New York City - N-400 Timeline - Naturalization Experiences

Thanks Vorpal,
So we dont need to do the court procedure.You have great exprience this is because of you are very active on this forum.Do you think the the N400 time line is improving in Nyc case? I am going to apply next yeat in Sept. so upto that time the time line can be improved within 4-6 months.Do you have idea if people apply in march or april geting their IL or OL?

Vorpal, do you think if there is Mohammed in the name does it stuck with FBI name check process? When I got GC it doesnt but some time when I travel I have to wait 1-2 hours at arrival.Homland Security says that there is a name similar to you who is terrorist thats why most of the time we have to clear you with our data base its really a pain,we should hang them these terrorist directly. sice we have to travel 24hours door to door so we already tired at the time.They told me you can request Homeland Security to remove your name from data base. but I really don't know how to do that. May be congress man can help me? Now days Homeland Security giving more trouble then they give after 911. If you heard the cnn tv news last week that a 10 year white boy could not board the plane because his name was on the terrorist watch list.This is all generating by compurter automaticly and staff have to follow the rules.it is painful.

Thanks for your advise for my wife.I have confidence too that she could do it.Although she goes english learning class. But she doesnt have confidence.She doent like english programms on tv, she just like Indian serials.My english improved because of news papers and tv. I am agreed with you that tv is the best option to learn english.

She can write me sms in english and I almost understand although there are speling mistaks. she write as hindi in english.Last few years I had to stay overseas for business but she take care everything alone with the kids, she goes to kids school, talks to kids teachers and almost understand the english but she can't write well. She hesitate to speak too.So thats why I am worry about her.Because I am not sure about me weither I will get the citizenship or not because I stayed a lot outside of us but less then 6 months with 2-3 month stays in us so what do you think can I get it. Total stay days in us may be less than 30months so any problem? Thats why I want my wife get the citizenship so kids get it too atleast. For me is not so important I Love my India want to live in india in the future after my kids settle down here.

Very easy my friend. I am going to tell you to do three (3) things:
1. https://trip.dhs.gov/
2. https://goes-app.cbp.dhs.gov/
3. http://www.flyclear.com/

The first one is FREE. It takes about 6-9 months.
The second is $100.00 for 5 years.
The third is $100.00 per year.

In order to be approved for the second and third, you have to be cleared with almost all the US Govt Law Enforcement Agencies including DHS.-
 
Shock from USCIS!

I still cannot believe it but I just received a letter from uscis about my application: My case has been DENIED!

Reason for denial: Lack of good moral character - because I had 2 speeding tickets within the statutory period and that service records show a pattern of traffic violations!!!! (4 tickets in total since 2000).

I'm genuinely shocked to say the least. I could never imagine an IO denying an application because of speeding tickets - especially after everything I read in this forum. My case has to an absolute exception!

What is also driving me crazy is, why did the IO have to wait 4 months to tell me something she could have told me right after the interview or a couple of weeks later??? The decision is not based on any new information!

Well, I'm getting an attorney right away and will definitely appeal the decision.

This also goes on to prove that when you submit your application, pray that your case is going to be handled by an experienced and sane IO. I also now believe that disclosing minor traffic violations can be a BIG mistake.
 
I still cannot believe it but I just received a letter from uscis about my application: My case has been DENIED!

Reason for denial: Lack of good moral character - because I had 2 speeding tickets within the statutory period and that service records show a pattern of traffic violations!!!! (4 tickets in total since 2000).

I'm genuinely shocked to say the least. I could never imagine an IO denying an application because of speeding tickets - especially after everything I read in this forum. My case has to an absolute exception!

What is also driving me crazy is, why did the IO have to wait 4 months to tell me something she could have told me right after the interview or a couple of weeks later??? The decision is not based on any new information!

Well, I'm getting an attorney right away and will definitely appeal the decision.

This also goes on to prove that when you submit your application, pray that your case is going to be handled by an experienced and sane IO. I also now believe that disclosing minor traffic violations can be a BIG mistake.

My jaw hit the floor when I read your post!!!

