Citizenship Interview passed no decision yet for 2nd A File (need help please)

[paramid]

I have had my citizenship interview and taken the tests, all that left is to take the oath. I have attended the Naturalization Interview July 18th, 2007 at the Atlanta USCIS district office. I have passed the test however, the officer handed to me the N-652 form, which has the following boxes checked: A decision cannot yet be made about your application. She wrote down on the form after the above line: "Awaiting for 2nd A File".

The Immigration officer told me that all the other checklists required including the background are completed and cleared. Officer noticed that I have a second A # file, she had to request the other A file, so that they can consolidate both them into one file to closed my case.

After waiting for 10 weeks since I had my interviewed and didn’t hear anything yet from the USCIS. I made an Infopass appointment at Oct 2nd 2007, and went to USCIS office to inquiry my file for any status update. I was able to spoke with officer at the service counter and she reviewed status of my case on the system. She mentions that unfortunately, the officer who interviewed me didn’t request the file yet (after 10 weeks passed by). So this second officer was really nice and just request my 2nd A file. It’s really frustrating that I was waiting almost 10 weeks now for to take the oath and just find out that they have not even request my other A file yet.

My biggest fear is they might not even find the other old A file or perhaps it's lost? What course of action or decision they will take then by USCIS? Has this happened to anyone they couldn’t locate the file? What was the final out come?

I am very much worried this second A file was very old file around 18 years ago they might not able to find the file.

If I don’t hear any within the 120 days what course of action should I take?

Sending a letter to Senator or CIS Ombudsman will any help?

I have seen lots posting sue USCIS after 121 days wait period. Does this really help or get more complicated?

Please help if anyone has similar experiences.

I really appreciated any kind of assistances, suggestions, and experiences.

Thank You

 

[seattlecitizen]

don't worry! file is not lost...it's just your file is not routed correctly..

I have had the same issue with A#file and it took almost 5 months to locate the file.

I have contacted senator's office and they have had to communicate with CIS a lot. Senator's office had checked my case every 4 weeks to make sure the file is brought to the office and the my case is adjudicated correctly.

My interview was in March'07 and file located in July'07 and took Oath in Sept'07... my case is delayed due to A#file.. it didn't bother me a lot.. I knew they have to come back and adjudicate my case.. just it was painful dealing with this issue. btw, my file was misrouted due to I was in VSC area when I got the GC and now I am in Nebraska area. It was funny one day my senator's staff called and said my file was in DO but it's on it's way to Pittsburg,PA and CIS thought I moved to Pittsburg,PA. After hearing I broke up. But anyway Senator office again followed up my DO staff and they tracked the file on it's way to PA and brought back the file in July07. then the waiting game started.. it took almost 8 weeks to adjudicate my case by the local DO..

One other thing i wanted to mention you can open service requests every 60 days i believe to let your DO know that you are waiting for decision on your case. I received replies to all my service requests and they were very prompt in replying to the service requests. I didn't do Infopass..

 

[Atlanta_Brother]

Take it easy

Paramid,

I just read your posting in detail. I am scheduled for my interview tomorrow in Atlanta DO at around 8am. I am really looking forward to get it done & over with tomorrow.

FYI, I was called for an interview back in Jan this year, but since my file was not transferred from the TX office, I was sent home. It took them 9 long months to send me this 2nd interview letter. Let's see and hope if Atlanta DO is ready for the interview and my file ready. Now coming to your situation, there could be 2 different scenarios to tell you the truth.

1) Your file was not transferred from the service center (similar to my case).

2) They have duplicate A files in their system. One file has to be deleted or erased to avoid confusion. One of my friends had this same issue in Atlanta office last year. He had duplicate "A" files and the officer was nice enough to make him wait & send e-mails to TX center to get this second file deleted from the system. His paperwork was fixed and he was able to take the oath....BINGO.

3) Worse come to worse scenario, yes you will be eligable to file a law suit after 120 days since you passed your interview. Your situation is a win win situation. I will recommend you a good attorney who doesn this law suit day & night. He is known for that.

Keep us posted and good luck.

 

[Triple Citizen]

Paramid,
If the second A-file is 18 years old, it is probably at "the cave" in Missouri. Hopefully it will be retrieved and your case will be finaliseed in a timely fashion.

 

[paramid]

Atlanta Brother, can they delete my old file, is that something possible, even to request? i think they need the physical files to make sure nothing on the old file this probably standard process. Any way do you know any good attorney or recommend the name at Atlanta, does only these types of case..... Thank you for your response and good luck with your interview should be fine 123 process and complete the oath.

 

[Atlanta_Brother]

Attorney

Atlanta Brother, can they delete my old file, is that something possible, even to request? i think they need the physical files to make sure nothing on the old file this probably standard process. Any way do you know any good attorney or recommend the name at Atlanta, does only these types of case..... Thank you for your response and good luck with your interview should be fine 123 process and complete the oath.

You can contact this attorney "Charles Kuck". He is great & will be able to guide you answer your concerns. His tel number is (404) 949-8154 & e-mail address is:
ckuck@immigration.net

I have another friend who is going thru the same situation of having duplicate files.

 

[boatbod]

Atlanta Brother, can they delete my old file, is that something possible, even to request? i think they need the physical files to make sure nothing on the old file this probably standard process.

No they can't 'delete' your old file, because it may contain information pertinent to the N-400 application. Unfortunately you pretty much have to wait for it to get sent to the right place.