Citizenship Interview Rescheduled

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Atlanta_Brother

Registered Users (C)
I am a resident of GA. I was scheduled for my citzenship interview in Atlanta office on Jan 22nd, 2007. I was told by the interview officer that he cannot proceed with the interview as my file did not make it from the TX service center. Meaning it wasn't transferred to the Atlanta local office so they will have to reschedule my interview to a later date. He told me that I will receive a notice in the mail. We are in the first week of June now. It has been over 4 months now since my interview date and I am still waiting. I recently called the 800 customer service center to inquire about my case. I was transferred to some officer who was able to look up my case with my A number. He verified my date of birth along with my address and country of citizenship. He asked me to hold the line so that he could locate my file. He came back on the line and advised me that my file transfer has initiated in the middle of April and it will take up to 90 days before Atlanta office gets it. He also told me that my name check along with my finger prints have cleared so just wait 90 days.

Has anybody experienced anything like this before ? What's up with this 90 days? Can I count on that officer whom I spoke to over the phone? If I go online to look up my case with my receipt number it somehow gives me an error asking me to check my receipt number again or call that 800 cust service number. Please advice. Thank you.

N-400 mailed: April 10th' 2006
N-400 receive date: April 13th' 2006
Fingerprints done: May 11th' 2006
Interview letter sent: Dec 21st' 2006
Interview date: Jan 22nd' 2007
 
Yes, we've heard of this before - USCIS losing or misdirecting files is not an uncommon occurrence.

Flydog was in a very similar situation to you, and if I recall, may also have involved the TX service center. I believe it took him over a year to get the problem resolved.
 
Thank you boatbod

boatbod said:
Yes, we've heard of this before - USCIS losing or misdirecting files is not an uncommon occurrence.

Flydog was in a very similar situation to you, and if I recall, may also have involved the TX service center. I believe it took him over a year to get the problem resolved.
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Thanks for your response boatbod. Let's see what others have to say and if anyone else went thru the same experience I did (file not being transferred to the local office on time)

Atlanta_Brother
 
Hi, it happens to my wife also, i took infopass and find out that my file is transfferd to locol office hartford CT but still waiting for interview latter.

first Intervie date 03/26/07
resch 2nd ID 04/12/07 interview deschedule
infopass 05/03/07
Still waiting for IL.....
 
Not directly same as your experience but during my interview at Atlanta (Rather at the end of it) Officer said that there is one more A file for me and she does not have it so my case can not be decided yet. They would send me decision about my case and oath date later. After a month, I received letter that case was approved and oath letter was sent. Oath letter indicated that case was decided in a month. My file was at National records center and it seems it can reach DO within 10-20 days.
Now for initial file, most of the cases in Atlanta get IL after 2-3 months from date received so it seems within 2-3 months file gets transferred from TX to Atlanta. So I hope in your case, within 2-3 months from April, you should get IL call again.
Good luck !!!
 
Here's my experience http://www.immigrationportal.com/showthread.php?t=225887

Most of the descheduled because of file mis-route problems I have seen on this list end up with the file in the right place in about a month. That's the first thing that you need them to do - get your file. Until it is at the DO, there's not much you can do.

That's what happened to me. But, then the DO didn't bother to reschedule the appointment once the file arrived.

I took monthly InfoPass appointments while I was descheduled. I'm not sure it helped. I also sent letters to the district office director. I'm pretty sure they were useless.

In the end, it was my senator's aid who got things done. Good luck.
 
Besides finger prints and name check

Thanks for your note Flydog. This is interesting to everybody who is reading my note. Check this out.....I came to know thru my attorney who was inquiring about my file since March of this year. She contacted the top most person in Atlanta office to get an answer to where my file is at this time. She said that my finger prints and name check has been cleared, but there is some third investigation besides these two that's holding my case. Nobody know what that is. It's some kind of internal check and that could take days, weeks, months or years.....the lawyer has no idea :mad: . As soon as that 3rd check is cleared my file would be transferred to the local office for an interview. This is very frustrating. I don't know if this could be a good time to think of suing the court and push immigrations to decide on my case and make a decision.
Please let me know what you folks out there think of this situation. Apparently besides finger primts and name check there is this 3rd surprise background check which doesn't have a name is making my case very interesting.
Just as a reminder, I had sent my N-400 last year back in April. My interview was scheduled on Jan 22nd. Do I stand in that 120 days (4 month time period) to think of suing the court. I hope it benifits me and not back fire me in any way.
Looking forward to your feedback and answers.
Thanks again for your time :)
 
Check out the statute. The 120 day clock doesn't start until something like "the completion of your examination". If you haven't had your interview, your "examination" hasn't really started. The USCIS is arguing in court these days that the "examination" isn't complete until it says it is complete - that having an interview isn't enough to get the clock started.

