Pending N400 for over one year or more - intent or suing USCIS

As the name suggests :) We can all help each other with new ideas and all else fails we can sue USCIS together.
 
Perfect...
I was happy to hear about your progress with the supervisor yesterday. It looks like you are in the same boat as I am with background checks completed and someone from NBC has to forward the case to the field office.
I got literally the same response from SR that I filed on March 3rd which I got back in November. This was their response

Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner. We regret any inconvenience that results from delays in processing.

The way I translated this for myself is we are not adjudicating this case anytime soon and you can do whatever you want.

By the way, did you request the supervisor to expedite your N400 or he suggested himself? It would be nice if you followed up with the field office in about 3 weeks to know the status of the motion he filed.
 
For the people who happen to come across this forum, this is my timeline

Priority date of N400 04/28/2016
Fingerprints done 05/24/2016
Last soft LUD 4/13/2017

My online status has not changed since May. All it says On May 5, 2016, we scheduled you for a biometrics appointment and mailed you an appointment notice for Receipt Number
I have filed two SRs, one infopass, one senators inquiry, tried to inquire from District director, NBC section chief, NBC Director, Associate Director of Customer Engagement Center. As of today my case sits with NBC with background check completed but has not moved to field office.
I am planning on filing a lawsuit on October 1st. I have already spoken to Jim Hackings office. If someone would like to file their complaint along with me with Jim Hacking, that would be great.
I am sure many of you are in the same boat as I am, please share your experience.
 
zee40 said:
Perfect...
I was happy to hear about your progress with the supervisor yesterday. It looks like you are in the same boat as I am with background checks completed and someone from NBC has to forward the case to the field office.
I got literally the same response from SR that I filed on March 3rd which I got back in November. This was their response

Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner. We regret any inconvenience that results from delays in processing.

The way I translated this for myself is we are not adjudicating this case anytime soon and you can do whatever you want.

By the way, did you request the supervisor to expedite your N400 or he suggested himself? It would be nice if you followed up with the field office in about 3 weeks to know the status of the motion he filed.
Click to expand...

I feel the same way like you said about my file got to get cleared by NBC before sent to my FO, however the response to my recent SR, sated that my case is on processing hold till all security checks received. However why they scheduled an appointment if that was not done ahead of that specially my case is NBC not ELIS and got to be done manually for interview scheduling. Anyway I requested the expedite processing at this late stage and he suggested sending a motion to NBC to request my file and told me this request will be sent and added to my file at NBC> I told him is'nt it the case that you field office are the one to approve the request, he smiled and said yes.I hope send that motion plus adding this request to my file will trigger a movement. I did request my congressman too on 04/12/17 for help as well. I am trying to get done before the 15 months expiration of name check, finger prints. Hoping for a speedy processing for me, you and everyone like us waiting.
 
When they upload the expedite request in your file, you will notice a soft LUD. It should happen the same or the next day.
What was the reason you gave for expedite request?
 
zee40 said:
When they upload the expedite request in your file, you will notice a soft LUD. It should happen the same or the next day.
What was the reason you gave for expedite request?
Click to expand...

I am keeping an eye on this soft LUD but so far nothing uploaded. It was based on USCIS error with scheduling then desheduling and for humanitarian basis to be able to do a medical trip for non covered medical treatment by our insurance company.
 
The Californian said:
No soft LUD yet and I am not sure if it will happen, the supervisor said this request will be se sent and added to your file at NBC and a motion to request the file will be sent but nothing showing on my case history:(
Click to expand...
Btw I tried to call the name check program you gave me on trackitt but its always a voice mail, am I suppose to leave a message or they do answer the phone ?
 
Try after sometime or on Monday. There is a lady who answers the phone. She is a pleasant person, she is never rude. I had called several times in the past when my name check was pending.
I got an reply via email using USCIS account, below is the reply

We regret the time it is taking to process your application. USCIS records show that the processing of this case has been delayed because the required USCIS review is still in process. Until the required review is completed, this agency cannot move forward on this case.

