waiting waaaay tooooo loooong for interview

G

gian

Registered Users (C)
how's everybody doing... i'm new in this forum and i need help from anybody here...

im having some issues with my application. im not sure about anything else but i think its a very big problem. i sent my n-400 application in feb 9 2009. i did my fingerprints around march (i didn't make it to the appointment but i just went there a week after). i got my checklist paper (yellow paper) couple weeks after my fingerprints. But after that nothing has followed up. im still waiting for my interview and today is already July 10, 2010!!!!! i've called the uscis costumer service about 4 times already in the past couple of months. they said they will inform whoever is processing the papers that im way outside the processing time. also, i was told that i was put on queue (or waiting list) for an interview appointment in january 15, 2010. after that i got a service request letter and it says that i should receive my interview appointment letter in 60 days, but those 60 days have already passed and i still didn't get anything. i called them again and this time they did the same thing again and i received an email saying pretty much the same thing except for the 60 days. this time it says that i should receive my interview appointment from the local office (no timeframe).

so what are the things that i can do? my local office here is not really helpful at all (ive been there twice and all they could tell me is WAIT!). im thinking of getting help from an attorney but im not sure what an attorney can do in this situation. the only issue that i know that can hold my papers is missing my fingerprint appointment. but they shouldn't hold me this long just because i was only a week late on my fingerprints. i know im already in the waiting list but still it's been over a year and a half since i sent my application and im still waiting. and before i forget, i was in the military before. i got out in 2006, i dont know if thats an issue. (i know i should have done my citizenship when i was still in, just don't ask why i didn't do it. its out of the topic).
 
File a Writ of Mandamus in your local District court, there is a Thread on this forum for that, it has all the information. That will sure have the ball rolling for you and yes you are right something is wrong and only way to find out is WOM an attorney wouldn't be able to do Jack for you without filing a WOM.
People have taken FP one week before and after and that hasn't been a problem.
BTW did you have a honorable discharge?
 
Last edited by a moderator:
gian said:
how's everybody doing... i'm new in this forum and i need help from anybody here...

im having some issues with my application. im not sure about anything else but i think its a very big problem. i sent my n-400 application in feb 9 2009. i did my fingerprints around march (i didn't make it to the appointment but i just went there a week after). i got my checklist paper (yellow paper) couple weeks after my fingerprints. But after that nothing has followed up. im still waiting for my interview and today is already July 10, 2010!!!!! i've called the uscis costumer service about 4 times already in the past couple of months. they said they will inform whoever is processing the papers that im way outside the processing time. also, i was told that i was put on queue (or waiting list) for an interview appointment in january 15, 2010. after that i got a service request letter and it says that i should receive my interview appointment letter in 60 days, but those 60 days have already passed and i still didn't get anything. i called them again and this time they did the same thing again and i received an email saying pretty much the same thing except for the 60 days. this time it says that i should receive my interview appointment from the local office (no timeframe).

so what are the things that i can do? my local office here is not really helpful at all (ive been there twice and all they could tell me is WAIT!). im thinking of getting help from an attorney but im not sure what an attorney can do in this situation. the only issue that i know that can hold my papers is missing my fingerprint appointment. but they shouldn't hold me this long just because i was only a week late on my fingerprints. i know im already in the waiting list but still it's been over a year and a half since i sent my application and im still waiting. and before i forget, i was in the military before. i got out in 2006, i dont know if thats an issue. (i know i should have done my citizenship when i was still in, just don't ask why i didn't do it. its out of the topic).
Click to expand...

Before you do something complicated and expensive like hiring an attorney and/or filing a lawsuit, I suggest that you contact your members of Congress and ask them for help. Contact both the U.S. Senators for your state and the member of the U.S. House of representatives for the area where you live. All members of Congress have special support staff for dealing with immigration-related constituent request. USCIS responds faster and much more honestly and substantively to congressional inquiries, compared to the inquiries from the applicants themselves. Also, an external intervention of this kind can often help to dislodge a stuck case. At the very least you'll find out exactly what's going on. If it turns out that you are still stuck in the FBI Name Check, then it'll be time to file a lawsuit.
As for waiting a long time for an interview, check out my timeline.

