My husband has been waiting now for 5 years and still no citizenship. We contacted a lawyer a year ago, they pretty much just wrote letters and couldnt get anything done, so we are in the process of getting a refund. We have contacted another lawyer but she needs the paper stating he had an interview on such and such date and passed, but I unfortunately lost it. So she wanted us to get that document from USCIS via a FIOPA. Our previous lawyer filed for one a few months back and we're still waiting. Our lawyer cannot file the lawsuit without the document. So my question is, how long does it usually take to receive our requested documents?
Foipa
- Thread starter MazzyStar
- Start date
The backlog in USICS FOIA (not to be confused with the FBI FOIPA) requests has gotten so bad that it is taking up to 1 year to receive a response.
Jackolantern
Registered Users (C)
Your interview was in August 2003? They have to give a decision within 120 days after the interview. Contact your senator/congressman, and if that doesn't work, file a WOM lawsuit. Your case is one of the most clear-cut ever for winning WOM.
We want to file and have already spoken to our lawyer but since we dont have the paper they gave him when he finished his interview, she cannot go through with the lawsuit. So we're stuck waiting for it. Gahhhhhhh
You should schedule an InfoPass appointment as soon as possible. This can be done by going to http://infopass.uscis.gov. When you go to your appointment, they should be able to give you a printout, stating that the interview has been passed, but no decision has been made due to ongoing background checks. Your husband seems to be the most ideal candidate for a 1447(b) lawsuit, as was mentioned by GhantaBro and Jackolantern. By law, the USCIS has 120 days after the interview to make a decision on a case. A case cannot be denied simply on the basis of the fact that an applicant is stuck in name check. As long as you file this lawsuit properly, your husband will be naturalized within a couple of months. You may also want to read the "Lawsuit against the USCIS" sticky thread. It has a plethora of valuable information.
1447(b), not WOM as the interview was already held.
That may be what is written in the FOIA law, but it doesn't seem enforceable. For example, the Homeland Security Department set an ambitious goal of eliminating its entire FOIA backlog by the end of 2007, but instead saw it grow from 82,544 to 83,661 requests.
http://ap.google.com/article/ALeqM5go8hiQ3F5vdmFtZeYXCfoMf9Pc-wD8VF9R581
Make sure you request the FOIA from USCIS to get a copy of your USCIS case file. A FOIPA request from the FBI also wouldn't hurt.