another interview after the first.

Lazycis is correct, you do not have to go for another interview, after all, the delay is not your fault.
Your 2 options are:
1. FASTER: go for the interview. You should not be required to take another test, just question about trips, etc. But that is where the IO can become over zealous and trip you up most likely in retaliation
2. SLOWER: file a motion to show cause like Lazycis said. Rub it in their nose. It will not affect your ability to become a citizen in any way, even if you lose the Judge denies the motion.


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.
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dropping the case

I have a case going on against the immigration to make a decision on my citizenship. Recently, they sent me an email for a second interview that I passed already about two years ago.

Few days ago I received an email from one of them telling me that I have to drop the case if the immigration letter that I received is about an interview. Since I had that case to make them make a decision, not just to call me for an interview what do you guys think I should do.

I have a court date in two weeks and they expect me to drop the case that day. But I did not reply to them yet.

Thanks guys
 
I figure the second interview is a trap where they'll throw trick questions at you and fish for a reason for denial. I wouldn't go the second interview or drop the case (unless in exchange for dropping the case they'll complete your naturalization).
 
Jackolantern said:
I figure the second interview is a trap where they'll throw trick questions at you and fish for a reason for denial. I wouldn't go the second interview or drop the case (unless in exchange for dropping the case they'll complete your naturalization).
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There was a case recently where an applicant was called for a second interview and had their application denied after they were asked to confirm one of their past addresses and made a mistake in the street number. Reason for denial: lying under oath. It appears that USCIS has a predatory practice of denying applications in retaliation for filing a lawsuit. joujtlata, I strongly advise to tread carefully on this one. Check the "Lawsuit against USCIS" sticky at the top of the main forum page and seek advice from a user named lazycis. He's very knowledgeable when it comes to USCIS lawsuits and will most likely be able to help you out.

By reading lazycis's posts, I've learned that the second interview must be conducted within 120 days of the first one. The USCIS has no legal basis to interview you again and you can decline to attend. Again, talk to lazycis about it.
 
Thanks for the reply

So (legally ) should I handle this situation in the court room, and what is the position of the judge in this.

Thank you very much
 
joujtlata said:
Thanks for the reply

So (legally ) should I handle this situation in the court room, and what is the position of the judge in this.

Thank you very much
Click to expand...

I believe that you can file a legal stipulation that requests that the USCIS makes a decision based on your first interview and that they have no legal basis to demand a second interview.

I've also heard that your case will be processed faster if you attend the 2nd interview, but I tend to side with Jackolantern on the possibility that they will purposely throw curveballs to find a reason to deny your application.
 
Don't drop the case as it will deprive you from the legal standing and don't go for the second interview. If you go for the second IV it means you still consider USCIS Jurisdiction on your case while it has been finished since you filed the suit. Ask the Judge to get you oath as:

Many courts hold Evidentiary Hearings on Naturalization applications. In one case, Lifshaz v. Gonzales, No. 06-1470, 2007 U.S. Dist. LEXIS 28946 (W.D. Wash. 2007), the court considered "the Government's interest in public safety and national security and Mr. Lifshaz's individual interest in having his naturalization application adjudicated," and determined that it was appropriate to conduct a hearing to avoid further delay. At the time the court entered its judgment, the naturalization application had been pending for over three years. See also Astafieva v. Gonzales, No, 06-04820, 2007 U.S. Dist. LEXIS 28993 (D. Cal. 2007) (granting petitioner's application for naturalization after conducting an in camera hearing); Shalan v. Chertoff, No. 05-10980, 2006 U.S. Dist. LEXIS 253 (D. Mass. 2006) (scheduling a hearing instead of remanding the case to USCIS). Hussain v. Chertoff, No. 06-11926-MLW, U.S. Dist. Mass. 2007, the plaintiff asked the court to grant his naturalization application under §1447(b) and the court ordered in his favor rather than remanding back to USCIS.

This is a USCIS trap to nail ay down...
 
What I meant by being faster if you go to the second interview is this:

If you do not want to go for the second interview, you have to file a motion to show cause with the court otherwise, the USCIS will just deny your aplication and tel the JUdge that they were ready to move on with the application but you refuse to show up. Now after submitting the motion in court, the Judge will have to make a decision and possibly wait for cross motions from AUSA. THis eats up time especailly if you have a Judge (district) that is not interested in clearing this cases quickly. That is where the time delay comes in.
But if you decide to go for the second interview, be careful what you say. THe USCIS can use strange excuses like inability to match the address that is on the application with what your response (even if the house number is what is incorrect). I bet you if you asked the officer that question for the address his/her past address that was vacted more than 5 years age, there will be something that he/she will not get right. But then it is the USCIS, no surprise.
By the way, if you decide to go to the interview and you are denied for some lame excuse, file a motion for the judge to hear the denial. If the case has already been dropped, then you MAY have to go through administrative appeal first. Not quite sure on the procedure at the stage. I am sure Lazycis can answer that part more accurately.
Another option is what is directly posted above this post, which is to ask the court to naturalize you. Stress the right to vote that will be deprive. The courts always love that.
So the choice is up to you. BUt do not drop the case in court unless YOUR APPLICATION HAS BEEN ADJUDICATED or there is a written agreement to adjudicate it which will result in automatic withdrawal of the case.

That is my 2 cents

Vorpal said:
I believe that you can file a legal stipulation that requests that the USCIS makes a decision based on your first interview and that they have no legal basis to demand a second interview.

I've also heard that your case will be processed faster if you attend the 2nd interview, but I tend to side with Jackolantern on the possibility that they will purposely throw curveballs to find a reason to deny your application.
Click to expand...
 
Last edited by a moderator:
Thank you guys so much for the enlightenment;

So there is no room for dropping the case, rather that that the judge should be asked to force the USCIS to make the decision instead of them.

I don't know if this details is that important or not, couple of days ago I received a letter from the local USCIS stating this "Service records show no case pending for this A number in the (local USCIS) office, and you have an interview date of (date). Please come to (address)" .

So what you guys think about this.


Regards
 
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