Are you effin' kidding me? Since I first read your interview experience, I had a feeling that your IO had a grudge against speeders. I even remember recommending that you file an administrative complaing about her unprofessional behavior. As a matter of fact, you should file it along with your appeal. The only unfortunate thing is that you won't be able to recoup your legal fees from the USCIS. I'm positive that you'll get your application approved when you appeal the decision, but, since the appeal is not judicial, you won't be able to ask to be compensated for your legal expenses.

I'm absolutely shocked...
 
My jaw hit the floor when I read your post!!!

Are you effin' kidding me? Since I first read your interview experience, I had a feeling that your IO had a grudge against speeders. I even remember recommending that you file an administrative complaing about her unprofessional behavior. As a matter of fact, you should file it along with your appeal. The only unfortunate thing is that you won't be able to recoup your legal fees from the USCIS. I'm positive that you'll get your application approved when you appeal the decision, but, since the appeal is not judicial, you won't be able to ask to be compensated for your legal expenses.

I'm absolutely shocked...
It's unbelievable! I can read prejudice/malice written all over the decision.
You are right, the IO must be taking things personal instead of approaching the case objectively and professionally.

I'm trying to get an appointment with an attorney and when I do, I'll discuss with him the possibility of filing a complaint together with the appeal, I think it's very necessary.

The letter says the fee for filing an appeal is $605, that's almost equivalent to filing a new application! That's why it's so upsetting especially when you add the fact that the IO also cost me 4 months of very precious time! And I'm sure I could have ended up waiting a lot longer if I had not made all those infopass appointments.
 
My IO specifically told me that the OL will be sent to me, so I asked if it would be possible for me to get a quick oath. I really think that you lucked out on that one!

I think I wasn't special, because everyone was getting oath latter same day. There was maybe 60 people in the room and it took very long time. I had to wait almost 5h or go home and wait in the mail (that was told if you don't want to wait), but I wanted to have it in my hands same day.

AND BE AWARE OF CELL PHONE USAGE AT FEDERAL PLAZA !!

There are security that do shit only and tell no to use cell phone. One jewish woman was there with two young twin kids and a husband. She was talking on the cell and when thay warned her she argued with them. After 15minutes POLICE ICE came with a dog and wanted to arrest the woman for breaking federal law at federal building. They took her out! She might not get her citizenship (and she was waiting for oath letter), because it was very syrious.
 
It's unbelievable! I can read prejudice/malice written all over the decision.
You are right, the IO must be taking things personal instead of approaching the case objectively and professionally.

I'm trying to get an appointment with an attorney and when I do, I'll discuss with him the possibility of filing a complaint together with the appeal, I think it's very necessary.

The letter says the fee for filing an appeal is $605, that's almost equivalent to filing a new application! That's why it's so upsetting especially when you add the fact that the IO also cost me 4 months of very precious time! And I'm sure I could have ended up waiting a lot longer if I had not made all those infopass appointments.

Oh, it's quite obvious that this was a prejudicial decision. Not only that, I have a feeling that the IO purposely delayed your application for the maximum time allowed under 1447(b). When you talk to an attorney, find out about the feasibility of suing the USCIS for malicious denial (if such a thing exists). If your attorney can find out that the IO who interviewed you was involved in a traffic incident/accident that may have caused her to prejudge recepients of speeding tickets, you may have a serious case on your hands.
 
I can't believe this is true. I have a couple of question ?
1. are those traffic tickets pay for or are they outstanding ?
2. are those traffic tickets over the $ 500.00 tresshold ?
3. did any of those turn into a warrant ?


before you file an appleal you shoudl send the IO a letter that you like to meet with her to go over evidence and fact. that is a procedure that is valid on their manual (inspect the facts)


I am sorry this happened to you.
1. NONE of the tickets is outstanding (I had court dispositions for all of them).
2. NONE of the tickets is over $500 (the highest fine was $325) - all tickets were paid on time.
3. NONE of the tickets led to a warrant, suspension, or revocation of my license (my driver license has always been active/valid).

I should also add that NONE of the tickets is accident related.

That's the reason why I'm baffled too!

When I speak to the attorney, I'll ask about the possibility of meeting with the IO but I would have to have an attorney with me because all the facts about the tickets were available during the interview and the IO still went ahead to deny the case.

Most importantly, I have to watch the 30 day appeal deadline very closely.
 