By the way, since your application was filed in Feb 2009, your fingerprints probably expired by now and you'll need another FP appointment.
 
Last edited by a moderator:
It sure upsets me though, you served the country put your life in harms way and this is the crap you get for doing all that and were paid peanuts doing that, at the same time somebody comes from India ( by the way I am from India as well ) on H1 makes pretty darn good money doing that in a safe environment apply for Citizenship after initially going thru the hoops of a GC and get it all done in no time. I have yet to find a Indian out of hundreds of thousands that came on H1 that have any intentions now or ever to serve this country, just too busy making money including me.
It's a shame you should still get some sort of preference even after you got out of military, I read a post by another military guy, got injured, lost a leg, got a purple heart and comes time to naturalize and his name got stuck in FBI name check for three years until he files for 1447(b). It took summons of the court to get his naturalization.
 
Last edited by a moderator:
thanks everybody for giving me advice. i got an honorable discharge when i got out of the military. i was hoping that my military background would help ease the process but i guess it didn't help at all. i never heard of Writ of Mandamus, but from what i read just know in this forum, is it about suing the uscis? i never thought that was possible. it never came to my head to do something like that but know you guys got me thinking. is this something that i can talk to with an attorney? because i don't think im comfortable doing something like this by myself but i do want to get everything on the right track. i live in alaska and my district office is here in anchorage. im not sure about the service center i just couldn't remember on top of my head.

or maybe i should look more into getting help from the congress first just like baikal3 said. i have to do more research on doing that.
 
Yes, a Writ of Mandamus is a form of a lawsuit. Basically it seeks to compel the USCIS to adjudicate your N-400 application. There is a big thread in this forum regarding this, where you can find more details:
http://forums.immigration.com/showt...nst-USCIS-or-thinking-about-a-lawsuit-(Merged)
Yes, if you do decide to proceed with a mandamus action, that will be something that you can have a lawyer help you with.

However, I strongly suggest that, before you do that (which may indeed become necessary), you contact your congressional representatives and ask them for help. You should definitely mention to them that you served in the military. Members of Congress do care about such things even if the government bureaucracies don't.
At least, this way you will get accurate information about what is really happening with your case.
I had problems with INS/USCIS both at the green card and at the N-400 stage. Both times I was getting the bureaucratic run-around and a great deal of misinformation from USCIS. If was only through the congressional inquiries that I was able to get accurate information about what was going on. Moreover, when my case was stuck for about 2 years at the green card stage (my I-485 was approved in March 2002 but my physical green card was not printed until March 2004 because INS lost some of my documents on the way to the card production facility), it was only after an inquiry from the Senator's office that the matter was resolved (and very quickly). Contacting members of Congress is fast, fairly easy and does not cost you any money.
If it turns out that that does not help, then I would say that you should get a lawyer and get started on a mandamus action.
 
You have to contact various parties like the Ombudsman, Senator, Congressman before filing the WOM. The court reviewing the WOM expects that you have already attempted such avenues to resolve the issue without the courts. If you haven't done so, they'll tell you to do that first before they (the court) will take action to help you.
 
Filing a WOM is premature. Contact your congressperson and USCIS ombudsman asap. Stress the fact that you are ex-military and that your case has been on hold for so long.
 
it seems that most people here prefers contacting the congressman and the ombudsman than filing a WOM. i really appreciate everybody's help. i've looked into the contacting the congressman a lil bit over the internet but i need more information and how to properly do it. if this is a one time chance then i don't want to mess it up. are there any tips or maybe samples of letters that are already sent before by the users in this forum? if i can look at some maybe i could get an idea how to properly do one. again thanks for everybody's help.
 
gian said:
it seems that most people here prefers contacting the congressman and the ombudsman than filing a WOM. i really appreciate everybody's help. i've looked into the contacting the congressman a lil bit over the internet but i need more information and how to properly do it. if this is a one time chance then i don't want to mess it up. are there any tips or maybe samples of letters that are already sent before by the users in this forum? if i can look at some maybe i could get an idea how to properly do one. again thanks for everybody's help.
Click to expand...

