A Very Complicated Situation with N-400: PLEASE HELP

Alexandra2009

Registered Users (C)
Hello All,

I apologize in advance for a very long post but I really need help and would greatly appreciate any input you can provide.

My brief background:

I came in USA on December 12th 2002 on a fiancé visa and very shortly got married. My husband was a very smart man and we did have a good life together, however, he would loose his temper very often and we fought a lot. One time our fight was so bad neighbors called the police. A few months later we had another bad fight and I called the police myself. He was arrested and he got a restraining order. He begged after that to forgive him and he promised he will never lay his finger on me again and that he will get help (counseling). Make a long story short even thought we tried to work on our issues we weren’t very successful. We decided to split and go our separate ways. We got divorced in October 2006. Six months later I met a great guy and I got remarried very shortly after that.

Got my Green Card: 12/17/2003
Applied to remove conditions: 09/20/2005
Conditions removed: 4/17/2006
Separated from my husband: 3/08/2006
Applied first time for citizenship based on marriage: 9/22/2006*

• I applied for citizenship first time based on marriage because we were back and forth with my husband and were trying/hoping get back together (I have hundreds of emails to prove it). My husband was also encouraging me to apply.

Had my FP appointment on 10/10/2006
Got divorced: 10/20/2006
Had an interview almost a year later on 09/10/2007
Got denied because of the divorce*

• My interview was very short, not even 1 minute; I honestly told the officer that I got divorced. He said that he is very sorry but he has to deny me. He also told me that I can apply by myself after I am a permanent resident for 5 years. I thanked him for his time and left.

Applied for citizenship for the second time based on 5 years of being a permanent resident
Application received: 10/03/2008
Had my Fingerprint appointment: 10/21/2008
Had my N-400 interview: 12/09/2008*
Oath Letter: ??????

• Passed the test but was told by the IO that decision can not be made yet and that he needs to request some document and that I should hear something very soon. I asked him will I get my citizenship after you get that “paper”, he said: “I do not see why not”.

It’s been over 120 days since my interview and no reply.
I called the help desk at 1-800 number and they created a service ticket.
I received a very general reply from USCIS that they actively working on my case.

Scheduled an INFO PASS appointment a few weeks ago (04/17/2009), waited for a few hours to talk to a supervisor. The IO Lisa Thompson, at USCIS in Fairfax, VA (btw she is the most evil and vindictive person I have ever met in my life), told me that I need to come back tomorrow and that somebody will review my case. I went back the next day. I was waiting for 4 hours. Every time I would go ask the officer Thompson for an update she would tell me to go back to my seat and wait. The officer Thompson left for lunch and I started to cry hysterically, I was very upset and did not know what to do. I went and talked to some random woman in the window and she felt very sorry for me. She was so kind to go back and check on who is handling my case. When she came back she told me that nobody even knew that I was waiting in the waiting room, and the officer Thompson put on my paper work “NOT WAITING”. Can you imagine my frustration? I asked for a supervisor. A very nice man came out to talk to me and he apologized for misunderstanding and he said my case is awaiting “a supervisor signature” and I should hear something within a few weeks.

I’ve contacted Congressman Wolf’s office. They were very nice and made an inquiry on my behalf.
I spoke to the lady from congressman’s office yesterday and she gave me some very interesting updates:

She told me that my fingerprints and all the security checks with FBI have been completed and that INS (USCIS) is currently reviewing my case or the results they got from FBI (FYI - I never ever had any problems with the law, no speeding tickets or arrests. I pay my taxes and have a decent job).

When I told her that I have scheduled another INFO PASS appointment for next week (05/20/2009) she told me that I can not go there and that I will make them very mad if I go. Since she is doing inquiries on my behalf I should not do anything. When I asked her if I should sue, she told me that I can not and that there is nothing I can do but wait.