Hi Guys,
I want to know if we request for name change at the interview do that delays our case in getting approval or get oath letter? I am really concern this. I am willing to request four of my family members name change request. But I am really worry it that request could delay our case? Did anyone exprienced this procedure? Anyone delayed because of name change?

There is no additional delay when you're changing your name. Since all NYC oaths are performed by a judge (the only entity who may grant a name change), you will receive a certificate with your new name at the oath ceremony. I speak from personal experience, since I'm changing my last name.
 
BTW, do you know the estimated processing time/time frames for an appeal?

When I spoke to an attorney, he said about 4-6 months. Your lawyer will take probably close to the month to prepare the brief to submit for the appeal. USCIS will take a month or two to review, then however long to schedule the hearing. After the hearing, they'll take another month or two to render a decision. Personally, I decided to just reapply since it wouldn't take much longer and when you appeal you put them on the defensive. (My denial wasn't incorrect as such since it was a decision they had discretion to make either way, just stupid and technical in light of the wider circumstances.) Good luck with your appeal.
 
sorry I forget to mention it is in 225 cadman plaza. Brooklyn1

Thanks

I tried google map it shows A and C train stops there may be A train will work out
 
Thanks.
Out of curiosity, does anyone know of any federal court cases against uscis for denying naturalization based on minor traffic violations (and how they were ruled)?
Was there anything else on your record besides the traffic tickets? For example, an arrest that occurred outside the last 5 years?


As for previous cases involving traffic violations:
read article on page 10 at:
http://www.abanet.org/intlaw/committees/tax_estate_individuals/immigration_naturalization/summer2005.pdf

Also, the Kichul Lee lawsuit is the most recent court decision that struck down the USCIS claims that citations show lack of good moral character and can be used to deny naturalization.
 
Thanks.
Out of curiosity, does anyone know of any federal court cases against uscis for denying naturalization based on minor traffic violations (and how they were ruled)?

Yes, there was a high-profile case in Seattle in the late 90s. The IOs took it upon themselves to deny anyone for things as minor as PARKING TICKETS on the grounds of lack of good moral character. I believe about 55% of applications were denied. A class-action suit filed by a group of applicants whose applications were unjustly denied took care of that issue very quickly.

There have been a few posts on this forum with links to articles about this case. Google "Seattle naturalization denial" and you should be able to find some info on it.
 
Yes, there was a high-profile case in Seattle in the late 90s.

That's the Kichul Lee where the court ruled that naturalization cannot be denied for lack or moral character on grounds of citations alone.
It surprises me that USCIS denied nyc_newbie case on traffic citations alone, unless there's more to the story that he didn't share (ie something else in history that would put into question moral character).
 
Interview Experience at Garden City

nyc_naturalizer,

Good luck with the interview today! Looking forward to reading your experience.

Thank you Vorpal. I'm pasting the following from the other thread:

I don’t own a car so I took the LIRR, a very quick ride from Jamaica station. I’m also an avid walker so I walked the rest of the way to 711 Stewart Ave. Country Life Press, rather than Garden City, is the best station to get off at if you want to do this. I recommend it, it’s a good way to clear one’s head before the interview. It’s about a 30 minute walk through a wealthy suburban neighborhood. You will feel American even before you arrive at your naturalization interview: stately homes, freshly mowed lawns, white picket fences, stars and stripes aplenty. (Rumor has it that John McCain owns 10 or 11 houses here :D).

As Vorpal reports, you want the east side of 711 for USCIS. There is a large parking lot across from Ethan Allen. I arrived at 9 am, half an hour before my scheduled interview. Then I went through a typically useless USCIS procedure: people had to line up on the first floor to get a stamp on their interview letter from the lady at window 6, and then go to the second floor to drop off the interview letter at another desk. I mean, all this person does is stamp “received” on the letter, which could as easily be done upstairs when you drop it off. They could free up the salary line for window 6, hire another adjudicator, and process that many more applications. But I guess that wouldn’t make any sense by USCIS logic.

Second floor waiting area was indeed “slammed” as Vorpal says. I hadn’t expected this so early in the morning. But it actually thinned out as the morning wore on. I guess they book a lot of appointments for first thing in the morning and gradually get through them. As for cell phones, I did see signs prohibiting their use, and didn’t witness anyone using one (though security didn’t care if you brought one in). As for attire, I dressed conservatively but there were many people in blue jeans, quite a few in flip flops or sandals, even one guy in torn jeans and a studded belt and another in a tank top and a do-rag.

