Oath Letter Not Yet Received - 1 YR PASSED SINCE TEST

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vayalaso

Registered Users (C)
Folks,
On Nov 24th, 2008 I passed the test for citizenship and was asked to wait for a "few" weeks as the officer said some folder was missing to complete my file (H1B folder). Since then, I have called USCIS, did infopass, sent request for delay in processing, sent letter to Ombudsman....STILL no sight of the oath letter, all they say is it is under extended review. Today is exactly ONE year since my interview.....am clueless, helpless....anybody any suggestions? Thanks.

VA
 
vayalaso said:
Folks,
On Nov 24th, 2008 I passed the test for citizenship and was asked to wait for a "few" weeks as the officer said some folder was missing to complete my file (H1B folder). Since then, I have called USCIS, did infopass, sent request for delay in processing, sent letter to Ombudsman....STILL no sight of the oath letter, all they say is it is under extended review. Today is exactly ONE year since my interview.....am clueless, helpless....anybody any suggestions? Thanks.

VA
Click to expand...

Consider filing lawsuit at this point.
When did you contact Ombudsman and when was last Infopass?
 
I know how, you feel, because, I've been waiting only 60 days, and it seems like an eternity. I can't imagine what a 1 year wait would be like. I too was told by the adjudication officer that conducted my interview, that I would hear from him in a "few weeks". Part of the problem is that USCIS is indifferent and insensitive to the emotional burden of waiting in the dark, for a decision to be made regarding one's naturalization petition. Hopefully, sooner or later, Congressional laws will be introduced to abate this problem.

At this point, if I were you, I would definitely file a lawsuit with the US District Court. The court will review the matter and may take one of several actions. The court is permitted to grant the application and naturalize you as a citizen. The court is allowed to deny the application if it believes that you do not met the requirements for citizenship (legal permanent resident status; residence and presence in US; and good moral character for requisite period of time(s)). The court may also remand the case to the USCIS with instructions to proceed with the application process.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

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Last edited by a moderator:
vayalaso said:
Folks,
On Nov 24th, 2008 I passed the test for citizenship and was asked to wait for a "few" weeks as the officer said some folder was missing to complete my file (H1B folder). Since then, I have called USCIS, did infopass, sent request for delay in processing, sent letter to Ombudsman....STILL no sight of the oath letter, all they say is it is under extended review. Today is exactly ONE year since my interview.....am clueless, helpless....anybody any suggestions? Thanks.
Click to expand...
File a 1447(b) lawsuit ASAP. Otherwise you probably will be still waiting one year from now. Read this other thread for another guy's experience with it: http://forums.immigration.com/showthread.php?t=294439
 
Jackolantern said:
There already is a law that mandates them to make a decision within 120 days after the interview.
Click to expand...

Jackolantern, you are absolutely right.

What I was alluding to is a Congressional law that would require USCIS, prior to the 120 day deadline, to provide accurate updates with regards to exactly where in the process, after the interview/test, does one's petition lie, as opposed to the generic customer service "in review" or "extended review" which is vague at best. What bothers most applicants (myself inclusive), when petitions are "continued" (delayed) after the interview, is not knowing what's going on with the petition, especially, after the test has been passed and there is no legal or administrative basis to delay or deny the petition.

Also, USCIS should provide updates for naturalization petitions (post interview) at the "check status onlne" section of their website.

By the way, does anybody know, for sure, if the FBI name check and security backlog that was used by USCIS as an excuse to delay so many petitions, has been eliminated?

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
 
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