2nd service request reply - USCIS is actively working on my case

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futureuscitizen

Registered Users (C)
well finally I recieved a service request reply after 2 1/2 months and they are "actively working on my case" (so that mean they were passively working for sometime), So if I dont get any reply in next 6 months , contact them again.

14 months after the interview, they are still actively working on my case.

what a waste of my time to contact them everytime and what a freakin messed up agency:mad:
 
What made you contact USCIS

futureuscitizen said:
well finally I recieved a service request reply after 2 1/2 months and they are "actively working on my case" (so that mean they were passively working for sometime), So if I dont get any reply in next 6 months , contact them again.

14 months after the interview, they are still actively working on my case.

what a waste of my time to contact them everytime and what a freakin messed up agency:mad:
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I know you are a fruquent contributer to this bulletin board, excuse my ignorance. But could you please give more detail on your case? What is a service request? What was the reason behind contacting USCIS?
Thanks,
 
PD: june 2005
Finger Print: dec 2005
Interview: feb 2006 - came to know about security clearence later on
First service request: June 2006 - background check pending
done infopass in sep 2006- background check pending (realized how tough it is to get a reply with infopass at NYC fed plaza)

Contacted
Vice President - nothing other than a standard reply - no official reply from USCIS yet

Congressman - a standard reply - no official reply from USCIS yet

Senator clinton: No reply yet

Second service request: March 2007- reply - actively working on it
--------------------------------------------------------------

14 months since interview - i am waiting for my oath letter

I might wait for a month or so to get a reply from the senator, then thinking of going thru a lawyer even if it is expensive


Service requests: if ur case has been outisde the processing time and if it is 6-7 moths, when u call USCIS, the Cust Reps can initiate a service request to the distrct office or field office about the status of ur case
 
following is the exact paragraph from the letters at 8 months apart:

Feb 2007 reply from district office in NY

Based on your request we searched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not received a decision or other notice of action from us within 6 months of this letter, please call the customer service

June 2006 reply from local office in NY
The status of this service request is:

The processing of your case has been delayed. A check of our records
establishes that your case is not yet ready for decision, as the
required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward
on your case. These background checks are required to be completed on
all applicants who apply for the immigration benefit you are seeking.
We will make every effort to make a decision on this case as soon as
the
background checks are complete. If you do not receive a decision or
other notice of action from us within 6 months of this letter, please
contact us by calling our customer service



Well I have to praise this agency for actively working on my case
 
futureuscitizen said:
following is the exact paragraph from the letters at 8 months apart:

Feb 2007 reply from district office in NY

Based on your request we searched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not received a decision or other notice of action from us within 6 months of this letter, please call the customer service

June 2006 reply from local office in NY
The status of this service request is:

The processing of your case has been delayed. A check of our records
establishes that your case is not yet ready for decision, as the
required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward
on your case. These background checks are required to be completed on
all applicants who apply for the immigration benefit you are seeking.
We will make every effort to make a decision on this case as soon as
the
background checks are complete. If you do not receive a decision or
other notice of action from us within 6 months of this letter, please
contact us by calling our customer service



Well I have to praise this agency for actively working on my case
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Congrats. That means your name check is done. You should now make a trip to the DO infopass and ask some specific questions if you name check is done. Most likely you are in the oath queue
 
lotechguy said:
Congrats. That means your name check is done. You should now make a trip to the DO infopass and ask some specific questions if you name check is done. Most likely you are in the oath queue
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are u sure.? Because i dont trust these replies and these letters are from 2 different places
 
futureuscitizen said:
are u sure.? Because i dont trust these replies and these letters are from 2 different places
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Sure. Replies are bolier plate so when name check pending you will get backgound check letter. If stuck in oath queue you will get actively working letter. Somehow you need to involve some congressman office here for help.
 
Hire an attorney and file a writ of mandemus. Some people have filed it on their own and have been successful!!!
 
futureuscitizen said:
well finally I recieved a service request reply after 2 1/2 months and they are "actively working on my case" (so that mean they were passively working for sometime), So if I dont get any reply in next 6 months , contact them again.

