My case is 737 days old today!
Hi to everyone!
Hope that your cases will go fast and smooth!
Just want to share my story again.
Its has been 2 years since I mailed my N-400. At first everything was looking good. I got fingerprinted very fast. And I was so happy to receive the Interview Letter 4 months after sending my N-400 application!
But ... 1 weeek later my interview was cancelled - "due to unforeseen circumstances".
For many months I was going crazy trying to find explanation. What does it mean - "due to unforeseen circumstances"? I found the answer on this forum:
This quote is from someone's post:
"... It has been USCIS' practice previously to schedule an applicant's naturalization interviews after the FBI fingerprint check has cleared, but always before the FBI name check has cleared.
After April 25, 2006, the USCIS only schedules naturalization interview once the FBI name check has also cleared. The reason for this is to avoid lawsuits against the USCIS demanding a decision in the naturalization case, and that is the reason that you have not got naturalization interview yet.
INA Section 336(b), 8 U.S.C. § 1447(b) provides for federal court judicial review for delayed naturalization petition in these circumstances - if there is a failure to make a determination before the end of the 120-day period after the date on which the initial naturalization examination (interview) is conducted, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter..."
Nice, hah?
I'm still waiting for the interveiw. My fingerprints already expired (they good for only 15 months). I keep calling INS customer service every month, but its useless. All I get from them - "your case is still pending due to incomplete name check".
Few months ago I decided to write to officials - Congressman Walter Jones, Senator Elizabeth Dole, CIS Ombudsman, Mrs Laura Bush. All of them sent inquiry letters about my case to INS, not FBI.
And I received few more identical answers from INS - "your case is still pending due to incomplete name check".
Next step - I sent FOIPA request to FBI. In couple of weeks I receved answer - "NO RECORD". As I know - its a good thing.
I wanted to go to court to file MANDAMUS, but I heard that this process is becoming more and more complicated. Many cases has been lost in courts. INS is fighting back.
This is a quote from USCIS update from FEB,2007:
"... U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case..."
So... I'm still waiting...
and still wondering - HOW LONG DOES IT TAKE TO COMPLETE ONE NAME CHECK?????
WHAT THEY CAN POSSIBLY CHECK???????
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RECEIPT 01/17/2006
FINGERPRINTS 03/21/2006
INTERVIEW Scheduled 05/19/2006
INTERVIEW cancelled by INS 05/03/2006
and I was advised to wait for futher notice.......
MY CASE IS OUT OF PROCESSING TIME FOR A VERY LONG TIME...