My questions/concerns:

1. Should I wait a little longer or should I contact ombudsmen or just get a lawyer and try to sue?
2. Can they take my green card away and deport me?
3. Should I go to the INS office next week and try to talk to a front line adjudicator or maybe try getting a decision on my application?

The lady from Congressman’s office also told me that I should not pressure them and that I am not in situation to do anything. Is this true? When I mentioned to her that I can sue after 120 days she told me that there is no such a thing in the law.

Again, I am very sorry for such a long post but I have all these crazy thoughts in my head and I am afraid that something bad is going to happen. I am very concerned, frustrated, and scared.

Please help.

Respectfully,
Alexandra
 
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When I told her that I have scheduled another INFO PASS appointment for next week (05/20/2009) she told me that I can not go there and that I will make them very mad if I go. Since she is doing inquiries on my behalf I should not do anything. When I asked her if I should sue, she told me that I can not and that there is nothing I can do but wait.
That person gave you incorrect information. You can sue since its been more than 120 days since interview..even if their office is inquiring on your behalf.

1. Should I wait a little longer or should I contact ombudsmen or just get a lawyer and try to sue?
It depends how much longer you are willing to wait for them to give you a decision vs spending the money and suing them now.


2. Can they take my green card away and deport me?
Not unless you have committed a deportable offense.
3. Should I go to the INS office next week and try to talk to a front line adjudicator or maybe try getting a decision on my application?
Yes, you can go to the office and request to speak with supervisor and inform them you are ready to sue. It may not lead to anything but more broken promises from their side, but there's always a chance that the supervisor will take care of issue right away.
The lady from Congressman’s office also told me that I should not pressure them and that I am not in situation to do anything. Is this true? When I mentioned to her that I can sue after 120 days she told me that there is no such a thing in the law.
The woman at congressman's office does not know what she is talking about. Suggest she read up on 8 USC 1447(b) and your right to sue.
Again, I am very sorry for such a long post but I have all these crazy thoughts in my head and I am afraid that something bad is going to happen. I am very concerned, frustrated, and scared.

Please help.

Respectfully,
Alexandra

Don't be scared, feel bad, or let them tell you differently. This forum has some good information on how to proceed. lazycis is the go to person for questions on how to sue USCIS 120 days after interview.
 
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I'm very sorry to hear your situation. But try to be positive. You are already a permanent resident. It is just your citizenship process is taking longer than you expected. But don't be scared. I would suggest that you also contact your both US Senators for your state (Senator Mark Warner and Senator Jim Webb for VA) and explain everything. I am sure they will help you. You have nothing to be afraid of. Good luck!
 
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The only advice I'd recommend is to hire a competent attorney to make inquiries on your behalf. For the most part, when you hire an attorney in these situations it is not because of what you dont know but for access. Some attorneys have direct access to some of the ICS officials and they can help. I know this for a fact, well, at least in NY. I had a attorney once called the director a district office on her cell phone to make an inquiry on my behalf. He did charge me though.
 
I would suggest that you also contact your both US Senators for your state (Senator Mark Warner and Senator Jim Webb for VA) and explain everything. I am sure they will help you.
The only advice I'd recommend is to hire a competent attorney to make inquiries on your behalf.
The OP has already contacted congressman's office and paying a lawyer to further inquire about the case is a waste of money as the OP has already exhausted inquiry avenue. If anything, money spent on a lawyer should be to file a lawsuit if the OP doesn't feel comfortable doing it herself.
 
The OP has already contacted congressman's office and paying a lawyer to further inquire about the case is a waste of money as the OP has already exhausted inquiry avenue. If anything, money spent on a lawyer should be to file a lawsuit if the OP doesn't feel comfortable doing it herself.
I think you might have taken that a bit too literally. By that I meant to suggest to get the attorney to make inquiries and as it becomes necessary will consider filing a lawsuit. An attorney cannot/should not file a lawsuit unless he/she has exhausted procedural steps of clearing this hurdle. Maybe I should've been more clear.
 
