Form N-652 with A decision cannot yet be made

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aespinal

New Member
I was interviewed on 2/24/11 and passed the test. Since I was sentenced to three years probation on 1993 for cospiracy to commit credit card fraud, I received a form N-652 with A decision cannot yet be made...They requested also copies of two previous marriages that I sent immediately. It is more than three months and I am waiting for the decision. What could I do next? Do I have to worry?
 
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I checked my case status and it said: Your case has been transferred to a local office and an interview will be scheduled. You will be sent a notice advising you of the date and time of your interview.

Do I need a lawyer for that interview?
 
aespinal said:
I checked my case status and it said: Your case has been transferred to a local office and an interview will be scheduled. You will be sent a notice advising you of the date and time of your interview.

Do I need a lawyer for that interview?
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The online case status message almost certainly refers to the original interview that you had on 2/21/11.

Did you try making an INFOPASS appointment to inquire about the status of your application?
You could also submit an e-request inquiry online:
https://egov.uscis.gov/e-request/Intro.do;jsessionid=abcvpd3eHXawdcKkTNCbt
 
When trying to submit an e-request inquiry online, received this repply: Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. The interview was in Philadelphia.
 
aespinal said:
When trying to submit an e-request inquiry online, received this repply: Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. The interview was in Philadelphia.
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The current official processing time for N-400 in Philadelphia is 5 months.
https://egov.uscis.gov/cris/processingTimesDisplay.do

You'd have to wait until 5 months have passed since the initial submission of N-400 before the system will let you file an e-request.
However, you can try scheduling an INFOPASS appointment now.
 
You may file a lawsuit under 1447(b) as mentioned on the bottom of your N-652 after 120 days of your interview, I did and got my oath letter within 30 days of filing the suit. You can file yourself without retaining a attorney otherwise you may have to wait for a long time.
 
baikal3 said:
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You'd have to wait until 5 months have passed since the initial submission of N-400 before the system will let you file an e-request.
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Most likely the OP's has already passed the 5 month mark considering the interview was in February.
 
aespinal said:
I was interviewed on 2/24/11 and passed the test. Since I was sentenced to three years probation on 1993 for cospiracy to commit credit card fraud, I received a form N-652 with A decision cannot yet be made...They requested also copies of two previous marriages that I sent immediately. It is more than three months and I am waiting for the decision. What could I do next? Do I have to worry?
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Did you send in the documents by certified mail showing they have received them? Have you followed up with USCIS via Infopass since?
 
It will be at least June 24, 2011 before it clocks 120 days. At that time you can file an e-request, the system will block you form doing that before that time. And I will not suggest doing a 1447(b) off the bat, there are other preceding options that can help you unravel and get a decision to your case. You can file a congressional inquiry via your state rep, submit form 7001 (http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf) to the USCIS Ombudsman, write to the District Manager of your DO, and schedule an InfoPass for after 120 days. These are what I did that got me my oath date within a couple of weeks. However, had all these failed, my next step was going to be the 1447(b).
 
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To be more specific, if the processing time has reached and passed the priority date of the N400 application then the e-request will go through, otherwise it will not. In my experience, the processing time was closely after the 120 days period.
 
namecheckvictim said:
You may file a lawsuit under 1447(b) as mentioned on the bottom of your N-652 after 120 days of your interview, I did and got my oath letter within 30 days of filing the suit. You can file yourself without retaining a attorney otherwise you may have to wait for a long time.
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i had my interview back in jan 20,2011 and i am still waiting . i have filed an e-request and they reply as" your case is actively being processed" i schedule an info pass , they said that the officer has requested some kind of document from a third party. it has been almost 6 month and nothing happened. would you please help me and tell me how can i file the lawsuit? do i need a lawyer? my email is samjhajj78@gmail.com
 
Can you still travel during these waiting time? or the days out will count in your application, eventhough that you already had an interview?
 
Julie_9 said:
Can you still travel during these waiting time? or the days out will count in your application, eventhough that you already had an interview?
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Yes to both. The important thing is not to travel so long as to affect continuous residency requirement.
 
Tks, The problem is that I have already 897 days out (I already proved to them that I didn't break my residence) but I know that I can't go more than 913 right? I was just wondering since I already had my interview the 913 still applies?
 
Julie_9 said:
Tks, The problem is that I have already 897 days out (I already proved to them that I didn't break my residence) but I know that I can't go more than 913 right? I was just wondering since I already had my interview the 913 still applies?
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Physical presence is only required up until the time you apply, where continuous residence is required up until oath. However, for a border line case its safer to hold off all travel until after oath.
 
Julie_9 said:
Tks, The problem is that I have already 897 days out (I already proved to them that I didn't break my residence) but I know that I can't go more than 913 right? I was just wondering since I already had my interview the 913 still applies?
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Julie in your other thread, you talk about them asking for lease to prove your residence, and you still working on that. Here you say you already proved that you did not break the residence. Which one is it?
 
I did, I gave IO bank statments, utility bills, car insurance, letter from my employer here etc..., I don't understand why they asked me that
 
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