New York City - N-400 Timeline - Naturalization Experiences

My ESC No. is ESC*002080XXX.

scoomara and nyc_newbie, were your applications recommended for approval or did you get "decision cannot be made at this time" checked off? scoomara, if you don't receive an oath letter within 120 days of your interview, you can file a WOM under 1447(b). 1447(b) is a legal provision, stating that a decision on a case must be made within 120 days of the interview.
In my case, the IO checked "uscis will mail you a written decision". In my mind, I thought, well, the IO will simply take my file to the supervisor for review, and then I would get a letter in less than a month. I guess I was wrong.
 
Hi Vorpal,

This is where the tick mark is on my N-652. It further states "At this time, it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony"

Hmmmm, I hope that doesn't mean that there's now an oath backlog in NYC. I still have a feeling that your file is sitting on some supervisor's desk. Your interview was in mid-April, correct? Also, was your interview conducted at Fed Plaza or Garden City?
 
Hi Vorpal,

My interview was on April 17th, 08 at 26 Federal Plaza in Manhattan. If you look at my previous posts my case is a bit complicated. I'm not sure if they are doing additional checks or it is sitting on some desk.
 
Hi Vorpal,

My interview was on April 17th, 08 at 26 Federal Plaza in Manhattan. If you look at my previous posts my case is a bit complicated. I'm not sure if they are doing additional checks or it is sitting on some desk.

I just checked out some of your previous posts. It's definitely possible that they may be digging a bit deeper into your order of protection issues. However, an order of protection, in and of itself, will not result in denial of your application. It's not that difficult to obtain an order of protection, especially if there's a rocky marriage involved. As long as there was no domestic violence tied in, this should be resolved in your favor.
 
The thought that my file may be just sitting on someone's desk unattended for almost 3 months now is what pisses me off. I wish the IO had requested me to go look for the receipts or something because even requesting a DMV record on me will just confirm what I said and brought to the interview. I also know that no matter how many background checks they might perform on my record, they won't find anything simply because there is nothing else.
That's why this waiting game can become so frustrating!

I have made 2 infopass visits already, one in May and another in June and you are right Vorpal, the official line is "the IO has 120 days to make a decision on your case". They won't even bother to get into details about it.
Since 90 days will be coming up soon, I'll definitely make another infopass.
Do you know if they will respond differently to my infopass inquiry at 90 days?

Were there any complications with your case? Again, I highly doubt they care about checking your driving record, so I'd exclude that from the list of possibilities.

Considering that 90 days is only 30 days away from the deadline by which a decision in your case must be made, they will most likely open a service inquiry on your case. I've seen the 90 day timeframe pop up in various threads on this board, and it seems to be the minimum reported time elapsed from the interview when the IOs will actually give you a response other than "we have 120 days". I honestly hope that your and scoomara's oath delays are fluke occurrences and not a sign of things to come for NYC.
 
Were there any complications with your case? Again, I highly doubt they care about checking your driving record, so I'd exclude that from the list of possibilities.

Considering that 90 days is only 30 days away from the deadline by which a decision in your case must be made, they will most likely open a service inquiry on your case. I've seen the 90 day timeframe pop up in various threads on this board, and it seems to be the minimum reported time elapsed from the interview when the IOs will actually give you a response other than "we have 120 days". I honestly hope that your and scoomara's oath delays are fluke occurrences and not a sign of things to come for NYC.
As far as I can remember, and I think I remember everything from that interview, the IO spent way too much time asking about the tickets and criticizing the certificates of disposition from the courts (saying they were not enough evidence and that they lacked enough details). We still went through my application and confirmed all the information I had filled in and at no point did anything else in my application become an issue.

The only thing I noticed was that the IO seemed moody from the get go. If I remember correctly, she didn't even say hi to me when she came to get me from the waiting room and I found that very odd. So, it's very likely that my case may be unique in the sense that I probably caught an IO who was having a bad day, or just "one of those" IOs you don't want handling your case.

I'll peg my hopes on the 90 day timeframe and hope that they'll open a service request on the case when I make the infopass visit.
 
As far as I can remember, and I think I remember everything from that interview, the IO spent way too much time asking about the tickets and criticizing the certificates of disposition from the courts (saying they were not enough evidence and that they lacked enough details). We still went through my application and confirmed all the information I had filled in and at no point did anything else in my application become an issue.

