Help please.

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z28eater

Registered Users (C)
So I went for my interview on 1/11/10 and a decision can't be made. I was told by the interviewing officer that everything should be fine and I should hear something in 3-4 weeks. That would put it around the beginning of February. So naturally when I didn't hear anything I contacted my Senator's office. He just called me back to say that my case is still under review and that it can take up to 120 days to hear back. Do Senator's offices have any pull? The representative did say that if I heard anything to call him back....I thought that was a little strange.
Anyone been though this? Any thoughts?
 
What issue did you have so that the IO gave you a "a decision can not yet made" result?
 
z28eater said:
I was arrested when I was younger and I have no criminal record.
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You need to disclose here what happened during the interview. There are people with record who get naturalized, and then there are people with "small" record who fail. Unless we understand the discussion, the documents asked, the documents provided or not provided, the demeanor of the IO and so on ... it will be very hard to say what's going on.
 
I have NO record what's so ever in this country or any other country. I was arrested back in 1994 and 1998. One was a aquital and the other was withdrawn against me. The officer said that my name check and FBI prints came back clear and that because these incidents happened more then 10 years ago that it is past the statue of limitations. The officer was happy to see that the arrests were longer than 10 years. He said everything should be fine and not to worry.
 
Yes I submitted all court documentation from the beginning of my journey. Just arrested no plea, no probation and no convictions.
 
z28eater said:
Yes I submitted all court documentation from the beginning of my journey. Just arrested no plea, no probation and no convictions.
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I think you will be fine but just need to wait.

By the way, call 1-800-375-5283 and request for transfer to an IO opr make an infopass. You can get more accurate
information than from Senators
 
You just have to sit and wait. Many people who have no arrests nor anything else that requires further investigation still end up waiting 2 or 3 months.

But they have an obligation to make a decision within 120 days after the interview. If they fail to decide your case within that time frame, you have the right to file a 1447(b) lawsuit.
 
z28eater said:
I have NO record what's so ever in this country or any other country. I was arrested back in 1994 and 1998. One was a aquital and the other was withdrawn against me. The officer said that my name check and FBI prints came back clear and that because these incidents happened more then 10 years ago that it is past the statue of limitations. The officer was happy to see that the arrests were longer than 10 years. He said everything should be fine and not to worry.
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Even straight forward cases often take time for review by these IO's for no reason. Don't read too much into the connection between your history and the delay in processing your case. If the IO indicated that he is not concerned with your arrests more than 10 years back, there is no reason to suspect him. As for senators and representatives, the rules say that they can only enquire on your behalf but they cannot influence the pace of case processing. Only the executive branch (white house, DHS, USCIS top management or local DO director/supervisor etc..) can do something about these cases.

Coming to the point of why it takes so long to review cases which are pretty much done, I have read few stories where the IO's didn't review them because they simply FORGOT to look into the cases after the interview. I guess some IO's get busy with other cases until the system or the supervisor or something reminds them that the case is past due for a decision. I saw this case before when the IO had to be reminded by the applicant several months after the interview that his case is still pending. All that time, the IO had his case file but forgot about it. That is how some IO's work. On the other hand, some IO's have the habit of keeping their word given during the interview and put a reminder to process pending cases in a timely fashion. At this stage, it all depends on the work ethics of the IO & little bit of luck. We just need to wait.
 
I am just really worried. I don't care if they deny me, but if they start proceedings to revoke my GC then I am up Sh^t creek without a paddle. Do you think that perhaps by contacting the Senator will push my case along and for USCIS to realize hey we have been sitting on her case for 2 months now?
 
z28eater said:
I am just really worried. I don't care if they deny me, but if they start proceedings to revoke my GC then I am up Sh^t creek without a paddle. Do you think that perhaps by contacting the Senator will push my case along and for USCIS to realize hey we have been sitting on her case for 2 months now?
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Were arrest before or after the GC application? if before, did you disclose them on I485?

If there was no conviction, I don't see how deportation can happen. By the way, is the charge itself
for some offense that is deportable? You can look up indefnition of depoirtable offense in INA 237 here at http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5672.html
 
z28eater said:
I am just really worried. I don't care if they deny me, but if they start proceedings to revoke my GC then I am up Sh^t creek without a paddle.
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If it was a straight-out NOT GUILTY, without you having to get probation or do community service or pay a fine or any other penalty, they can't revoke your GC for it, provided you disclosed the incident on your GC paperwork and naturalization, which you did.
 
z28eater said:
I was arrest before my GC and yes I disclosed it in my I485.
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I don't think you're going to get deported as that would have happened at your GC time.

Did you call USCIS/make an Infopass? If not, you need to do that before getting senators/ombudsperson involved.
Otherwise, its like calling Dominos Pizza Corporate HQ to find out why your Pizza hasn't been delivered (Calling the Dominos Pizza where you placed the order would be more efficient).
 
I contacted the Senator's office only because I really didn't think that customer service would transfer me over to an officer. Trying to get thru them can be hell sometimes. I live 4 hours away from my local office so I didn't want to ride all the way up there for them to say sorry you have to wait 120 days...Have a nice day.
 
z28eater said:
I contacted the Senator's office only because I really didn't think that customer service would transfer me over to an officer. Trying to get thru them can be hell sometimes. .
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You have to use one of the many tricks to get to an IO, like telling 1st line agent you just got disconnected and were speaking with an immigration officer, or you applied more than 30 days and never got your receipt.
 
Bobsmyth said:
You have to use one of the many tricks to get to an IO, like telling 1st line agent you just got disconnected and were speaking with an immigration officer, or you applied more than 30 days and never got your receipt.
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I am not sure if the USCIS will one day prosecute applicants who use tricks to past CSR to IOs. All conversation
can be recorded so they have evidence. After more and more applicants learn such tricks, the IO will get more calls
and they will be mad why CSR transfer so many unnecessary calls.
 
WBH said:
I am not sure if the USCIS will one day prosecute applicants who use tricks to past CSR to IOs. All conversation
can be recorded so they have evidence. After more and more applicants learn such tricks, the IO will get more calls
and they will be mad why CSR transfer so many unnecessary calls.
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Or they might just start training the CSR's better and give them more information which the IO's and the CSR's dont seem to. The CSR is a pointless waste of tax payers and applicants money if you ask me.
 
WBH said:
I am not sure if the USCIS will one day prosecute applicants who use tricks to past CSR to IOs. All conversation
can be recorded so they have evidence. After more and more applicants learn such tricks, the IO will get more calls
and they will be mad why CSR transfer so many unnecessary calls.
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Actually many IOs encourage you to call back, so I doubt USCIS would ever go after applicants for such tactics.
 
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