Balto said:
Thanks man! I am in Maryland. The problem is the USCIS usually won't tell you if it's just the name check. My initial interview was in November, got cancelled due to "a file had not been received", and rescheduled for January, and 100 days came and went and heard nothing from them. InfoPassed once in March, got basically nothing but BS. Well, I am not going to take this crap any longer, and I know I have no criminal record (FOIPAed back with No Record), so I will hold you responsible for "they always settled"
. You know when you take on a fight like this, espcially via Pro Se, you always have that fear of "what if" on the back of your mind, yet you were left with no choice but to fight, so help me God
Regards,
Balto
I WOULD THIS:
1- IF YOU HAVENT HAD YOUR INTERVIEW CODUCTED YET, i beleive you still can sue then under the mandamus rwite, because they basically have failed to perform their duties, which is processing your case according to the processing schedule, so when they start interviewing other similar cases, with similar date of receipt, similarly they should conduct your interview.
2-IF YOU HAVE HAD YOUR INTERVIEW, BUT NO DECISION YET,(PENDING NAME CHACK) that is the most common, and they are obligated to make adecision in timely manner, actually just now i read in a case called Kudsi V. Gonzales that the court have order the att. general to finish the namcheck , and MORE IMPORTANLTY "
if the USCIS did not receive a completed name check withing 90 Days, USCIS shall treat the failure AS A SUCCESSFULLY COMLETED NAME CHECK and issue the certificate of naturalization" and in a footnote the court observed that FBI is a component of the departement of justice, thus IT WAS IMPORTANT THE THE PEYTITIONER IN THEina 336(b) action had named NOT only the dDHS official but the attorney general as well.
while this decision was a very good new for the delayed naturalization, the contest still valid for other uses as in delayed I-485 , because it clearly make the failure of completing the name check, i s a failure on their part.
i will attach the document where i found this this so every one can read it , and make a good use of it in court.
last but not least, there always the risk of what if, but you go with what you think is right, and what have worked bbefore , and what the law said, in other words, if you are filing for yourself, you have to gaer up , and arm yourself with all the relevant information, and be ready to argue in front of the a Judge, and make you case.