The only thing I noticed was that the IO seemed moody from the get go. If I remember correctly, she didn't even say hi to me when she came to get me from the waiting room and I found that very odd. So, it's very likely that my case may be unique in the sense that I probably caught an IO who was having a bad day, or just "one of those" IOs you don't want handling your case.

I'll peg my hopes on the 90 day timeframe and hope that they'll open a service request on the case when I make the infopass visit.

I just reread your first post, where you described how the IO grilled you about the speeding tickets. I wouldn't be surprised if the IO had some sort of an issue with a speeding driver and took her aggressions out on you. She was criticizing you for insufficient evidence??? She shouldn't have been asking you for evidence to begin with, as indicated in the Guide to Naturalization!!! If your IO had some sort of a personal agenda against speeding drivers, your naturalization interview was most certainly NOT the venue to display it. I would assume that you remember the IO's name, right? When you schedule your next InfoPass, make sure that you request to speak to a supervisor and tell him/her your interview experience. I'd also bring along a printed copy of the Guide to Naturalization and point out that it's not necessary to submit proof of payment for non-DUI/DWI/less than $500 traffic violations. It's quite possible that someone is purposely jerking you around.
 
It's quite possible that someone is purposely jerking you around.
I think you are exactly right. You should have seen her face when she was asking about the tickets! I was like WTF! All these because of speeding tickets??? It's not like I was caught driving 100 MPH. One ticket was 65/55, the other was 56/55 (reduced by the traffic police officer) and the other one was 46/30.

In fact the last thing she asked me at the end of the interview when she was getting ready to escort me out was whether I had any other document that I wanted to show her especially regarding those tickets! And I calmly said no. I thought she was going to give me a RFE but she didn't. Another thing, towards the end of the interview, I remember her asking "were you ticketed for driving too slow?" and I was like what's that all about? All the evidence in front of her said 'speeding' and she's asking me whether I was ticketed for driving too slow? And then I realized it was most likely a trick question and she was probably trying to see if she can build a "good moral character" case against me. So I simply said I was ticketed for 'driving above the speed limit' hoping that that was clear enough.

So yes, she did seem a little obsessed with the tickets and like you said, I had the same feeling that she was getting a little too personal about it.

I'll give it a shot and see whether they'll let me speak to a supervisor about the case because honestly, I didn't think the IO was even making any effort to be professional during the interview and that may very well be the reason why I'm still here waiting.
 
I think you are exactly right. You should have seen her face when she was asking about the tickets! I was like WTF! All these because of speeding tickets??? It's not like I was caught driving 100 MPH. One ticket was 65/55, the other was 56/55 (reduced by the traffic police officer) and the other one was 46/30.

In fact the last thing she asked me at the end of the interview when she was getting ready to escort me out was whether I had any other document that I wanted to show her especially regarding those tickets! And I calmly said no. I thought she was going to give me a RFE but she didn't. Another thing, towards the end of the interview, I remember her asking "were you ticketed for driving too slow?" and I was like what's that all about? All the evidence in front of her said 'speeding' and she's asking me whether I was ticketed for driving too slow? And then I realized it was most likely a trick question and she was probably trying to see if she can build a "good moral character" case against me. So I simply said I was ticketed for 'driving above the speed limit' hoping that that was clear enough.

So yes, she did seem a little obsessed with the tickets and like you said, I had the same feeling that she was getting a little too personal about it.

I'll give it a shot and see whether they'll let me speak to a supervisor about the case because honestly, I didn't think the IO was even making any effort to be professional during the interview and that may very well be the reason why I'm still here waiting.

She actually asked you if you were ever ticketed for driving too slow??? If that's not harassment in its purest form, I don't know what is. I bet that you didn't receive an RFE because she knows very well that you don't need to submit proof for the type of tickets you were given. Not only should you speak to a supervisor at your next InfoPass, you should also consider filing an official complaint against the IO who conducted (more like MISconducted) your interview. I seriously hope that you have her name...at least her initials.

On the other hand, you've given me one more reason not to even mention any of my traffic violations.
 
Sorry did not read the earlier posts. Same here in DC DO some IOs are sticklers and some are very lax. I have had my share of traffic tickets (if I only knew they would come back to haunt me some day). My interview is on the 3rd. Guess I will shoot a prayer and go see what happens.
I think my case is more of an exception rather than the norm. I understand most IOs don't bother with traffic tickets unless of course they are DUI related. So in all likelihood, you'll be just fine.

