DO U THINK LAWSUIT (1447(b), ) CAN RESULT IN DENIAL ?!

N

neway

Registered Users (C)
It's been 129 days since my interview. NO RESPOND from USCIS

my attorney scheduled infopass for tomorrow but then she just canceled it and reschedule for 2 weeks from now! (another attorney who don't care about someone life and situation...fustrating as i had enough from several attorneys like that)

any way, the info pass is schedules in 2 weeks and at that time it will already be 142 days from the interview!!! ( and it basically 117 days from the date the officer got the documents he request for at the interview). so i believe if no respond will come by then, that i waited all the necessary time for them to reply. no?!

i heard that at the infopass appointments they usually tell you to wait more due to one reason or the other (if I'm wrong- please correct me)...

so I'm starting to think of filing the 1447(b) after the info pass if that is what they will tell me, but i am concern and thinking if that can just trigger them and have them simply denial my case due to that reason...

I'd love to hear what you think? I'm sure you all know better then me and I'm just putting here in writing my thoughts and what i heard (which i don't know how true it really is).

thank you
 
Before filing 1447(b), you should wait at least 25 days after the 120-day mark, because you took 25 days after the interview to send USCIS the requested documents.

If you file the 1447(b) before it has been 145 days, USCIS will bring up your 25-day delay in their efforts to get the court to dismiss the lawsuit. And the court might agree with them.
 
Jackolantern said:
Before filing 1447(b), you should wait at least 25 days after the 120-day mark, because you took 25 days after the interview to send USCIS the requested documents.

If you file the 1447(b) before it has been 145 days, USCIS will bring up your 25-day delay in their efforts to get the court to dismiss the lawsuit. And the court might agree with them.
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so this is exactly what I'm going to do. the info pass is 142 days so ill wait for the end of that week...

but the question is how long this process is? and do you think if that can just trigger the denial ?
 
When you file a 1447(b) case, it will be under supervision of the court so USCIS cannot deny you for arbitrary reasons.

How long it takes depends on how USCIS reacts. A common result is for USCIS to contact you within a few weeks and offer to decide your case within a specific time frame like 30 days or 60 days. If it goes to court it could drag out for several months, but USCIS wants to avoid court so they'll usually take action fast enough to stop it from being heard by the judge(s).
 
Refresh my memory please

What was the problematic issue for your N-400? I can't keep everybody straight.
 
BigJoe5 said:
What was the problematic issue for your N-400? I can't keep everybody straight.
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hi Big Joe5 , im adding one of my posts here from before so you can see the problems in my case:

i got my GC in 06 (my husband is a us citizen).
during the years, i had to leave the us for 10.5 month (for medical reasons) and i make sure before i left to get the travel permit. and they gave me the permit that basically allow me to leave for 2 years.
even though i had it for 2 years, i came back after 10.5 month for 2-3 weeks and then left again for less then 6 month.
after those 2 trips i came back (i did had other short trips ).
i filed for the 5 years of having GC. and out of the 5 years, even with all the time out side i have over 3 years inside the us.
my attorney told me that they can't hold the time i was out side (the long trip) "against me" as they gave me the permission to leave with the permit. he also said, if it was more then a year then i stop the count but if its 6 month and up (as long as its less then a year) a person should have ask for the permit, which i did.

anyway, i filed for the naturalization on march and my interview was 2 days ago
in the interview the officer was not nice at all, and after 2 min he got to the page with all the exits and start ask right a way why did i leave so many times and why so long. i explained him and he start saying the i broke the time for the naturalization.
i was surprised and start tell him, but i got the permit and showed him. he didn't care.
then he asked what happened during that time, and i told him we kept our apartment and i showed him a lease i had.
he didn't even look at it. i aslo said i filed taxes for that year... i had the tax transcript with me and he didnt even ask to see it.
he continue to ask me lots of other questions, and a lot of them where about my husband (i don't know why, as i filed for the 5 years).
after couple of minutes, and a page he asked me to fill in and sign about that time during that year, he continue with the test which i passed.

at the end, he told me i will need to send some documents and gave me a form stating i passed the test, but i have a month to send documents to show i was resident in the us from 2006!!!
then, he added another marked so i will send also doc's about the marriage ?!?! then i asked why? as i filed for the 5 years... and he said that he is trying to help me coz maybe it will be easier for me to get it by the marriage.
my attorney said its not true and after u file for 1 thing, u cant go back and file for something else.

i asked him what exactly is he asking for and then i told him i have alot of it with me. he didn't even want to look and just say send it all organized.

by the way, i filed tax for all years!

since all of our stuff was thrown to the garbage while our landlord renovated the place so i dont have all the proofs from few years back, i had to call my bank and ask for all my statements back, as well from all credit cards... i have the lease, i have tax returns, i have the passport and letter from my previous employer. what else ?!

so he didn't gave me a denial but he said they cant get a decision and to send the documents "

************
i submitted all documents - HUGE package with every thing to show that i didn't break the continuance and about the marriage.

so since the interview its been 129 days (and by the time ill have the info pass it will be 142 days from the interview! and it will be 117 days from the date the officer got the package with all the documents...)
 
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