I think you might have taken that a bit too literally. By that I meant to suggest to get the attorney to make inquiries and as it becomes necessary will consider filing a lawsuit. An attorney cannot/should not file a lawsuit unless he/she has exhausted procedural steps of clearing this hurdle. Maybe I should've been more clear.

Considering that the OP has already made several inquiries on her own and via congressman's office, and 120 days since interview have passed, there is sufficient just cause already to go ahead and file suit instead of paying an attorney to first make yet another inquiry.
 
Considering that the OP has already made several inquiries on her own and via congressman's office, and 120 days since interview have passed, there is sufficient just cause already to go ahead and file suit instead of paying an attorney to first make yet another inquiry.
I dont disagree with you, however, any competent attorney know or should know it would more cost efficient to try and resolve the matter without filing a lawsuit. Although she maybe eligible to file one doesnt necessarily means she should. In either case, the OP is free to do what she wants. That's just my two cents and it was free.
 
I dont disagree with you, however, any competent attorney know or should know it would more cost efficient to try and resolve the matter without filing a lawsuit.

That all depends if you actually hire a lawyer to file the suit and how long you're willing to wait.. For example, you hire an attorney to make an inquiry about your case: cost ~$300-800. After a few weeks, attorney's inquiry either produces results (decision made on case) or attorney suggests you file suit (additional attorney cost ~$1500-2500).

However, if you already made enough inquiries on your own that yielded no results and decide to sue on your own, total cost $500.
 
The OP has already contacted congressman's office and paying a lawyer to further inquire about the case is a waste of money as the OP has already exhausted inquiry avenue. If anything, money spent on a lawyer should be to file a lawsuit if the OP doesn't feel comfortable doing it herself.

Yes, the OP has already contacted Congressman's office, but it does not hurt contacting two Senators. Believe me, even the elected Representatives' (Congressman, Senator) performance vary. You would find one office is performing better than other. I was involved with Congressman and Senator before and I noticed the difference. Plus USCIS would be aware that all elected officials are aware of this citizenship process which might prompt USCIS to process this case a bit quicker.
 
It's been over 120 days. Sue them under 1447(b). No need to get a lawyer for this. (Check out the sticky at the top of the board.) Statute says they have to give you a decision within 120 days after interview. USCIS hasn't done so, ergo you can sue to get a judge to get USCIS to make a decision. (This is not legal reasoning that requires a lawyer to do research for.) Generally, it seems like just filing the 1447(b) suit lights a fire under their a$$ and you'll get better service and a decision before it even goes before a judge.

If you prefer to wait, at least contact one of your Senators. Nice though the Congressman's aide might be, you now have proof she's given you idiotic advice.

Good luck.
 
Thank you all for your kind words and encouragement! I truly appreciate your time and effort.

I have the INFO PASS appointment on Wednesday so I’ll try to talk to them one more time and tell them about my intention to sue.

I am pretty confident that I can sue myself but my only concern that they can say that my first marriage wasn’t legit (which is not true) and they can take my green card away. I know I may sound stupid but I just don’t want to make things worse.

Meanwhile, should I contact Ombudsman as well or it’s just a waste of time?

Thanks again,

Alexandra:confused:
 
I am pretty confident that I can sue myself but my only concern that they can say that my first marriage wasn’t legit (which is not true) and they can take my green card away. I know I may sound stupid but I just don’t want to make things worse.
Alexandra:confused:
Hmm! that's interesting. I didnt realized you got your conditions removed in April and divorced in October of the same year. Well, your application is not based on marriage so it's highly unlikely they would call that into question. I dont see any issue with it.
 
I am pretty confident that I can sue myself but my only concern that they can say that my first marriage wasn’t legit (which is not true) and they can take my green card away.
They're not going to pursue that route. Even if you got divorced before the 2 years were completed, you likely would have been protected under the battered spouse/VAWA laws and would have received your 10-year green card anyway.