Second floor system works like this: you drop your letter in a box and take a seat. A clerk occasionally comes round and empties the box, then distributes the letters to the officers (or possibly hands a batch of letters to a single officer as they run low). Other clerks could be seen retrieving the files (all in brown folders) corresponding to the letters. There are many officers, I would say 25 or 30, who keep popping into the waiting area clutching letters and calling names out, which is what you’re waiting for. I waited about an hour and a half, but quite a few people who came in after me were called earlier, since the system is somewhat random. If you can, sit close to the “box”; this is where the majority of the officers appear. Some mumble, some are quiet, some are impatient, and some just can’t pronounce a non-Anglo-Saxon name to save their life. It would be very easy to miss your name if you’re sitting far away, or in the bathroom, etc. Definitely pee before you go to the second floor. :) I also thought of the following trick while I was waiting: If you were to make a small mark with a colored marker on the back of your IL, you would definitely notice it when the officer comes into the waiting area. (Is this defacing government property?) Since some of the officers are holding 3 or 4 interview letters, you might even notice your letter at the back of the pile, and know who will be interviewing you an hour beforehand. It’s a way to pass the time. At Garden City, since there are so many new hires, the prize is to land a senior officer (as Vorpal did) so that you can hopefully get same day approval. It’s a little unsettling: I found that I was apprehensive every time the pretty young lady officer appeared, and rather kept hoping that the old fat white dude would call my name.

I wound up with a thirty-something African-American woman, and her office made it pretty clear that she wasn’t very senior (makeshift cubicles stuffed into a back room; it was actually difficult to hear her because there were two other interviews going on right beside me). She was polite but totally business. No small talk or personal connections were going to happen. She administered the following brief oath: “Are you going to tell the truth?” She asked for my Green Card and Passport—no other documents throughout the whole interview, even though I had the full JohnnyCash arsenal in my bag. Then immediately to the English test. I read the same paragraph that Vorpal mentioned, and then wrote:

1. I vote for good government.
2. I want to be an American citizen.
3. Today is a nice day.

(2 and 3 are in fact true, but I can’t do 1 until I get an oath letter grrrr:mad:).

I then answered the following questions (correctly):

1. What do the stripes on the flag mean?
2. What do we celebrate on July 4th?
3. What are the first 10 amendments to the Constitution called?
4. Name one right guaranteed by the 1st amendment.
5. Who helped the Pilgrims?
:)rolleyes:This is such a ridiculous question. Are we in kindergarten? The Pilgrims shot the natives and gave them smallpox)
6. Name some countries that were our enemies in WWII.
7. What is the executive of a state government called?
8. How long is the President elected for?
9. Who elects the President?
10. How many members are there in the House of Representatives?

She then proceeded to literally WHIZ through my N-400. She confirmed the occasional answer—my address, my place of employment, my marriage, my kid—but mostly just madly checked items. When she got to Part 7 (travel), although I have taken a few trips since applying, she only asked for the most recent one and jotted that down on the form. She read many but not all questions in Part 10 (she did ask all of H, of course), and oddly stressed the question, DO YOU HAVE ANY MENTAL HEALTH PROBLEMS?:confused:

I then signed the form with my physical details for the oath ceremony as well as my originally submitted photographs (she didn't ask for new ones). There was no margin on my photos; she had me sign vertically in the “white space” above my left shoulder, which she rubbed down with a pencil eraser. Signature was normal, not cursive.

All the above took about 7 minutes. The remainder of the time I sat there quietly while she very quickly thumbed through every page of my A-file. It’s pretty clear that these junior officers have a lot of pressure on them to adjudicate many applications and aren’t given adequate time to prepare. While I was in the waiting area, I could see into the larger offices of some senior officers, who were clearly spending time reviewing files before stepping out and calling the applicant. This officer, who I would guess had about 15 minutes allotted per application, did the reverse: English and Civics, then review the application, then scan the A-file for any inconsistencies.