Just take the DMV abstracts and see whether you can get certificates of disposition from the respective courts. Some courts charge for them but they should be able to mail them to you without a problem.

Good luck.
 
Hi Everyone,

This is the first time I'm posting so I'm not sure if there is a better thread to ask this question. My friend Arif just had his naturalization application denied without prejudice. The reason for the denial is that Arif got his green card through marriage - the problem is that Arif got a divorce from his wife (the person who petitioned for him) prior to his adjustment of status was fully adjudicated. During the adjustment of status interview Arif was married. Arif and his wife got a divorce about two years later. About four/five months after the divorce Arif received his green card. Now USCIS says that since he divorced BEFORE his adjustment of status was adjudicated he never properly received his green card and therefore can't naturalize. Arif is currently married to another woman who he already filed an I-130 petition for. I have a few questions:

1. Since his naturalization application was denied without prejudice - what does this mean for his current status? Will he have problems when he looks to renew his green card?

2. Does he have a winnable argument against USCIS at a hearing if he makes an equitable argument that there was unreasonable delay by USCIS in processing Arif's adjustment of status application? Arif can prove bona fide marriage to the petitioner wife and his ex-wife will do what ever she can to help. Is there any winnable argument here?

Any advice/tips would be greatly appreciated!

JH
 
Hi Everyone,

This is the first time I'm posting so I'm not sure if there is a better thread to ask this question. My friend Arif just had his naturalization application denied without prejudice. The reason for the denial is that Arif got his green card through marriage - the problem is that Arif got a divorce from his wife (the person who petitioned for him) prior to his adjustment of status was fully adjudicated. During the adjustment of status interview Arif was married. Arif and his wife got a divorce about two years later. About four/five months after the divorce Arif received his green card. Now USCIS says that since he divorced BEFORE his adjustment of status was adjudicated he never properly received his green card and therefore can't naturalize. Arif is currently married to another woman who he already filed an I-130 petition for. I have a few questions:

1. Since his naturalization application was denied without prejudice - what does this mean for his current status? Will he have problems when he looks to renew his green card?

2. Does he have a winnable argument against USCIS at a hearing if he makes an equitable argument that there was unreasonable delay by USCIS in processing Arif's adjustment of status application? Arif can prove bona fide marriage to the petitioner wife and his ex-wife will do what ever she can to help. Is there any winnable argument here?

Any advice/tips would be greatly appreciated!

JH

I am no expert by any means, but it looks like Arif will be placed in removal proceedings as he is ineligible for the greencard. It does not matter that he was married at the time of the interview, but rather that he be married at the time the case was formally approved and adjudicated. USCIS does not have a "real" time frame in adjudicating applications, so he cannot argue that it took them too long. Further more, if he got a conditional green card, then it would be even more difficult to make that claim. It also doesn't matter if his marriage was bona fide during the processing and interviewing of his adjustment of status. Again - the marriage should have been intact and still bona fide at the time of the actual approval - which you mention is 5 months after the interview. You should suggest to your friend to get himself a good immigration attorney - he will certainly need one.
 
Thanks for the replies. Another thing to mention about Arif. He and his current wife have a young child born here in the U.S. so they can take a shot at a hearing and if he ends up in removal proceedings he can always fight for cancellation of remomval relief. Not a great prospect but better than nothing. If Arif doesn't request a hearing what are the chances that USCIS will rescind Arif's green card and initiate removal proceedings? Maybe it's best for Arif to stay in the shadows?

JH
 
From what I have read, it takes some where from 30-60 days after contact with USCIS for removal proceedings to be sent out. So how long ago was his naturalization interview? Keeping under the radar will not last forever and you have other issues to deal with such as having his wife remaining an illegal or non-immigrant forever - as his issue will come up when the I-130 is adjudicated and he tries to get his wife adjusted as an LPR. Plus he will never be able to file for citizenship with this green card as they have a record that he was ineligible for it. My best advice - though it isn't easy - is to find another means of adjusting status such as through employment or relative sponsorship. He will need to find regain his LPR status.
 