Good luck
 
But Flydog at what point am I ready to sue the court regarding my case. the only choice I have at this time is to wait, wait and wait and do nothing about it? This is crazy :mad:
 
Atlanta_Brother said:
but there is some third investigation besides these two that's holding my case. Nobody know what that is. It's some kind of internal check and that could take days, weeks, months or years.....the lawyer has no idea :mad: . As soon as that 3rd check is cleared my file would be transferred to the local office for an interview. This is very frustrating. I don't know if this could be a good time to think of suing the court and push immigrations to decide on my case and make a decision.
Please let me know what you folks out there think of this situation. Apparently besides finger primts and name check there is this 3rd surprise background check which doesn't have a name is making my case very interesting.
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Name and fingerprint checks are only two parts of an overall background check, which also includes USCIS's internal check as a third part. However, USCIS part of the security check is normally quick, thus we rarely hear any problems associated with it. If I care to guess, USCIS part of security check may have found an issue with your case and they are trying to verify the information.
 
Thank you

Thank you so much Equate for comforting me. Actually a friend of mine in Dallas, TX told me the same thing like half n hr ago. This last check shouldn't take too long. I should feel lucky that my name check has cleared which takes more time.

Thx again :)
 
Atlanta_Brother said:
N400Atl, thanks for your feedback . Let's hope for the best. Are you done with your oath and have become citizen ?
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Yes, I have taken Oath and become citizen. Though my Nat cert is not with my current legal name so I have applied for name change in superior court in my county.

It is a good thing that you have a lawyer. I know it can be expensive but in such "once in a life", it will be worth it.

Wish you good luck :)
 
Suing the court to make a decision

equate, sounds like you knw what you are talking about. You have a good knowledge. Keeping my case in mind, you don't think I should think of suing the court to ask USCIS to make decision on my case. I understand that you wrote in your note that there is third part of USCIS check that is holding my case. You think I should wait another couple of months for the interview letter or suing the court would be a good idea.
Please let me know what your thoughts are on that.
Thank you again.
 
None of us here can know conclusively what is causing a problem for your case. You stated that you got stuck from some kind of USCIS internal check. Interagency Border Inspection System is the check internally done by USCIS. So it seems that would be a good guess. The thing is IBIS system yields the search results almost instantaneously and thus, it is difficult to speculate in what manner your case is help up.

I think the lawsuit is way too premature. For one thing, you mention that they are going to reschedule your interview. That implies you never had a proper interview and 120 days rule do not apply to your case.

Without the statue of 120 days rule, it is difficult to win a writ of mandamus case. You'd have to prove that you have waited a reasonable amount of time and I don't think 4 months would cut it. Also you have to show you made an honest effort to resolve the case without resorting to a lawsuit as well as why you need the citizenship urgently. All in all, you probably got a weak case if they do not dismiss your case outright as frivolous.
 
Thank you equate for your prompt reply. Now it seems like suing the court is not something I should think at this time. I don't have much choice but to wait. Sooner or later, IL would come in the mail. I have my Info Pass apptt scheduled for this coming Monday. I will findout if the immigration provides me any new update or useful information. Will keep you guys posted.
Appreciate your time in providing me your feedback.
Best Regards
 
Called Senator's Office

Flydog said:
Here's my experience http://www.immigrationportal.com/showthread.php?t=225887

In the end, it was my senator's aid who got things done. Good luck.
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I called my Senator's Office on Friday to ask him to check on my status again and try to expedite my IL. I also told him that on Monday when I went to my local office with that InfoPass apptt, I was told that my FP and NC were cleared. Let's see if he can now do anything since you had a great experience with senator's office. I hope they can help me out too.
 
Atlanta_Brother said:
I called my Senator's Office on Friday to ask him to check on my status again and try to expedite my IL. I also told him that on Monday when I went to my local office with that InfoPass apptt, I was told that my FP and NC were cleared. Let's see if he can now do anything since you had a great experience with senator's office. I hope they can help me out too.
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Good luck Atlanta_Brother! Try with Senator's help! Is your N-400 application clean ? I mean no criminal issues. Just curious why the internal check initiated.
 
About internal check

CTN400 said:
Good luck Atlanta_Brother! Try with Senator's help! Is your N-400 application clean ? I mean no criminal issues. Just curious why the internal check initiated.
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Hi CTN400,
Just a little clarification on this internal USCIS check. I was told by the IO and even the attorneys that everybody goes thru this USCIS internal check. It's a part of their routine check. It should be quick. Why is it taking time now, only God knows. Now to answer your question, yes my N-400 application is clean....no crimnal issues :)
 
The thing is, this check seems to be internal to the USCIS. With the name check, they throw up their hands and say "it's not our fault". The can't (well they shouldn't) here.
 
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