回复:Just got the call from AUSA about my WOM case
there is some confusion here:
1. even with visa retrogression, Court can still do something, once the Court declare jurisdiction, the jurisdiction transfer from USCIS to Federal Court, and court can rule anything (can over-rule any regulation of USCIS, but it is rare that the Judge will do that)
2. indeed the visa retrogression will complicate those WOM cases if visa become unavailable for them. Still, can first push FBI to complete the name check (since visa is available during your pending period, and if FBI fulfill their duty to complete the name check, you are eligible to get GC by then)
so suggest you talk to the AUSA, and ask them to push FBI, and agree to extend for 30 days if they are willing to resolve the case.
also depend on which district, if there is preceding case ( judge denied the AUSA's MTD), then AUSA will be hesitated to file MTD, otherwise, AUSA will fill MTD anyway