Arif's naturalization interview was about 6 months ago. He received his denial of naturalization on June 20 2008 and he has 30 days to request a hearing. He and his wife (who overstayed a tourist visa a number of years ago) have one small U.S. born child together - maybe 1 or 2 years old. But his wife also has a U.S. born daughter from a previous marriage that is 15 but she lives in Nepal. The wife's family currently has custody but the Arif's wife would like to get her daughter to the U.S. asap. Arif's I-130 petition for his wife was already approved - about a year ago. But now that his naturalization application has been denied there is a lot of doubt about everything! When and if his wife tries to adjust this same issue may come up. Arif is willing to fight his case at a hearing and before an immigration judge if necessary but it seems like he has a long shot and he doesn't want to be forced to leave the country and to have his family broken up. He's not also sure what a denial of a naturalization application without prejudice means. Does that mean that if he doesn't do anything that USCIS will NOT further pursue this case or may they put him in removal proceedings anyway? As it stands when he tries to renew his green card when it expires in 2 years will he run into trouble? Is the best thing for him to roll the dice and hire a darn good immigration attorney and make this argument about unreasonable delay on the part of USCIS? How good a shot does he have at cancellation of removal if his young child has no serious ailments? Sorry for the barrage of questions but I have been racking my brain on this one!

JH
 
baraider,

I posted the steps I've taken thus far, but to summarize: I tried last Saturday and it was a no go. In reality, I was just testing the waters, besides the fact that the guard was a mature male who didn't look too accommodating. I went early today - before they opened - but turned around upon sight of the long line of people outside the building just waiting to be fingerprinted. I had an early meeting at work. I returned at 12:00 and the guards in turn were very nice to me and left speak with the manager - something that the older guard didn't allow me to do. I sat in a special area where there were some other 5 people there for different reasons. A lady needed someone to translate her case for her before the manager and I volunteered - through the Manager preferred someone from his staff to do this. Spoke to the manager when asked and told him that I could potentially have to travel for work and that I didn't want my case to be delayed. He asked me if I had a ticket and I showed him my AAirpass, which is what we use for traveling arrangements through my firm. He was fascinated by this - the fact that my AAirpass says VIP/First Class also helped, I guess. Waited around 2 hours and that was it. Done!
 
I became a Citizen

Hi guys,

I became a citizen yesterday. I had posted a question about traffic tickets. I was asked about it during the interview. I had the certified DMV driver record and managed the Traffic Infractions Bureau to fax me a letter saying they had received payment on all tickets mentioned in the driver record.

IO was satisfied with that. So in short as long as they are not serious it should be o.k. Good luck everyone, with a special mention to those who responded, and God Bless.
 
I just google Garden City and it's in LI. So how do you guys get there without a car?
What train/bus go there?
How big is it compared to Federal plaza?

If you don't drive, you can take the LIRR from Penn Station to Garden City. Check the timetable at this link: http://www.mta.info/lirr/html/ttn/gardenci.htm

From the Garden City station, it's approximately 2 miles to the Garden City DO. If you feel like walking, go for it. I'd suggest taking a cab, though.

http://www.mapquest.com/maps/map.ad...1:40.727666:-73.626563:0::/io:1:::::f:EN:M:/e
 
I just google Garden City and it's in LI. So how do you guys get there without a car?
What train/bus go there?
How big is it compared to Federal plaza?

If you call 516-228-9242 it gives you detailed directions for getting to the office.
 
hey, folks, here is my case, my PD is 07/02/2007, had my FP on 08/10/2007, receive the IL actually on my birthday 02/08/2008, interviewed on 04/03/2008, easily passed the exam, however, the IO told me since i had a car ticket in 2004, (not a traffic ticket, the ticket was about annual inspection expired which means that was a parking ticket after i contacted DMV and DOF) so the IO issued me a letter to come back to the office(Garden City) on 06/02/2008 with all the proof that the ticket was cleared. I went back on 06/02/2008 and sit they for 3+ hrs, and finally the IO met me around 2:30 PM and i was told i would receive the oath letter in mail within about
2-3 weeks, so here is my questions

1. it's more than 1 month already but i still didn't receive it, however, i moved during this month but not change my address with any one yet, my roommate at my periously location is willing to receive the mail for me, but i don't receive any mail(cellphone bills, tax refund check ) so what can i do?
2. what about if they send me the letter but the Post office returned it with undeliverable or no such person???
3. will infopass help? i will have my infopass this friday at federal plaza, so do i need to change the addres with the officer? also i called their hotline and there was an officer who took the notes with me and told me i would hear from them by 07/30/2008 or i can call them back with the confirmation number he gave.
4. i've heard that we can sue the uscis 120 days after u pass ur interview, how it works?

any suggestion will be appreciated
 
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