File misplaced....what to do...Help????

J

Jalma

Registered Users (C)
I applied for my US citizenship and everything went smoothly until just right before the interview, when they said they could not locate my file and may need to re-schedule my interview.

But somehow agreed to take my interview based on a copy of N-400 which i provided to them. Although I passed the interview, but IO mentioned that oath letter can also be send once they get the original file.

After 40 days of my interview, I again inquired and they still didn't receive my file. It's been more than 60 days since I passed my interview and I am still waiting for my oath letter.

Could someone please let me know what are my options here..... how long I have to wait to get this oath letter. This unnecessary wait with no fault of mine is just killing me. Thanks
 
Jalma said:
Anyone.....Any idea, What to do???
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This is my take. You have N652 interview result letter right? On it there is the name of your interview office. Write a personal letter to him/her to
beg him or her to make specific file transfer request from NBC. He may care or may not care but the chance that he cares is much higher than the
infopass receptionist or USCIS hotline officers. Of course, make sure this is legal. USCIS may prohibit applicants from contacting specific USCIS
personell directly. But at least many immigration law firms actually have their liason in USCIS.
 
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Thanks Guys. Yes, I do have N652 form. I will write a letter to IO and see what happens.

Hi Triple Citizen, Could you please explain how to file WOM lawsuit, if I don't hear from them in time.
 
Triple Citizen said:
After 120 days have passed, you may file a WOM lawsuit.
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What if the USCIS argue that they did the applicant a favor by interviewing him without files haveing arrived from NBC? They can argue that 120 days should count from the day when both interview is done and the file arrival.

Otherwise the USCIS will be less likely to do interview unlkess everything is ready. In cases like the OP's case, when IOs ask their supervisor if it is OK
to interview applicants whose file have not arrived the supervisor may say "Do not interview them. We do not know how long it will talke for
theyr file to arrive. If they file arrive 120 days from now. These people will sue us. "
 
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They can argue all they want. Lawsuits are meant so that two parties may argue in a civilised manner :)


WBH said:
What if the USCIS argue that they did the applicant a favor by interviewing him without files haveing arrived from NBC? They can argue that 120 days should count from the day when both interview is done and the file arrival.
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I guess since they already know this 120 days rule after interview, they should not have conducted the interview. I think the lawsuit is still valid as they have given the form N652 which gives the right to applicant to sue them as it is USCIS mistake to misplaced the file and not sending it to right office before scheduling the inteview.

But thanks for letting me the right form 1447b, where to get these forms from? I live in orlando, FL
 
WBH said:
Otherwise the USCIS will be less likely to do interview unlkess everything is ready. In cases like the OP's case, when IOs ask their supervisor if it is OK
to interview applicants whose file have not arrived the supervisor may say "Do not interview them. We do not know how long it will talke for
theyr file to arrive. If they file arrive 120 days from now. These people will sue us. "
Click to expand...
If they excessively delay the interview, they could get sued under WOM. Difference is that they have at least a year or two before WOM is filed, instead of just 120 days post-interview for 1447(b).
 
Jalma said:
But thanks for letting me the right form 1447b, where to get these forms from? I live in orlando, FL
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1447(b) is not a form, it is the section of the law that allows you to sue if your case is still pending 120 days after the interview.

You'll need to do some research if you plan to file it without a lawyer. Start by Googling for "1447(b) lawsuit."
 
Jackolantern said:
If they excessively delay the interview, they could get sued under WOM. Difference is that they have at least a year or two before WOM is filed, instead of just 120 days post-interview for 1447(b).
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Is there any penalty USCIS has to pay if they lose the lawsuit? Or the only
thing they need to do is just speed up the process for the plaintiff? Can
the plaintiff sue USCIS for money?
 
WBH said:
Is there any penalty USCIS has to pay if they lose the lawsuit? Or the only
thing they need to do is just speed up the process for the plaintiff? Can
the plaintiff sue USCIS for money?
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I don't think so. But if it goes to court, they end up paying for lawyers and possibly court costs. So they'll usually decide the case quickly before they have to appear in court. And they can't deny the case just to get back at you, because once WOM or 1447(b) is filed the case will be under court supervision.
 
Thanks Guys for a good discussion. I wrote a letter to the IO to help locating my file and expedite my oath ceremony. Let's see if this makes a difference.
 
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