Phyllis Howard
Director, Washington District
USCIS
2675 Prosperity Avenue
Fairfax, Virginia 22031
Re: Application for Naturalization – A-----------
Dear Ms. Howard:
Attached please find a draft copy of the petition I intend to file on December 19, 2005 in the U.S. District Court for the Eastern District of Virginia in the event a fair and prompt decision (including any and all formalities associated with such decision, i.e. naturalization oath ceremony date) has not been made and communicated to me by the end of the business day on December 16, 2005.
For background, my application for naturalization was received by the USCIS Vermont Service Center on July 14, 2004. On January 13, 2005 I had my fingerprints taken at the Norfolk Sub Office. On June 8, 2005, I was examined by Officer -----in Norfolk.
During my interview I truthfully answered all questions asked. Mr. ---examined my current and expired passports and requested that I sign the application and the photographs I submitted with my application. I was also requested by the interviewing officer to submit a notarized statement within one month and three days from the date of the interview. Mr. ---- then informed me that he was unable to make a decision on my application as my name check was still pending as of May 24, 2005. He assured me that he would send an inquiry to the FBI in regard to the name check within a week. Before the conclusion of the examination, I informed ---- of my pending change of address. Mr. ---- promptly updated my address on his computer. I was then instructed to contact Mr. --- if I had not heard from USCIS within 120 days of the interview.
On June 10, 2005, (2 days after the request) I couriered the requested notarized statement to Officer ----- at the Norfolk Sub Office.
On September 14, 2005 I appeared at the Washington District Office for an appointment scheduled thru INFOPASS. I was informed by the information officer that there had not been any activity on my case since June 8, 2005 and that my name check was pending as of May 24, 2005. This would indicate that Mr. ---- did not follow thru on his assurance to send an inquiry to the FBI.
On September 20, 2005, I sent a certified letter to Officer ---- requesting an update on my application. On October 11 and November 2, I sent letters to yourself, the Officer In Charge of the Norfolk Sub Office and Officer --- stating that 120 days had passed since my examination and that I was requesting an update on the status of my application. I believe that my written request for updates were reasonable (especially since Officer --- had instructed me to do so), yet I have yet to receive a response. At this point, I feel that I have met every requirement of the naturalization process and no one from USCIS has communicated differently.
Therefore, while it is not my first choice to resort to a judicial determination on my application, I nevertheless feel that I have no other choice given the lack of response to my many requests. Further, I recognize that litigation is expensive for me (and for the Government), however, I reluctantly feel like that is the path I am forced to take.
I, therefore, appeal to you this one last time to please act on my naturalization application.
Please note that the draft pleading was prepared by -------------. Mr. ---- has worked with me in the preparation of the draft complaint and this letter, however, he has not been retained at this point for the purpose of filing said complaint on December 19, 2005 and a decision as to whether I will file this pro se or whether Mr. ----- will file on my behalf will be made between now and the proposed filing date. Therefore, any and all communications in regard to my application and/or response to this letter should be directed to me at: -----------------------
Sincerely,
--------
cc: Mary Ann Russell, Officer In Charge, USCIS Norfolk Sub Office
Paul J. McNulty, U.S. Attorney, Eastern District of Virginia
