another interview after the first.

J

joujtlata

Registered Users (C)
I am a green card holder, and in the process of my naturalization, I successfully passed the interview but still the immigration officer said that my case is pending for background check. After about 2 years, from the interview, I started a court case against the immigration.

Two weeks ago I received a notice for a second interview. The notice said that I will take the civic/reading/writing/speaking test.

Since I already passed these tests in the first interview, I am just wondering if I can ask them to wave this interview (since I passed it first place). If so what will be the legal channel to do so.

Thank you very much for the help.
 
A second interview after the first is a signal that they have recently looked into your case. Regardless of the civic tests, you'll still need to do a second interview since your first one 2 years ago was during the time that USCIS scheduled interviews before the name check was cleared. There's no legal basis to have your second interview waved.
Have they asked you to redo your FP also?
 
Do your best on the second interview. If I were you, I will go ahead to take exams if asked by officer. Isn't it hard? You are almost done.
 
If she has the paper that says that she has passed the civic/english test, she doesnt have to take that again... just show them that. I asked the person who took my 2nd FP... she said you don't have to take the test again just show them the paper I have from first test and it should be fine.
 
The OP will have to attend the second interview regardless if he passed the civic test the first time.
 
Bobsmyth said:
The OP will have to attend the second interview regardless if he passed the civic test the first time.
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The second interview should be conducted within 120 days after the initial interview according to the USCIS regulations. They have no authority to conduct the second interview two years later without OP's consent. I would not go, especially having a court case pending. File a motion with court and ask court to issue an order to show case whether USCIS has authority to conduct it 2 years later.
See this case:
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain publish.pdf
 
lazycis said:
The second interview should be conducted within 120 days after the initial interview according to the USCIS regulations. They have no authority to conduct the second interview two years later without OP's consent. I would not go, especially having a court case pending. File a motion with court and ask court to issue an order to show case whether USCIS has authority to conduct it 2 years later.
See this case:
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain%20publish.pdf
Click to expand...

Good to know. Thanks for the clarification lazycis.
 
Last edited by a moderator:
Guys can you please clarify this, because I am getting confused here.
If I should present the form, proving that successfully passed the civic tests, to them. who would be that THEM?
If I decide not to go to the interview, what should do before that date and after it, especially that the interview invitation STATES this "IF FOR ANY REASON YOU CANNOT KEEP THIS APPOINTMENT, RETURN THIS LETTER IMMEDIATELY TO THE USCIS OFFICE ADDRESS LISTED BELOW WITH YOUR EXPLANATION AND A REQUEST FOR NEW APPOINTMENT; OTHERWISE, NO FURTHER ACTION WILL BE TAKEN ON YOUR APPLICATION."

THANKS AGAIN FOR YOUR HELP.
 
joujtlata said:
Guys can you please clarify this, because I am getting confused here.
If I should present the form, proving that successfully passed the civic tests, to them. who would be that THEM?
If I decide not to go to the interview, what should do before that date and after it, especially that the interview invitation STATES this "IF FOR ANY REASON YOU CANNOT KEEP THIS APPOINTMENT, RETURN THIS LETTER IMMEDIATELY TO THE USCIS OFFICE ADDRESS LISTED BELOW WITH YOUR EXPLANATION AND A REQUEST FOR NEW APPOINTMENT; OTHERWISE, NO FURTHER ACTION WILL BE TAKEN ON YOUR APPLICATION."

THANKS AGAIN FOR YOUR HELP.
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Per lazycis, since you already filed lawsuit you should file motion for cause and not go to interview based on similar posted case.

If you choose not to file motion for cause and go to interview , then you would show evidence results at the second interview.
 
If you want to be naturalized YOU HAVE TO GO to the second interview. USCIS procedures require an applicant to undergo a second interview prior to oath in cases where there has been an extended period of time between the initial interview and clearing of background checks. The primary purpose is not to redo english/civics (which I think is unlikely to occur), but to check that no material facts have changed since you submitted your N-400. i.e. recheck continuous residence/physical presence/residence location etc, etc.
 
boatbod said:
If you want to be naturalized YOU HAVE TO GO to the second interview. USCIS procedures require an applicant to undergo a second interview prior to oath in cases where there has been an extended period of time between the initial interview and clearing of background checks. The primary purpose is not to redo english/civics (which I think is unlikely to occur), but to check that no material facts have changed since you submitted your N-400. i.e. recheck continuous residence/physical presence/residence location etc, etc.
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Are you referring to mandatory interview at oath or a second interview requested by USCIS after a long delay?
 
joujtlata said:
I am a green card holder, and in the process of my naturalization, I successfully passed the interview but still the immigration officer said that my case is pending for background check. After about 2 years, from the interview, I started a court case against the immigration.

Two weeks ago I received a notice for a second interview. The notice said that I will take the civic/reading/writing/speaking test.

Since I already passed these tests in the first interview, I am just wondering if I can ask them to wave this interview (since I passed it first place). If so what will be the legal channel to do so.

Thank you very much for the help.
Click to expand...

The letter you have received is just pre-print for interview and does not mean that you will be asked about civic and history, it is just general pre-print their computer generates.
Good luck
 
boatbod said:
If you want to be naturalized YOU HAVE TO GO to the second interview. USCIS procedures require an applicant to undergo a second interview prior to oath in cases where there has been an extended period of time between the initial interview and clearing of background checks. The primary purpose is not to redo english/civics (which I think is unlikely to occur), but to check that no material facts have changed since you submitted your N-400. i.e. recheck continuous residence/physical presence/residence location etc, etc.
Click to expand...

Plaintiff in the above mentioned case refused to go and got naturalized by the court. Another member on this board did go and got a denial because he provided a residence address which did not match the one he provided during the first interview (the second interview happened 5 years later). Reason for the denial - lied under oath (there was a small discrepancy in street number).
 
That's a very lame excuse for denying the application...a minor discrepancy in the street address can be a typo and can be easily overlooked by the applicant....that should not be a reason for denial....

LolaLi, BoatBod, Vorpal...your comments...
 
amann said:
That's a very lame excuse for denying the application...a minor discrepancy in the street address can be a typo and can be easily overlooked by the applicant....that should not be a reason for denial....

LolaLi, BoatBod, Vorpal...your comments...
Click to expand...

My opinion is that such a denial would be overturned on appeal. I personally know a couple of people who don't remember the exact address where they lived a year ago, let alone 5 years ago. It appears that the USCIS was fishing for reasons to deny this case, possibly in retaliation for filing a lawsuit.
 
amann said:
That's a very lame excuse for denying the application...a minor discrepancy in the street address can be a typo and can be easily overlooked by the applicant....that should not be a reason for denial....

LolaLi, BoatBod, Vorpal...your comments...
Click to expand...

You know - when I read that I had the same reaction Amann. Things change in 5 years - and to be denied because you mistyped one digit? That is ludicrous. But, this is USCIS and if this really happened than the applicant must appeal and will surely win.

In my interview, I couldn't remember the zip code to one of my previous addresses and I clearly told the IO. It was correct in my application because I found some old documentation when I filled it out - but in the interview I couldn't recall. I knew the street name, apt number, city and state, and the time frame and that was enough.
 
Sounds like a bad case of sour grapes because the guy sued USCIS. Some IOs really do take things too far.
 
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