Please understand that the review is part of the process for adjudicating cases of a similar nature. While an exact date for completion of the review is not known at this time, USCIS will make every effort to make a decision on your case as soon as the review is completed.
 
zee40 said:
Try after sometime or on Monday. There is a lady who answers the phone. She is a pleasant person, she is never rude. I had called several times in the past when my name check was pending.
I got an reply via email using USCIS account, below is the reply

We regret the time it is taking to process your application. USCIS records show that the processing of this case has been delayed because the required USCIS review is still in process. Until the required review is completed, this agency cannot move forward on this case.

Please understand that the review is part of the process for adjudicating cases of a similar nature. While an exact date for completion of the review is not known at this time, USCIS will make every effort to make a decision on your case as soon as the review is completed.
Click to expand...

Thank you for the tip. I will try on Monday. Is your case NBC or IOE?
 
I use ELIS for sending emails and seeing status updates. ELIS is pretty slow, when I talk to immigration officers they say ELIS doesnt always work as it should.
Do you use ELIS?
 
Hello All,

I've been following this forum for quiet some time. I'm in a similar boat and would like to explore similar possibilities. Also, some background info on my N400:

- I filed my 1st N400 around Nov 2013 in SEA (Field Office)
- Got my Biometrics appointment and everything was moving as normal
- Finally received my Interview notice. Appeared for an Interview only to find out that it has been "Descheduled". (FYI, SEA conducts Oath ceremony the same day)
- After that, it was simply fell into a black hole. Tried every single option; congressman, senator, ombudsman etc.but to no vail.
- Moved to CA (2015) and after few months out of no where received an Interview letter.
- Passed the interview, test etc.Decision cannot be made.
-Received a letter "Rejection Notice" under section INA 319- Reason: (Filed for N400 2 months earlier) I'm not gonna go into the details on what caused the confusion :)
- The frustrating part is that this should have been identified at the time of filing the application. Not waiting for 2 yrs go thru the interview process only to find out you didn't qualify to begin with.

Fast forward 2016
- I moved to a different Jurisdiction so waited 3 months before applying for New N400 again (03/2016)
- Got my Biometrics done 1+ month later.
- It's been 1+ year and I'm stuck in the same place.
- 2 Info Pass appointments, 1 SR, and reopened case with ombudsman. No success so far.

Any suggestions, if I should explore any options against USCIS? My understanding was; If I appeared for my 1st N400 interview (that means technically) my background was cleared otherwise, they would have NOT schedule my N400 interview. Secondly, shouldn't this have helped speed up things on my New application? Or they are going to start the process all over again?

Sorry about the lengthy post. I will highly appreciate any suggestions/advise

Thanks!
SS
 
Well this seems the usual unknown delays on small percentage of cases, My filing date was 03/16/16 and I had my interview descheduled a week before the date. Build up your case by exhausting all the efforts from infopass, congress and senator and ombudsman. You need to show the judge that you tried your best to have your case decided, in case ,Writ of Mandamus, becomes the only resort.. AS far as BC and FP, these are good for 15 months only. Good luck to you and all of us waiting.
 
Did you have an option to appeal the denial? If not, it looks like for the first application your background was clear therefore they scheduled you for the interview again. Ideally, you want to update your address as soon as you move. I initially applied in Wisconsin then moved to Chicago but filed for change of address right away. Now my field office is Chicago.
If you file change of address then its their fault otherwise its yours unfortunately.
Regarding your current N400, do you know where its stuck NBC or field office? You could be in the same field office as Californian.

I would agree with Californian that you need to save all the evidence that you tried your best to reach out to USCIS and they didnt move on your case. You should save the SR responses, infopass receipts. You are definitely delayed, no doubt about that but lets find out where you are stuck in the background check process.
Worst case scenario, you file 08:Hearing for Naturalization Application, that would definitely get case moving.
 
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