After agonizing 4 years, I am an US Citizen as of yesterday; and in the process I developed a great respect for the Judicial System in this country. However, please do read my posting, USCIS tried to mess with me even during the Oath day and I was the last person to be able to sign and get the certificate.
I applied in April 2nd, 2004 and got interviewed on August 27, 2004. Since than, there was only 1 response - FBI Name Check.
Anyway, after thinking about doing a lawsuit for almost 2 years (analysis, paralysis), i finally filed a WOM at SDNY through a lawyer.
Initially, i though i would do it por se and i have done my home work to even go through. I have heard of people having problem and here and there, so decided to go through a lawyer; just as i would take a friend to go buy a car.
Anyway, filed my lawsuit on March 27th 2008. April 1st, a letter was issued by USCIS for finger printing on the 16th of April. A invitation for Oath caremony on May 9th was issued on April 17th. I was amazed at the speed and the efficiency of the USCIS.
In the mean time, DA contacted my lawyer to dismiss the case. However lawyer wanted to wait for the Oath Ceremenoy.
Now the surprises started coming. I get a letter on the mail on May 6th for me to appear with 2 copies of my picture on 6th, the very same day. It was mailed the day before on the 5th. I was lucky to be in the proximity of the USCIS office with about 2 hours in hand. So i delivered the pictures. I only wonder what might have happened if that wasn't possible.
Now comes the biggest hurdle. I show up at EDNY for the Oath ceremony. I submit my signed invitation with some of the questions answered "YES" (got married, travelled outside the US 4 times none exceeding 25 days and got 2 traffic tickets). I had proof oof all these activites just as the letter asked me to provide. Now the guy balks and says there are a lot of changes and i will need to go back to the USCIS office to have my file reopened and re-evaluated. He wrote up a "Motion to Reopen" document. He called the USCIS office and asked me to wait.
I left the court house and called my lawyer. He showed up in 15 minutes and went to talk to this Officer. However, the tone right away changed when he spoke to my lawyer and saw the Civil Complaint pending in front of the court. The thing that got his attention was when my lawyer asked his name and jotted it down. He says, "i don't see any probelm since all events are documented and just needs to call his supervisor back". 10 minutes in to it, i was called to sign my naturalization. Took the Oath and left the courtroom with new found respect for the Judical System.
So word of advice,
- don't wait too long after interview if you are going to sue. 120 days is all you need. Prolonging will increase the probability of having things go wrong.
- You can go pro see, but you get what you pay for. I certainly would have been emotional dealing with DA and the USCIS in situations like what i have mentioned. Looking back, the lawyer fee was not a waste. If you do go pro se, be familiar with all the USC stuff.
- Take all the paperwork to the oath ceremony
- If you had traffic tickets, take a DMV record
- If you traveled outside the US, take your passport with you.
Just in case you are curious, my attorney was Micahel Walker & Gary Yerman @ (212) 219-2374. I paid a flat fee of $2500 + Filing Fee of $350.
One more thing - consider filing lawsuit in DC district. It's proper to do that as the USCIS/FBI headquarter are located in DC.