14 months after the interview, they are still actively working on my case.

what a waste of my time to contact them everytime and what a freakin messed up agency:mad:
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A couple of questions for you:

1) Don't they only schedule interviews after a complete BC has been completed? How did you end up getting an interview and then being stuck in a BC? Makes no sense!

2) Why don't you just file a WOM? The law says that a decision has to be made in your case w/in 120 days after int. What are you waiting for? The law is clear.
 
The "only interview after all checks are completed" policy came into effect last spring. It was the result of all the lawsuits that happened when name checks held up decisions past the 120 days
 
mario123 said:
The law says that a decision has to be made in your case w/in 120 days after int. What are you waiting for? The law is clear.
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This is a misunderstanding. The 1447b law just says if a decision is not made in 120days you can go to federal court for a review of your application. No court will naturalize you and typically unless the delay is huge and "unreasonable" the court will simply remand the matter back to USCIS.
 
futureuscitizen said:
I called up the USCIS number and they told me that I am still stuck with BG check
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In my opinion it's about time for you to be VERY proactive; otherwise God knows when your case would be adjudicated. Don't forget that there are many applicants who are waiting for at least 3-4 yrs for their N-400 to be adjudicated.

First, you should stop contacting USCIS because it's a waste of time. Calling them and going to their office won't do any good in your case because your case is hung up from FBI end. There is nothing USCIS could do to help you even if you call them repeatedly or go to their office.

Secondly, you should write to Vice President and First Lady. If you have already written to them then just give 2-3 weeks at most to get their response. And if you don't get any response from them within this time range then send another mail to them because sometime mails do get lost or get ignored by certain individual in their personal staff.

Third, meanwhile be prepared for the lawsuit while taking above said step if you are REALLY serious about your cause. Lawsuit is the only answer to your situation. You don't need a lawyer to file a lawsuit. I mean when so many people have done by their own then why don't you?? Why don't you have courage and postive thinking to do it by your own? This kinds of lawsuit is all about paperwork only. Even if you have money, yet still it's a complete waste of money to hire an attorney for this kind of legal relief in my opinion. Why? Because 99% of these types of cases get resolved before they are even heard in front of Judge. US attorney offices, across the country, know well that it's waste of their time/energy/effort to try to argue on these cases because they know that they will most probably loose the case as a matter of law and fact because law very clearly states that applicants can sue USCIS if USCIS fails to make a decision within 120 days of interviewing the applicants. Thus, they have nothing to argue on these kinds of cases. Those cases which were argued by them so far were argued on the sole basis that FBI failed to do their job when it comes to background check wherein applicants still didn't loose. That's why they always expedite the background check thru FBI to adjudicate the case before the hearing once a lawsuit is filed. By the way, US attorney offices are the ones who argue any kinds of cases in Federal courts. And I'm sure you know that USCIS is a federal agency.

Choice is upon you. If you want to wait as you have been waiting so far then just relax and wait to hear something from USCIS, VP or Senators. But if you want to take the matter in your hand as others have taken and have been taking then lawsuit is your answer. If I were you, I would file the lawsuit without wasting even one day. I wouldn't wait even to hear from VP or First lady or whoever. And if I would hear from all these big shots in the meanwhile, then I could still withdraw my lawsuit. But waiting and hoping for their response is something I won't do at this stage of the game.

Good luck...
 
JohnnyCash said:
.......the case as a matter of law and fact because law very clearly states that applicants can sue USCIS if USCIS fails to make a decision within 120 days of interviewing the applicants. Thus, they have nothing to argue on these kinds of cases. ...
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You can sue the USCIS, but they are not compelled to make a decision within 120 days, right? I saw somewhere where supposedly the law just states that USCIS has to give you an answer in 120 days. That answer could be that your case is still pending :cool:
 
mario123 said:
You can sue the USCIS, but they are not compelled to make a decision within 120 days, right? I saw somewhere where supposedly the law just states that USCIS has to give you an answer in 120 days. That answer could be that your case is still pending :cool:
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(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.


1446
(d) Determination to grant or deny application
The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.
 
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