My Long and stressfull Interview experriance

Thank you. let me run this scenario by you guys,

i file a 144b in court because uscis didn't make decision after 120 days from my first interview. but when they go to court they tell judge that they are already interviewed me for second time and i have to wait for that interview's decision. also can they claim the first interview was not valid or doesn't consider as as an initial review because i didn't sign and also they didn't conduct a full interview. and lets say judge agrees with them and give uscis time to make a decision based on my second interview.
now if this happens, even if uscis was going to approve my case, now they will deny it .

guys, i have a new born at home and i don't want to risk any thing.

thanks
 
armin78 said:
Thank you. let me run this scenario by you guys,

i file a 144b in court because uscis didn't make decision after 120 days from my first interview. but when they go to court they tell judge that they are already interviewed me for second time and i have to wait for that interview's decision. also can they claim the first interview was not valid or doesn't consider as as an initial review because i didn't sign and also they didn't conduct a full interview. and lets say judge agrees with them and give uscis time to make a decision based on my second interview.
now if this happens, even if uscis was going to approve my case, now they will deny it .

guys, i have a new born at home and i don't want to risk any thing.

thanks
Click to expand...

I'll say wait for some time becaus eyou just finished your last interview 3 days ago. Maybe you will get an oath
in two-three weeks. But you can prepare your 1447(b) lawsuits and place it into ready-to-file mode
 
As I read 1447(b) caluse, I found out this 1446(e). This post is not about OP's case and should be a new thread but it seems new post function break down at this time.

1446(e) says applicants can not withdraw applications once filed unless Attorney General (should be Secretary of DHS now) agree.
So even if someone withdraw N400 after filing, the USCIS has the right to interview him and grant his application? Of course it does not make sense because the applicant can just skip the interview, or refuse to sign Part 13 and Part 14, decline to take oath etc.


1446(e)



http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001446----000-.html

http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001447----000-.html
 
armin78 said:
Thank you. let me run this scenario by you guys,

i file a 144b in court because uscis didn't make decision after 120 days from my first interview. but when they go to court they tell judge that they are already interviewed me for second time and i have to wait for that interview's decision. also can they claim the first interview was not valid or doesn't consider as as an initial review because i didn't sign and also they didn't conduct a full interview. and lets say judge agrees with them and give uscis time to make a decision based on my second interview.
now if this happens, even if uscis was going to approve my case, now they will deny it .

guys, i have a new born at home and i don't want to risk any thing.

thanks
Click to expand...

First, USCIS is not going to deny your application just because you filed a lawsuit to get them to process your application in a timely manner. (I know that the first act by a government department in most middle/near/far east countries would be to summarily deny the application, but this IS the US)
Second, Most probably, even if the Judge agrees to give the USCIS the additional time, the Judge will retain jurisdiction over the case. (this will also ensure there is no retaliation)

Having said all of this, if you can't really think of any good reason for your application to be denied, then just enjoy your baby. If you don't hear from the USCIS after 120 days then go ahead and file the 1447(b) complaint with the court.

I think these kinds of delays are usually administrative where something shows up on a search somewhere and then some office needs to sign off on an override (and some new trainee needs to be absolutely sure of what they're signing off on, thereby causing these delays). If there was a real security issue, you wouldn't be getting Interview letters from the USCIS, you'd be getting a personal visit from the FBI.
 
Last edited by a moderator:
WBH said:
Even if that is the reason, I still do not know why the OP was asked dozens of questions that are not on N400 but from soem computer system.
It is not the first time we read post here that about someone did not disclose something and was caught. They were not asked some pre-prapred questions
which are not improvsed by IO but were already on their system
Click to expand...

I got asked plenty of questions from the 'Computer System' a couple of days ago at my interview... Mainly about my employment history going back to 1995 and several other things that were irrelevant to my marriage based N400 (and the IO wrote down my answers to those questions at various places on my N400) . I think they're just checking up to see if the story is still the same after all these years.
Most probably there is a name match/hit and the USCIS needs to clear up the confusion before approving the application. IMO this will get approved.
 
armin78 said:
Thank you. let me run this scenario by you guys,

i file a 144b in court because uscis didn't make decision after 120 days from my first interview. but when they go to court they tell judge that they are already interviewed me for second time and i have to wait for that interview's decision. also can they claim the first interview was not valid or doesn't consider as as an initial review because i didn't sign and also they didn't conduct a full interview. and lets say judge agrees with them and give uscis time to make a decision based on my second interview.
now if this happens, even if uscis was going to approve my case, now they will deny it .
Click to expand...
They cannot do that. Once the 120 days have passed and you file 1447(b), USCIS loses the right to conduct a second interview, and the right to take more time to make a decision based on the second interview if they have already conducted it. You could have avoided the second interview in the first place if you had filed 1447(b) soon enough. And even if the judge uses his/her discretion to give them an extra 30 days or 60 days or whatever, if they are going to deny your case, the judge must agree with the denial reason. 1447(b) takes away USCIS authority to unilaterally deny your case.

I also don't think they can use the fact that you didn't sign to circumvent the 120 day rule. If the missing signature is the issue, they already had 120 days to call you back to get the missing signature.

Hurry up and file 1447(b) so the court will be looking over their shoulder.

See this decision: http://lawprofessors.typepad.com/immigration/2009/09/new-second-circuit-naturalization-decision.html
 
Last edited by a moderator:
thank you guys for all your advises and support. i am meeting a immigration lawyer next week. i have already prepared 1447b with all supporting docs and it's ready to go. I will keep you guys up to date.
 
Jackolantern said:
They cannot do that.
Click to expand...