You got denied the first time because you still need to be married at the time of the interview, if you're using the 3-year rule.
 
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They're not going to pursue that route. Even if you got divorced before the 2 years were completed, you likely would have been protected under the battered spouse/VAWA laws and would have received your 10-year green card anyway.

You got denied the first time because you still need to be married at the time of the interview, if you're using the 3-year rule.

Alexandra,

Please relax. Again you are worrying too much. Like Jackolantern said, you were denied first time because you did not fall under 3 year's rule (applicant must be married to the same US citizen during the interview). They won't take away your green card. Good luck and don't borrow unnecessary stresses.
 
Good Morning Everybody,

I just came back from the INFO PASS appointment I had scheduled this morning. The IO said that my case is at the extended review and they don’t have any control over it. What is it mean? Is this bad? All my security name checks and fingerprints are cleared. She said to check back in 6 weeks.

Please advice.

Alexandra
 
Good Morning Everybody,

I just came back from the INFO PASS appointment I had scheduled this morning. The IO said that my case is at the extended review and they don’t have any control over it. What is it mean? Is this bad? All my security name checks and fingerprints are cleared. She said to check back in 6 weeks.

Please advice.

Alexandra

I would send the district director a certified letter return receipt requested with a copy to the legal counsel's office. In the letter, kindly remind them of the 120 day deadline and say unless the case is adjudicated promptly you will take legal action.
 
Good Morning Everybody,

I just came back from the INFO PASS appointment I had scheduled this morning. The IO said that my case is at the extended review and they don’t have any control over it. What is it mean? Is this bad? All my security name checks and fingerprints are cleared. She said to check back in 6 weeks.

Please advice.

Alexandra

Your next step is either to go ahead and sue under 1447(b) or contact Ombudsman's office and see if they can intervene on your behalf.
 
Alexandra2009,

I am not sure as to what is your utmost urgency for Citizenship. Everybody have their own reasons for urgency. However, one can understand the anxiety, pain, curiosity and impatience after having applied to a crucial decision of Citizenship change such as becoming an American Citizen.

If I were you, I would not try to theaten or try to Sue USCIS unless the water is really too much up on top of head like it is a case of where USCIS has really kept mum 6 to 12months.

Morever, understand the fact that you had applied for citizenship first time on the basis of Marriage inspite of knowing that you should be married atleast 3 years to a US citizen but you got divorce before the completion of 3 years as a result USCIS denied your application. On the form and instructions it has very clearly mentioned that if you are applying on the basis of marriage then you should be married to a US citizen atleast for 3 years which is not your case.

when you applied, your credibility has lost a little bit here. Although this should not have any affect on current application which is based on 5 years of LPR but given the circumstances of your earlier denial, it should be fair enough to atleast manage some delays in the processing.
if your case would have had a clean initiation right from the beginning then your frustration is justified. I hope you understood what I mean to say.

ofcourse decision is yours. its only my opinion and not a legal advice. I would keep the pressure via Congressman's office, Senator's office and keep taking info pass appointments almost every month till decision is made. (I am not sure if there is a limit on Info Pass appointments).

Take utmost care and research of whatever you decide but make a note that patience has always shown fruitful results. Sometimes it is better to manage delays than court cases and attorneys ;)
 
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Dear SkyDrow,

I appreciate your reply but I was married for 3 years when I applied for the first time. However, the whole process took over 1 year and I got divorced during this time. I also have many reasons to be anxious and worried. My initial green card case was lost by INS and I was given the wrong alien number by mistake. The alien number/case number belonged to a Hispanic woman that was in jail in Texas.
I really hope that you have nothing to worry about and your immigration process is very smooth but I've experienced otherwise. I also strongly believe that if INS promises for the process to be fair and that the decision will be made within 120 days, they SHOULD make a decision or change the rules/conditions when people apply.


Thanks,
Alexandra
 
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