Citizenship Interview Rescheduled

Exactly

Flydog said:
The thing is, this check seems to be internal to the USCIS. With the name check, they throw up their hands and say "it's not our fault". The can't (well they shouldn't) here.
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There you go ! That's why Flydog, I may stand a better chance and file for law suit in couple of months and try to force them to expedite my case, close it and get me the IO. No reason to hold my case and sit on it forever.
 
Atlanta_Brother said:
There you go ! That's why Flydog, I may stand a better chance and file for law suit in couple of months and try to force them to expedite my case, close it and get me the IO. No reason to hold my case and sit on it forever.
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Thanks Flydog and Atlanta_Brother for the updates. Again good luck to AB!
 
I am quite hesitant to recommend the lawsuit at this point. The main contention is the 120 days statue seems to not apply to your case, and as such, you have a heavy burden to prove that you have waited a reasonable amount of time. Longer the waiting time is, a stronger case you have. You have one shot for lawsuit, and if it gets dismissed, then you are out of any options.

In case you decide to go ahead with the lawsuit. Make sure you build a credible case. Document all the infopass visits, letters to UCSIS personals, congress men, government officials etc. Document your record through freedom of information act. All these show you made a genuine effort to resolve the case before resorting to a lawsuit.

Make sure to read the sticky thread on top of the page about the lawsuit against USCIS. There is a tremendous amount of information there.
 
How do we define time ?

equate said:
I am quite hesitant to recommend the lawsuit at this point. The main contention is the 120 days statue seems to not apply to your case, and as such, you have a heavy burden to prove that you have waited a reasonable amount of time. Longer the waiting time is, a stronger case you have. You have one shot for lawsuit, and if it gets dismissed, then you are out of any options.

In case you decide to go ahead with the lawsuit. Make sure you build a credible case. Document all the infopass visits, letters to UCSIS personals, congress men, government officials etc. Document your record through freedom of information act. All these show you made a genuine effort to resolve the case before resorting to a lawsuit.

Make sure to read the sticky thread on top of the page about the lawsuit against USCIS. There is a tremendous amount of information there.
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equate,

Good to read your note. I will never stand in that 120 days category since my interview never started. I was called for the interview on Jan 22nd but the interview never started. Let's talk about how we define waiting time esp in my case. equate you are saying that filing for lawsuit would be kind of early i I plan on doing it in the begining of Aug. You're talking almost 7 months since I was called for the interview and total of 16 months since I sent my N-400 to the SC. You think I should wait another 6 months, 1 year....how do you define, that's my questiion to equate and all my dear friends. Thank you.
 
It's totally your call how long to wait. You just have to research for other people's cases, see their timelines and compare the instaces of success and failure. How strong is your case? Just ask yourself how likely it is for judge to buy your argument that you have waited beyond reasonable time. There is no definite answer to your question. If you can find several instances of precendent cases that were succesful and had similar timeline as yours, then you know you are on the right track.

16 months wait since the mailing of the application and 7 months since the cancelling of the interview can certainly be argued as beyond reasonable time. It just seems to me a borderline case where both USCIS and you have opportunites for compelling arguments.
 
Myself I am in a pretty similar situation.

I initially applied thru the Chicago DO along with my wife last may 2006.
Then we transfered to Dallas and requested a file transfer.
My wife's file was transfered and she is all done and a citizen since march 2007.
Myself still stuck in name check or maybe in the process of my file being transferred from Nebraska.
The Bad thing is though, around mid may 2007 I received an interview schedule for june 8, 07. I drove all the way for my interview to be told that the Dallas DO did not get my file yet and they will have to re-schedule.
I asked whether the officer was able to check what is holding the file and if it was still pending. He said it seems that your file is all processed and ready for an interview, then I said does it mean that my name check is cleared?? then he said, this name check thing is just a lingo, and wanted to know how come I came to know about that, then I said I was told because of my multiple calls to the USCIS.

So here you go, I hope my file is just in the process of being transferred and that my name/background check cleared.

By the way I called again the USCIS just today and requested to be transferred to higher level customer service "an officer" as I was outside the processing time frame. The officer said that your file shows that you were scheduled for interview then de-scheduled because your file did not arrive yet. And said that I will be mailed another IL. Then I asked does it mean that my file is no longer pending and just waiting for interview. She said yes!!
Well I hope the last piece of info on my case is accurate.

Some advice/suggestions from all of you out there will be really helpful.
Thanks
 
800 customer service people

marconi71 said:
Myself I am in a pretty similar situation.

I initially applied thru the Chicago DO along with my wife last may 2006.
Then we transfered to Dallas and requested a file transfer.
My wife's file was transfered and she is all done and a citizen since march 2007.
Myself still stuck in name check or maybe in the process of my file being transferred from Nebraska.
The Bad thing is though, around mid may 2007 I received an interview schedule for june 8, 07. I drove all the way for my interview to be told that the Dallas DO did not get my file yet and they will have to re-schedule.
I asked whether the officer was able to check what is holding the file and if it was still pending. He said it seems that your file is all processed and ready for an interview, then I said does it mean that my name check is cleared?? then he said, this name check thing is just a lingo, and wanted to know how come I came to know about that, then I said I was told because of my multiple calls to the USCIS.

So here you go, I hope my file is just in the process of being transferred and that my name/background check cleared.

By the way I called again the USCIS just today and requested to be transferred to higher level customer service "an officer" as I was outside the processing time frame. The officer said that your file shows that you were scheduled for interview then de-scheduled because your file did not arrive yet. And said that I will be mailed another IL. Then I asked does it mean that my file is no longer pending and just waiting for interview. She said yes!!
Well I hope the last piece of info on my case is accurate.

Some advice/suggestions from all of you out there will be really helpful.
Thanks
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marconi71,
These 800 customer service ppl are bunch of idiots working on contract basis. They have no idea what they are talking about. You call them 5 times and 5 people will explain you or give you answers in 5 different way. My attorney called this customer service line and was told that my file is now ready for the interview and will be in the DO in 30 days. It has been over 60 days now and there is no word on my file being at the loacl DO office. Then I called again & then I was told that my file trasfer has initiated and it will be in the DO in 90 days. Third time I called and was told that my file was still sitting in TX and not moved a bit. I told the lady, what nonsense.....I was told that the file transfer has initiated sometime in April, what are you talking about :confused: She said yes the transfer has initiated but it has not completed yet.....What does that mean :rolleyes: ....Am I missing something here. She said that they have no idea about the file. She is telling me by reading off of the screen. She then told me to stay in touch and call her once a month to get an update on my file...aaaaahhhhh:mad:
I am sure you should now get an idea if you should really count on these ppl. You may be better off to schedule yourself with that InfoPass appt and talk to an officer face to face. Please don't take me wrong. I am just trying to give you a reality check, that's all. I really hope that your file and my file don't take forever to transfer, that's all. Good luck.
 
AtlantaBrother

What is the missing file about? Is it your H1B visas files and related documents? Is it you Legal Permanent Resident file?

Thank you.
 
About my file

jgs1 said:
AtlantaBrother

What is the missing file about? Is it your H1B visas files and related documents? Is it you Legal Permanent Resident file?

Thank you.
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jgs1,
All they tell me that my file hasn't made it to the local DO. It could be entire file, who knows. It's not missing. It's not transferred and whi it's not transferred is because my case is still under investigation or background check whatever you call it.
 
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