she is filing MTD etc etc. Therefore the Govt. wants to moot your case rather than get a judgment against it, which can then be quoted in other cases. The Judge might also want to do the same. Not exactly pass a Judgment as an I485 WoM is not as clear cut as a N400 WoM but wait for the case to moot itself. BTW which Circuit are you in ? One has to consider that if you are from an oversubscribed country, time is of essence as USCIS will run out of visa #s pretty quick. So filing MSJ is not at all pushy in that sense. I've seen MSJ in a lot of cases.

And if you lost your WoM it's not final. You can appeal at your Apellate court.
pbsize2007-07-23 04:26:16
谢谢你的回答。 我看等到5-6个月看看。 有的CASE等了5个月。