After the approval of my I-140, USCIS messed up in not sending my file to National Visa Center for them to take the process forward for a consular processing. I had filed my petition through an attorney by paying a ton of a free and hence, I kept pressuring the attorney to contact USCIS and see what is going on. However, even though it is a top law firm, the attorney kept saying that they have sent a letter to USCIS and waiting for them to respond. I was of the opinion that USCIS receives thousands of letters every day from everyone, what are the chances of them looking at my attorney's letter and acting on it?

5.5 months pass this way and I was really concerned about the PDs retrogressing. I thought enough is enough and that I should do something on my own. I contacted my local republican senator's office. I called them a few times but no answer. I called the democratic senator's office. A lady picked up and I explained my problem. She asked me to immediately send her the I-140 approval notice, which I did. Within one day, they came back saying that USCIS says that they have sent my file to NVC. I said but NVC says that they have not received it. So, they contacted NVC and got the same reply.

So, when the senator's office got confirmation from NVC that they have not received the file yet, they got my file searched at both places through their contacts and it turned out that my file was gathering dust somewhere in the same service center for the past 5.5 months even though it had to be sent to NVC right way!

All this took abotu 3-4 days and viola! I get the NVC letter within a week and then I took the process forward. Within about 2 weeks after I did my CP, the dates retrogressed! I was so darned lucky!

I attribute it to the run-around that I did without waiting for my attorney who was surprised that I got all this done behind their back without telling them anything. I gave them an earful.

So, the gist is, the local senator's/congress persons' office definitely help if you explain clearly what the problem is. Just keep trying to call a few different such offices if you don't get a response.

I am sorry that my post is too long, but I wanted to explain what I faced and how it got resolved.
 
gian said:
it seems that most people here prefers contacting the congressman and the ombudsman than filing a WOM. i really appreciate everybody's help. i've looked into the contacting the congressman a lil bit over the internet but i need more information and how to properly do it. if this is a one time chance then i don't want to mess it up. are there any tips or maybe samples of letters that are already sent before by the users in this forum? if i can look at some maybe i could get an idea how to properly do one. again thanks for everybody's help.
Click to expand...
Go to your congressperson's website..most have instructions on how to obtain assistance regarding immigration cases.
 
gian said:
it seems that most people here prefers contacting the congressman and the ombudsman than filing a WOM.
Click to expand...

It is not really a matter of preference. If you don't show that you've already contacted those parties and given them some time to act before filing WOM, the court will almost surely refuse to help you.
 
GCChaahiye said:
After the approval of my I-140, USCIS messed up in not sending my file to National Visa Center for them to take the process forward for a consular processing. I had filed my petition through an attorney by paying a ton of a free and hence, I kept pressuring the attorney to contact USCIS and see what is going on. However, even though it is a top law firm, the attorney kept saying that they have sent a letter to USCIS and waiting for them to respond. I was of the opinion that USCIS receives thousands of letters every day from everyone, what are the chances of them looking at my attorney's letter and acting on it?

5.5 months pass this way and I was really concerned about the PDs retrogressing. I thought enough is enough and that I should do something on my own. I contacted my local republican senator's office. I called them a few times but no answer. I called the democratic senator's office. A lady picked up and I explained my problem. She asked me to immediately send her the I-140 approval notice, which I did. Within one day, they came back saying that USCIS says that they have sent my file to NVC. I said but NVC says that they have not received it. So, they contacted NVC and got the same reply.