People are not afaird of USCIS retaliation by denying their application without a reason but they may be concerned it can force USCIS into examining more details to dig out something.
For example, In case of OP, what if they go back to examine all his original OF156 form to check if he answered "Have you ever been arrested or convicted?". What if he did not
disclose his arrest in Iran when applying for a non-immmigration visa and then after arriving in USA started to file for asylum and claimed he was arrested in Iran due to poilitical reasons?
Under nornaml case USCIS may not bother to go back and even if they notice they may choose to let it pass. But if they are in retaliation mood, will they make a big fuss out of such incosnistency
amd teh judge of the court can not overwrite them?
 
WBH said:
People are not afaird of USCIS retaliation by denying their application without a reason but they may be concerned it can force USCIS into examining more details to dig out something.
For example, In case of OP, what if they go back to examine all his original OF156 form to check if he answered "Have you ever been arrested or convicted?". What if he did not
disclose his arrest in Iran when applying for a non-immmigration visa and then after arriving in USA started to file for asylum and claimed he was arrested in Iran due to poilitical reasons?
Under nornaml case USCIS may not bother to go back and even if they notice they may choose to let it pass. But if they are in retaliation mood, will they make a big fuss out of such incosnistency
amd teh judge of the court can not overwrite them?
Click to expand...
Based on how they have handled this case, it is clear that they are already digging up every detail they can find to support a denial. If there is a valid reason for denial, USCIS will find it and use it anyway with or without a judge involved. But without a judge looking over their shoulder, they can deny him for a minor inconsistency that would have been ruled irrelevant if the judge had the chance to review it.
 
I talked to an attorney today,she told me that she saw many questioning like that in asylum cases b/c uscis wants to make sure the applicant didn't lie to them when they applied for asylum. she told me that filling 1447b only force uscis to make decision and if they are trying to deny you, it won't help my case just force them to make a fast decision. she suggests wait another month and if there is no decision then filling 1447b, or worst case scenario, if they deny me for some reason, then she can take my case and asks for a review. so i really don't know which way should i go.
 
armin78 said:
I talked to an attorney today,she told me that she saw many questioning like that in asylum cases b/c uscis wants to make sure the applicant didn't lie to them when they applied for asylum. she told me that filling 1447b only force uscis to make decision and if they are trying to deny you, it won't help my case just force them to make a fast decision. she suggests wait another month and if there is no decision then filling 1447b, or worst case scenario, if they deny me for some reason, then she can take my case and asks for a review. so i really don't know which way should i go.
Click to expand...

I am sorry it take so long but for now you have to use your second interview as baseline for waiting. It is only 12 days since then. So wait
at least 30 days.
 
WBH said:
I am sorry it take so long but for now you have to use your second interview as baseline for waiting. It is only 12 days since then. So wait
at least 30 days.
Click to expand...

From what I understand, it's 120 days from the initial interview. I believe there have been several cases in the lawsuit sticky that mentioned that.
 
Vorpal said:
From what I understand, it's 120 days from the initial interview. I believe there have been several cases in the lawsuit sticky that mentioned that.
Click to expand...

I am not talking about the lawsuits. Even the OP is not sure about that fearing retaliation by USCIS. I am talking about merit of patient
waiting. All the past waiting should be forgotten and now the baseline is 14Jan2010, which is no more than 2 weeks ago.
 
Sorry, but 1 and a 1/2 hour Interview? that means the Interviewer had no job at that day except u.?
 
Last edited by a moderator:
Hi Guys,

What's an average time for USCIS to send the decision letter ? It's been 5 weeks since my interview and as i mentioned before, i talked to three lawyers and they all advised me to wait at least 6-8 weeks before taking any action (1447b) . please let me know.

Thanks
 
armin78 said:
Hi Guys,

What's an average time for USCIS to send the decision letter ? It's been 5 weeks since my interview and as i mentioned before, i talked to three lawyers and they all advised me to wait at least 6-8 weeks before taking any action (1447b) . please let me know.

Thanks
Click to expand...

We just talked about yoru case in another alysee's case. Back to yoru question: it takes usually 3 or 4 weeks at maximum
to get oath letter when there is no big issuie that can cause USCIS to spend more time on reviewing. Your case
really drag on too long but may end well.
Make one more call to USCIS to talk to level 2 IO or make an infopass before taking any other actions
 
armin78 said:
Hi Guys,

What's an average time for USCIS to send the decision letter ? It's been 5 weeks since my interview and as i mentioned before, i talked to three lawyers and they all advised me to wait at least 6-8 weeks before taking any action (1447b) . please let me know.

Thanks
Click to expand...
You can't file 1447b until at least 120 days after interview has passed and no adjudication of your case has been made. Until then, continue inquiring with an IO over the phone or Infopass about your case.
 
Bobsmyth said:
You can't file 1447b until at least 120 days after interview has passed and no adjudication of your case has been made. Until then, continue inquiring with an IO over the phone or Infopass about your case.
Click to expand...

He went thru two interview already and 120 days has already passed since his first interview. We have discussed this before about which interview count fotr this 120 day rule - first interview or most recent interview
 
WBH said:
He went thru two interview already and 120 days has already passed since his first interview. We have discussed this before about which interview count fotr this 120 day rule - first interview or most recent interview
Click to expand...
I didn't read far back enough into the case. Since it's been 120 days since first interview , waiting another 6 weeks after second interview is a reasonable amount of time to wait before filing 1447b.
 
thank you guys. they don't transfer me to Second IO, but i mad an info pass appointment for next week.
 
You must log in or register to reply here.
Top