I was spared one major headache today. I’ve had no worries about my application being (eventually) approved, but I was very nervous about the “dual A-file” issue. During the course of my relationship with the INS and USCIS, I have been assigned no fewer than three A-numbers. Many people on this forum have reported finding out at their interview that a decision could not be made because their various A-files had yet to be “consolidated,” a process that seems to take anywhere from two months to two years beyond the interview. When I saw the file in front of my AO, I was worried at first: it was thick, which was reassuring, but it was a single file with my current A# as the title. But as she scanned the file, I saw how it was put together: on the left side of the file, attached by a two-hole fastener, was all the documentation pertaining to my naturalization and permanent residency applications, while on the right side of the file, attached with another two-hole fastener, was a thinner pile of documents that I recognized as old EADs, APs, etc (under the other A#s). Atop this second pile was a transcript, which appeared to show my name three times, each with a different A#. (Strangely there was a fourth row on this transcript with a name that was only marginally similar to my own: same first letters, similar consonants, but Spanish whereas mine is English??? Is this some weird namecheck match? She did ask me if I’d used any other names. Perhaps it was just an issue with the printout though.)

As you may have guessed, the end result on my N-652 was that I passed, and that my “application has been recommended for approval.” She confirmed that she doesn’t approve applications herself. I asked for some clarification on the process, how long it would take, how I could check up on it, etc, but she just told me, “I put it in a box and then I don’t know what happens to it.” :( I expressed my anxiety over being able to register to vote before Oct. 10th, but she wasn’t very interested.

Anyway, although I would have rather had instant senior AO approval, I’m happy :) with the result, which is infinitely better than finding out that they couldn’t locate one or another of my A-files. No question that the interview is the biggest hurdle to clear, and now it’s over. Thanks to everybody on the forum, especially Vorpal, Bobsmyth, JohnnyCash, and all on the NYC thread, for support, advice, commiseration, and many helpful discussions.

Oh, by the way, best of luck tomorrow, Bobsmyth (Raleigh/Durham) and zkar (Garden City)!
 
interview time was at 1:20 pm. I drove and reached by 12:30. Thanks to postings by vorpal, nyc_naturalizer and others, I knew where to park and what to expect. Letter was stamped at 1st floor. Went to second floor and waited for name to be called. Again people were being called randomly as expected. Around 3:45 I was called by a caucasian lady in her 40s. The interview room had chinese pictures so I knew it wasn't her office. The interview lasted about 20 minutes. Again thanks to the johnnycash document list and this forum, I was carrying shit load of documents. And it was life savior. I was asked for original marriage certificate from my native country and english translation of it. ( My application was based on 5 yr rule). Plus 5 year tax transcripts . I had planned to change some info on my N-400 ( forgot to add a long trip , incorrectly put my wife's overseas address) which I did during the interview. I had a border incident in 2006 when I was accused of living out of USA for more than 1 year ( and placed in removal proceedings) which got eventually resolved in my favor in immigration court. I was asked about why it happened and I had to explain it. The interviewing officer did not know the meaning of 'with prejudice' and I had to explain that it means the judge's decision is final and the charges cannot be brought again. She seemed to think that INS was lenient to me and did not want to appeal the decision. In the end, she gave me the form saying my application was being recommended for approval but her supervisor will have to approve it also. She also mentioned she was going for vacation and I should not hear from them until after one month. The history questions were:
1. what is constitution
2. who is vice president
3. why there are 100 senators.
4. can constitution be changed
5. who was first president of US
6. what is 4th of July
7. how many terms a president elected for
8. who is the head of executive branch
9. who is head of local govt.
10. what is the highest judicial court

So my wait continues...... It ain't over until its over.
 
Don't worry about the Oath letter. It will come soon since reviewing of file by senior officer/supervisor is just a formality. Senior officer or supervisor does review a file within 3 days to make a decision, then they forward it to a section which is responsible to reschudule oath.

Just wondering if you were specifically asked for your job or any tax returns, and why you decided to walk for so long especially when most people don't want to look tired or exhausted before the interview even though they might like walking. I guess things work differently for each person.....

Nice description and great observation around there. Congratualtion. Happy to see you get through with it....

