Decision cannot be made because of missing 2nd A-file

Fundamental Questions about Duplicate A# Issue for N-400.

n400_app said:
Had my interview today. IO said decision cannot be made because I have a 2nd A file. They are still waiting for the 2nd A file. Anybody in this same situation and how long will it take to get a decision? Note that I passed the English and History test.
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I would like to know how duplicate A# issues crop-up for N-400.

  1. Did you have an A# different in the NOA or FP notice than what you had in your Green-Card?
  2. Did you ever have a duplicate A# issue during your Green-Card processing that gets carried on to N-400?
  3. Did you come to know of duplicate A# issue only when the Officer stated during the N-400 interview that this situation existed?
 
I have 2 A# (one for OPT-F1 and other for Green card) and thats the reason it seems my case was delayed. I haven't got the Oath letter yet.
 
gcdetails said:
I have 2 A# (one for OPT-F1 and other for Green card) and thats the reason it seems my case was delayed. I haven't got the Oath letter yet.
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Is your lawsuit still pending? Since you've filed it almost 3 months ago, I assume you've already received an response from the AUSA?
 
Yes, AUSA requested extension till 9/7/2010 from court and also from my attorney and were granted. I have to wait 20 more days and will get to know. there are very few lawsuit in Baltimore, MD. Only 3 this year, I think they don't care about it that much.
 
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gcdetails said:
Yes, there requested extension till 9/7/2010 from court and also from my attorney and were granted. I have to wait 20 more days and will get to know. there are very few lawsuit in Baltimore, MD. Only 3 this year, I think they don't care about it that much.
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You'd be surprised - they care VERY much about 1447(b) lawsuits. In fact, asking for an extension is a very common stalling tactic on the part of the AUSA, so common that just about every lawsuit based on 1447(b) encounters one of these. Based on the date of your filing, I'm guessing the AUSA asked for 60 days? I have a feeling that you'll be getting an oath letter by September 7. If the AUSA asks for another extension, you are under no obligation to grant it, being that your case is already unreasonably delayed and the USCIS had plenty of time to decide it. Keep in mind that they prefer to settle these lawsuits and get them dismissed, rather than go to trial (which makes them look bad). Also, your case has already been approved - there really is no reason not to issue your oath letter expeditiously.
 
Vorpal said:
Also, your case has already been approved - there really is no reason not to issue your oath letter expeditiously.
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Well it's been recommended for approval..USICS's way of saying it's pending final approval upon verification and sign off by a supervisor.
 
My case is in the queue for Oath also but my wife's case is still pending. They requested the docs again on Jul 3rd (God knows what), thats what their record says.
I hope I get something by 9th Sep. The lawyer said that the litigation is very expensive, so I don't have an option. I saw some cases on PACER where the AUSA has requested even 3 extensions and delayed it for further 6 months.
 
gcdetails said:
The lawyer said that the litigation is very expensive, so I don't have an option. I saw some cases on PACER where the AUSA has requested even 3 extensions and delayed it for further 6 months.
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Well you do have an option if the AUSA keeps delaying by filing for extensions: file your own motion showing why extension shouldn't be granted.
 
Bobsmyth said:
Well it's been recommended for approval..USICS's way of saying it's pending final approval upon verification and sign off by a supervisor.
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If the case is in queue for oath, I think it's safe to assume that it's been approved by a supervisor. Then again, you know what they say about assumptions!
 
I only have one week left. I will request the attorney to avoid another extension and give a small extension even if he has to.
 
Finally took my oath yesterday. Contacted an attorney after 120days with no decision. He wrote a letter to a USCIS attorney at the field office informing them that we are about to file a lawsuit if a decision is not made soon. It took almost 4 weeks and my lawyer called the USCIS attorney to inquire if there was any update. A couple of hours later I got a call that my case has been approved and that I should come in for the oath ceremony the next day.
 
n400_app,

I have similar situation like you. I had my interview on August 26th and receive no decision yet. My interview officer didn't ask me to submit any additional docs nor told me anything about 2nd A-file. I think after 120 days, I want to follow your step and hire a lawyer. Quick questions, where was your field office? If it's in San Francisco, can I get your lawyer information please? Thanks so much

n400_app said:
Finally took my oath yesterday. Contacted an attorney after 120days with no decision. He wrote a letter to a USCIS attorney at the field office informing them that we are about to file a lawsuit if a decision is not made soon. It took almost 4 weeks and my lawyer called the USCIS attorney to inquire if there was any update. A couple of hours later I got a call that my case has been approved and that I should come in for the oath ceremony the next day.
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