N-400 under supervisor's review for 11 months

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karabas

Registered Users (C)
Hi All: I had my naturalization interview in Oct 2007 (Newark DO). At the time of the interview I asked and was told that all background checks are OK. No criminal records or any other problems (except for the muslim name :). Passed the test and was givev a N-652 with 'you passed the test' and 'the decison can not be made'. Was told by the IO that it has to be approved by the supervisor. Since 11 months - NO answer from CIS. Wrote numerous letters, NO answer. An inquiry from my state representative confirmed that the case is still under supervisors review. What to do?
 
karabas said:
Hi All: I had my naturalization interview in Oct 2007 (Newark DO). At the time of the interview I asked and was told that all background checks are OK. No criminal records or any other problems (except for the muslim name :). Passed the test and was givev a N-652 with 'you passed the test' and 'the decison can not be made'. Was told by the IO that it has to be approved by the supervisor. Since 11 months - NO answer from CIS. Wrote numerous letters, NO answer. An inquiry from my state representative confirmed that the case is still under supervisors review. What to do?
Click to expand...

It's time to consider filing a WOM under 1447(b). Per USCIS's own regulations, your application should have been adjudicated within 120 days of your interview. It appears that your file has been lost. If you file a WOM, it'll be magically found and you'll get your oath letter within a couple of months.
 
karabas said:
Hi All: I had my naturalization interview in Oct 2007 (Newark DO). At the time of the interview I asked and was told that all background checks are OK. No criminal records or any other problems (except for the muslim name :). Passed the test and was givev a N-652 with 'you passed the test' and 'the decison can not be made'. Was told by the IO that it has to be approved by the supervisor. Since 11 months - NO answer from CIS. Wrote numerous letters, NO answer. An inquiry from my state representative confirmed that the case is still under supervisors review. What to do?
Click to expand...

No other option other than getting a lawyer and suing USCIS. It may cost you a lot of money, but it is worth if you want to become a US citizen.

Is there anything else in your background other than having a muslim name ?

Thanks
 
Actually, it's not necessary to get a lawyer for a WOM, especially if you're filing under 1447(b). You don't need to be a rocket scientist to do this. Read the sticky thread dealing with suing the USCIS. It'll give you all the necessary information to file a pro se lawsuit against the USCIS.
 
Thanks all. Do any of you know if legal action against USCIS could trigger some kind of retaliation?
 
Go for it !

No, it would not trigger anything. USCIS may look into your file deeply but if you have a clean history, why worry......go for it. File 1447b coz waiting is not going to bring any results or outcome at this time. You have waited approx 1 year and this is too long esp when you are already done with your interview.
 
Go for it!!

karabas,

Agree with Atlanta_Brother and Vorpal. Looks like lost/misplaced file or other CIS' internal problem. Seeing other people's experience, the only way to make your case moving is filing lawsuit. Kind of hard to believe, but true. You'll see positive results in 2 months or earlier.
 
Thank you all. My fingerprints expired a week ago. Shall I schedule an InfoPass and have them renewed before filing a lawsuite? Or shall I wait for the scheduling letter from CIS?
 
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