Thanks for the information JohnnyCash, that's reassuring. Is your knowledge of this procedure specific to NYC/Garden City? You can't blame me for not trusting USCIS when I'm told something is "going into a box" and they don't know what happens to it. God only knows how many warehouses they lease to store such boxes. :rolleyes:

The officer asked me to confirm my place of employment but not for any paystubs or employment letter. She didn't ask for tax returns or transcripts, but she did review the tax transcripts I'd already provided with my N-400. The only documents she specifically requested were GC and passport, though I had many of the documents from your list ready to submit. I did provide quite a few documents with the application itself, which may have obviated the need for further documents. But I do think that this batch of junior AOs that have been hired to deal with the backlog are under pressure to work very fast. I had the distinct impression that she had no more than 15 minutes allotted for me, which is consistent with your earlier report that the new Garden City AOs would be expected to adjudicate upwards of 25 applications per day.

I like to walk, and regularly walk the 4 miles to work instead of taking the subway, so 30 minutes doesn't seem like a long time. It is more invigorating than tiring. And the train schedules just worked out such that if I wasn't to be late for my appointment, I'd have to be quite early--so I had lots of time. I generally dislike automobiles. I did consider renting a car, but couldn't shake the thought of getting into an accident on the way and blowing my absolutely clean traffic record.
 
Zkr,

It's seemed all is well in your case. The reason why your application wasn't approved on the day of interview because of the border incident in 2006. It's not a problem, but your interviewing officer (new ones) wasn't sure on how to take/handle this kind of issue. Therefore, officer wanted supervisor to review your file first. But it's not a problem at all.

In order to help other New Yorkers, I would ask you the same questions that I asked from NYC Naturalizer. Were you speficially asked about your job like any details about your job, or just for the sake of update about it on the application, or nothing was asked? Were you asked specifically about your tax-returns/transcripts? Did officer go line-by-line on tax-returns, or just took a quick glance at them, or didn't even look at them at all but took the copies and filed in the file?
 
JohnnyCash,

I'm not sure if I mentioned this before, but the IO who interviewed me stated that they are only concerned with tax returns if the interviewee is self-employed. I don't know whether or not this is standard procedure, but I thought I'd mention it.
 
Thanks for the information JohnnyCash, that's reassuring. Is your knowledge of this procedure specific to NYC/Garden City?

No, my knowledge of the process is not limited to only NYC/Garden City offices. US Immigration laws are same for everyone no matter where you live, and as you know I advocate on immigration laws. However, the modus operandi/local procedures could be different for each INS office. For example, some INS offices don't allow cellular phone in their building, while others do. Some INS offices conduct oath on the same day of interview, while others don't. Some INS offices ask applicants to sign their photos, application and naturalization certificate in full name in cursive while others allow in regular signature. Some offices issue yellow form to applicants before the interview or ask them to fill out at the office right before the interview wherein applicants are required to disclosed any information that has changed after filing the application and what documents should be brought...Boston DO is one of them. Some offices specifically ask specific documents that could be either tax returns, marriage certificate or birth certificate even if any of these documents might not needed. For example, NY do ask for tax returns most of the time.

It actually has to do with what kind local procedure is in and what kind of training/instructions adjudication officers get in their particular DO by an individual supervisor at that particular DO.

In my opinion, it would be better and helpful to applicants to know what kind of specific documents could be asked in their particular DO. Speaking of NYC/Garden City offices, then I live in NYC. So obviously, I can say that the modus operandi of local offices in here is more concerned to me. It's because I help immigrants in a local community church in midtown Manhattan for years. I think it would be great if immigrants in NY area know what they should specifically expect from INS over here when they go for their citizenship interview. In the wake of new hires and constant change of supervisors who train these new hires, it's hard to know sometime about their modus operandi. That's why I ask NY applicants here to give a detailed description of their interview especially as to whether or not they were specifically asked for tax papers and any detail explanation on their job. I ask these questions to help others outside this forum. Helping others is my nature, which is exactly I've been doing here for years....

Just wondering why you submitted tax-returns with your application?? Is it because your application is filed under 3 yrs rule of being married to a US citizen for 3 yrs? Nothing wrong in submitting tax papers with the application even if you didn't file your application under 3 yrs rule, but just wanted to make sure. How do you know officer reviewed the tax transcript that you submitted? Did she do it in front of you? Did she just take a quick glance on tax returns, or looked at them throughly, or didn't look at them at all but just wanted to make sure they are in the file?
 
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