So, when the senator's office got confirmation from NVC that they have not received the file yet, they got my file searched at both places through their contacts and it turned out that my file was gathering dust somewhere in the same service center for the past 5.5 months even though it had to be sent to NVC right way!

All this took abotu 3-4 days and viola! I get the NVC letter within a week and then I took the process forward. Within about 2 weeks after I did my CP, the dates retrogressed! I was so darned lucky!

I attribute it to the run-around that I did without waiting for my attorney who was surprised that I got all this done behind their back without telling them anything. I gave them an earful.

So, the gist is, the local senator's/congress persons' office definitely help if you explain clearly what the problem is. Just keep trying to call a few different such offices if you don't get a response.

I am sorry that my post is too long, but I wanted to explain what I faced and how it got resolved.
Click to expand...

don't worry your post wasn't that long, plus i need all the info i need to get my papers rolling. at first i was thinking i should send them letters but i guess i could just call them and try to contact them. well, contacting the congressperson or the senator is something that i've never done before but i'll give my best shot tomorrow and try to make contact with them. most of the phone numbers are for the Washington d.c. office but they also got office numbers here in anchorage. but how exactly do i approach them? do i just tell them that i got issues in filing my citizenship and i need the congressperson/senator to help me out? sorry if it's a dumb question. i have never done anything like this before and i never thought i would be doing this.
 
and before i forget. should i call the office in d.c or in anchorage? im not sure which one is better to call. i live in anchorage but i believe the main office of the congressperson and the alaska senator is in washington d.c.
 
gian said:
and before i forget. should i call the office in d.c or in anchorage? im not sure which one is better to call. i live in anchorage but i believe the main office of the congressperson and the alaska senator is in washington d.c.
Click to expand...

Did you go to their website and follow the link for immigration case status help?
 
gian said:
and before i forget. should i call the office in d.c or in anchorage? im not sure which one is better to call. i live in anchorage but i believe the main office of the congressperson and the alaska senator is in washington d.c.
Click to expand...
if you go to your local senator/congressperson web site, you will be able to find this information. most, if not all; have local office numbers as well as DC contact information. most, if not all will have immigration issue liasion; that's the number/extension you want to use for your purpose. being mid term election year may have more favaorable response from elected officials, good luck!
 
sorry i was being dumb. at first i couldn't find the immigration page on my congressman's website. earlier today i found it, followed the instructions and i sent a letter through fax and hopefully i'll get a reply. i really appreciate everybody's help. this forum helped me alot, way better than the uscis customer service :) i know my battle isn't over yet and i got long ways to go before i get my citizenship but i really thank everybody who answered to my posts. maybe next week if i don't get any reply from my congressman i'll try to do the same thing to the senator. also in a couple of days i'll also try to call the congressman's office and see what action they can do for me.
 
gian said:
sorry i was being dumb. at first i couldn't find the immigration page on my congressman's website. earlier today i found it, followed the instructions and i sent a letter through fax and hopefully i'll get a reply. i really appreciate everybody's help. this forum helped me alot, way better than the uscis customer service :) i know my battle isn't over yet and i got long ways to go before i get my citizenship but i really thank everybody who answered to my posts. maybe next week if i don't get any reply from my congressman i'll try to do the same thing to the senator. also in a couple of days i'll also try to call the congressman's office and see what action they can do for me.
Click to expand...

I think you will be better served by your Republican Senator Lisa Murkowski who is due for re-election this November. Forward signed Privacy Act Release form with all details to her office. This form is mandatory for a Senator or Congressman to initiate action with any Federal Agency.
 
yeah i think so too but i decided to go to the congressman first then go for Lisa Murkowski maybe next week. i just want to try first and see how things are gonna go with the congressman. i already filled up one of those privacy act release papers and sent it to my congressman through fax earlier today. if things dont go well then i'll go for the senator next. i was thinking of sending both the congressman and the senator the privacy act release papers earlier today but i decided not to do it in the same time and give the congressman time and see if he'll put some work on it.
 
You must log in or register to reply here.
Top