decision cannot be made what's up with the waiting period?

N

NyC_28

Registered Users (C)
Hello folks I am new! I had my interview at Garden City and The Immigration officer had told me decision will be mailed to you! it has been 3 months and no mail nothing. When I called their 1-800 number then was transferred to the officer they tell me no decision has been made yet. how long do they take? I heard up to 120 days but is that all? will they pass 120+ and still say wait?:confused:
 
After the 120 day mark you can take legal action against them if they haven't adjudicated your case.
 
Bobsmyth said:
After the 120 day mark you can take legal action against them if they haven't adjudicated your case.
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what is the way to take legal action & what if they deny my case because i was approved on the spot but then again I had traveling issues it was supervisor pending. They can deny me by taking action ?
 
Bobsmyth said:
You can file suit citing section 8 USC 1447(b) and INA 336 (b) in a federal court requesting them to adjudicate the case. Check the lawsuit thread, lazycis is a great reference on these matters.
What do you mean by approved on the spot with travelling issues?

http://forums.immigration.com/showthread.php?t=194681&page=599
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When I had done the interview the officer had told me I will approve you to my supervisor and give him your files. I was told you will recieve oath but dont wait for it on a specific date. I was assuming I would get it soon but it has been 90+ and not a word, I have read this issue on this board I dont know about myself. Why do they make you wait this long? almost 4 months? If they want to deny it why cant they say so then and there, I'm not waiting to be denied however what is taking so long I dont even have a parking ticket nor have been to jail.
 
It has been 120 days since my so called “successful” interview in San Jose and no oath letter yet. I was wondering whether there is anything other filing WOM that I can do.
Please don’t suggest infopass, phone calls and letters to congressmen. None worked.
 
NyC_28 said:
When I had done the interview the officer had told me I will approve you to my supervisor and give him your files. I was told you will recieve oath but dont wait for it on a specific date. I was assuming I would get it soon but it has been 90+ and not a word, I have read this issue on this board I dont know about myself. Why do they make you wait this long? almost 4 months? If they want to deny it why cant they say so then and there, I'm not waiting to be denied however what is taking so long I dont even have a parking ticket nor have been to jail.
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USCIS supervisors don't always rubber-stamp the decision made by adjudication officers because they make their own independent finding/determination/decision. Thus, even if adjudication officers say to applicants that they are approved or they're recommended for approval then that doesn't always guarantee anything. In fact, there have been many cases lately from Garden City office in NY wherein adjudtication officers told to the applicants that they are approving the case, or that they don't see any problem in the case, or they are recommending for the approval; yet still these applicants are still waiting to hear from USCIS despite of waiting for 4 months or so. There is a lady (NYC.NYC.NYC) is one of them.

I think the best thing to do is-everyone should write a letter to District Director in NYC office, inclduing the officer-in-charge in Garden city and USCIS headquater in Washington DC. And, in the end of this letter do mention CC (copy sent to) to all other places as I mentioned earlier. This way everyone would act quickly and attentively on the letter; otherwise they would just throw the letter in the garbage. You don't have to give any detail of your case in the letter nor your name either if you don't want to; rather you should raise your voice by stating that this district office is involved in unnecessarily delaying in adjudication of cases. Also, do mention that applicants already waited too long for the interview and then they are again waiting to hear from USCIS one more time after the interview. Nobody is saying that a case shouldn't be reviewed carefully nor anyone is saying that there are not other applicants but delaying for so long for just reviewing a case by a supervisior is totally unacceptable. Who knows this might make them to stop this kind of undue practice.

Do you have any complex problem or issue in your case which might be holding your case for so long? Could you post your timeline and full/detailed interview experience? Do you know the name of interviewing officer? Was your officer African-American in mid 30s? Officer- Daree Mirrmm?? Did you say/disclose something during your interview which might have created the problem?
 
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Johnnycash and Bobsmyth. Not anything complicated is going on in my files! Or atleast I dont have any single reason to suspect there is something wrong.I read many people have pending cases from this forum. that's terrible. what bugs me is they put me in wait and forgot me all for what? Just open my file and tell me what's the decision yes or no! this seems so unprofessional for the fee they are asking for!
 
NyC_28 said:
When I had done the interview the officer had told me I will approve you to my supervisor and give him your files. I was told you will recieve oath but dont wait for it on a specific date. I was assuming I would get it soon but it has been 90+ and not a word, I have read this issue on this board I dont know about myself. Why do they make you wait this long? almost 4 months? If they want to deny it why cant they say so then and there, I'm not waiting to be denied however what is taking so long I dont even have a parking ticket nor have been to jail.
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It could be that supervisor has a backlog of applications on his desk waiting for final approval and that he/she is slowly going through them. NYC is a busy place and resources may be an ongoing issue, hence the delays.
They have up to 120 days after interview to adjudicate your case, so if they have a backlog of cases needing final approval it might take the entire 120 days to render a decision.
Schedule an Infopass immediately and request to speak with a supervisor about the status of your case.
 
long-oath said:
It has been 120 days since my so called “successful” interview in San Jose and no oath letter yet. I was wondering whether there is anything other filing WOM that I can do.
Please don’t suggest infopass, phone calls and letters to congressmen. None worked.
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Have you tried contacting USCIS ombudsman's office and open a request for them to determine status?
 
Today I called the 800 Phone line an officer on the line made a service request for me. judging by every person waiting will it help or not at all in this case? I am assuming once they put you to a supervisor you are lost.
 
NyC_28 said:
Today I called the 800 Phone line an officer on the line made a service request for me. judging by every person waiting will it help or not at all in this case? I am assuming once they put you to a supervisor you are lost.
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Did you talk to service person or an IO?
 
Bobsmyth I spoke to an IO who asked me my last name then wrote an email to I don't know who, wrote please send decision by mail.
 
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How long ago did you go through interview

NyC_28...

How long ago did you go through interview for your citizenship?
 
I'm not sure I understand your question. I had the interview 90 days ago and the actual interview lasted 15 minutes it was pretty fast and very ok.
 
decision cannot be made

hey I went for my interview today and i passed the exams, the officer told me that my case was approved but when he handed me the paper it said a decision cannot be made and i should receive something in the mail.

can anyone help. how long should it take:confused:
 
wizzy said:
hey I went for my interview today and i passed the exams, the officer told me that my case was approved but when he handed me the paper it said a decision cannot be made and i should receive something in the mail.

can anyone help. how long should it take:confused:
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It could take up to 120 days after the interview depending on the DO. Start making inquiries after 30 days if you don't hear anything by then.
 
wizzy said:
hey I went for my interview today and i passed the exams, the officer told me that my case was approved but when he handed me the paper it said a decision cannot be made and i should receive something in the mail.

can anyone help. how long should it take:confused:
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I wouldn't know I'm stuck myself:? Bobsmyth what kind of things should I start to do? I heard writing or talking to any senator doesn't help.
 
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