120 days has passed

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bashar82

Registered Users (C)
120 since my interview passed on October 6 without any significant correspondence from USCIS regarding my case though I sent several certified requests. However, I did get a AR-11 from the local office the other day. Anyways, here's the letter I wrote to the officer in charge of the Norfolk office and the Virginia district director based at the Fairfax office. I'd appreciate it if you guys would give me some input before I send it off later this week.

At the end of my interview in June 2005, I was informed by my interviewing officer, H. Xiao that I should contact your office if a decision on my application had not been made within 120 days.

The 120 day period following my initial examination ended on October 6, 2005. During this period, I did not receive any correspondence, other than a AR-11 Form, from USCIS though I sent several requests for updates on my pending case.

I request your immediate attention to my case so that it may be resolved in a timely manner. If you have any questions or concerns, please contact me at the earliest.

Sincerely,
 
It looks good, just send it as a do delegence in case you sue them later on. but practically, nothing will happen until your name check is cleared.
 
If my case isn't finalized within the next month or so I think I'll be heading to court. A family friend in my state has agreed to file the petition for me for free and while a distant relative, who is an immigration lawyer in Texas, will provide guidance.

The law says USCIS has 120 days from the day of the initial interview to make a decision. USCIS has been more than happy to inform my family and me of several immigration laws over the past several years (not all of them were in a nice way) and I'm more than happy to let them know of the law they're supposed to follow this time around!
 
i thought USCIS is required to make a deicsion 120 days after the first interview IF they receive all evidences, including name check.
 
Bashar, your letter seems ok ... maybe a little 'direct' towards the end considering that you are looking for cooperation. You show that you are still patient because you want to wait another month before you take further action. I would not mention the officers name here ... not sure why, but the real name of the officer is not relevant to your question. Maybe for the same reason we all keep our real identities privat.

Alex
 
According to the AILA brief (http://www.ailf.org/lac/lac_pa_052604.asp), the law states that a decision must be made within 120 days of the initial examination. USCIS has tried to argue that the namecheck is part of a continuous examination process but this argument has failed. USCIS has also tried to schedule follow-up interviews but the law's wording creates a difference between "initial examination" and "re-examination".

My "initial examination" took place over 120 days ago. During this time, I sent polite letters (certified of course) asking for simple updates on my case. I did not receive a single response. And I deferred entrance into a reputable grad program abroad for a year because of this and I sure as hell am not going to wait three years to be approved.

I did not intend to mention the officers name. I had actually intended to paste the letter I wrote to the officer which did not mention his name in the body. But, members have posted names of officials of government agencies on here before, so whether his name is on here or not, it doesn't bother me.
 
did you mean you sent them a letter AFTER the 120days over, or DURING the 120 days?

since your 120 days was just over on Oct 6, I am not sure how soon they would reply your letter thou if you sent to them on or after oct 6th.
 
At the end of my interview, the officer said that he would send an inquiry to the FBI regarding my namecheck. After reading stories about the lack of communication between USCIS and the FBI I sent a letter asking whether the an inquiry had been sent. By the end of July I had not received a response so I sent a certified letter asking for an update on my case and I did that in September too.
I just mailed the 120 letter to them this morning.
 
Can anyone please help with this unreasonable Naturalization delay?

Please Someone Help with Naturalization Delay!

1. Applied for Naturalization 02/2002
2. Had Interview 12/2002 (passed the English and History test, but the officer said a decision can not yet be made on my application)
3. FBI name check completed 12/2002
4. FOIA came with "no records" from FBI.

I have visited the local immigration office every few months in the last year and the answer I was given was always the same "Your background check is not complete yet and we can not adjudicate your application without having your background check completed".

I also had the senator's office check up on my case and they forwarded me the letter they received from USCIS.

The letter reads "Dear Senator, we regret the delay in responding to your letter on behalf of your constituent, who has applied for United States citizenship and is awaiting his oath ceremony. As you know the world changed dramatically with the tragic events of September 11, 2001. One of the major changes within the USCIS is the absolute necessity for all security checks to be completed before any immigration benefit can be approved. Unfortunately, in many cases, these background checks may take many months to complete. The case of your constituent my name is being delayed by the background check process. The local USCIS is aware of Mr. my name 's case and is still on track for processing when the security checks are completed. Please assure Mr. my name that his case will be processed as expeditiously as possible when the results are in.

I alsohad my congressman's office check in with Immigration periodically to check on my case and the answer they keep getting for my case is always the same "PENDING".


I was arrested in 1996 for Domestic Violence and the charges were dropped by state attorney, I have disclosed this on my application and gave them the court certified paperwork.

I feel that I have no other choice but to file mandamus. Can anyone please help with this unreasonable naturalization delay, any suggestions please?
 
did you have any offical documentation to show your FBI name check was completed in 2002?

may be it would help when you bring them to the court.
 
Hi Bashar,

Does this 120 day rule just apply to naturalization applicants.
How about AOS applications

thanks


bashar82 said:
If my case isn't finalized within the next month or so I think I'll be heading to court. A family friend in my state has agreed to file the petition for me for free and while a distant relative, who is an immigration lawyer in Texas, will provide guidance.

The law says USCIS has 120 days from the day of the initial interview to make a decision. USCIS has been more than happy to inform my family and me of several immigration laws over the past several years (not all of them were in a nice way) and I'm more than happy to let them know of the law they're supposed to follow this time around!
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