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Arm G
1h
Any recent experience filing WOM and getting dismissed due lack of jurisdiction?
Thinking about WOM at 18 months but I've seen some recent cases getting dismissed by the court due to lack of jurisdiction in Florida. so I would like to know some experiences positives or negatives
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Marvin Mejia27m
@Arm G Lack of jurisdiction can happen for several reasons. For example, the court may find that USCIS still has discretion over the timing of the adjudication, that there is no clear nondiscretionary duty requiring USCIS to adjudicate the application within a specific timeframe, or that the statutes involved limit judicial review of certain USCIS actions or delays. It can also depend on how the WOM/APA complaint is pleaded and the specific type of immigration application involved. A dismissal for lack of jurisdiction does not necessarily mean that 18 months is “too short”; the legal issue can be whether that particular federal court believes it has authority to order USCIS to act. Different federal courts can interpret these jurisdictional issues differently.

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