I know its familiar subject - BUT PLEASE I NEED ANSWER (by law)

N

neway

Registered Users (C)
Hello,

i know its is a subject that was asked several times but i can seem to locate the last posts about that, and i really need to get answer asap (for all of you who really know the LAW)

I already told me story here but just a quick important info:

i had my interview on 6/13/11

the office gave me the letter that Decision cant be made AND asked me to provide proving documents by 7/12/11

i submitted all requested doc's by FedEx - they received it on 7/8/11

SO FAR I HAVEN'T GOT ANY RESPOND FROM THEM...

the important question is from when you calculate the 120 days?? is it from the interview or from the date they receive the doc's ?!

on the N652 letter it say in the end " 120 DAYS OF THE DATE OF YOUR EXAMINATION " - once again - examination is the interview? or the date they gave me to send the doc's by ?!

please advise asap!
 
nkm-oct23 said:
What documents were you asked to provide?

120 days is after your interview.
Click to expand...

thanks for the quick reply

i had to submit doc's to show i didn't abandoned the us (as i left the country with travel permit for over 6 month).

my attorney now say that we should wait 120 days from the date they GOT THE DOC'S !!!! i got so mad but then again, i don't know the law here so i asked this question.
 
It's 120 days after the interview. However, if you file 1447(b) and part of the delay is due to the time you took to send the documents, USCIS can make that point to the judge when arguing to have the 1447(b) dismissed or requesting the judge to grant them more time.

So in order to have smoother sailing in the 1447(b) proceedings, you should account for the delay that could be attributed to you -- in your case 25 days -- and add that to the 120-day limit before filing the lawsuit.
 
Jackolantern said:
It's 120 days after the interview. However, if you file 1447(b) and part of the delay is due to the time you took to send the documents, USCIS can make that point to the judge when arguing to have the 1447(b) dismissed or requesting the judge to grant them more time.

So in order to have smoother sailing in the 1447(b) proceedings, you should account for the delay that could be attributed to you -- in your case 25 days -- and add that to the 120-day limit before filing the lawsuit.
Click to expand...

now i understand why she told me to wait the 120 days from the day they got the doc's :( I'm so sick of waiting...

i also understand the filling 1447(b) can take time by it self no? i think i read here that its even better to just resubmit the N400 application... is that true?

what is the best way to react if they didn't reply after the 120 days?
 
i also understand the filling 1447(b) can take time by it self no? i think i read here that its even better to just resubmit the N400 application... is that true?
Click to expand...

It can take several months, but it's usually almost always faster than filing a new N-400. If you file a new one, they'll just give the same (bogus) reason for another delay. Whereas in most 1447(b) cases the filing will result in USCIS responding quickly, offering to make a decision within 30 days or 45 days or something like that if you withdraw the 1447(b).
 
Jackolantern said:
It can take several months, but it's usually almost always faster than filing a new N-400. If you file a new one, they'll just give the same (bogus) reason for another delay. Whereas in most 1447(b) cases the filing will result in USCIS responding quickly, offering to make a decision within 30 days or 45 days or something like that if you withdraw the 1447(b).
Click to expand...

i see.... thank you so much for the info!

one last question -(perhaps it will be hard to answer..) while filing the 1447(b) , how are they looking at it? will they just deny to give the answer already or do they usually approve the case? from your experience, most of the time what is the end results?
also is there a time fram for the 1447(b) how long can it take?
 
neway said:
one last question -(perhaps it will be hard to answer..) while filing the 1447(b) , how are they looking at it? will they just deny to give the answer already or do they usually approve the case? from your experience, most of the time what is the end results?
also is there a time fram for the 1447(b) how long can it take?
Click to expand...

1447(b) is filed with the Federal court, not USCIS. You can ask the court itself to decide your case, or ask them to tell USCIS to decide it in a timely manner. The court doesn't have to agree to decide your case -- they usually remand it back to USCIS with a deadline, but if you've had a very long delay (like over a year) the court would be more willing to decide your case.

Most of the time the 1447(b) doesn't reach a court battle at all. USCIS wants to avoid a court case, so as I mentioned above they usually offer to decide your case within a certain number of days if you agree to withdraw the 1447(b), or they approve your case and ask the court to dismiss the lawsuit. End result is that your case is decided within 2-3 months after the 1447(b) filing. But if it goes to a court hearing it can drag out longer.
 
neway,

you returned from your last LONG trip in Mar 2009 and filed in Mar 2011. Had you waited a full 2 years and 1 day before filing the N-400? You never got back to us about that since June.
 
BigJoe5 said:
neway,

you returned from your last LONG trip in Mar 2009 and filed in Mar 2011. Had you waited a full 2 years and 1 day before filing the N-400? You never got back to us about that since June.
Click to expand...

Hi BigJoe5

well as per the dates then yes it was 2 years and more then 1 day that passed befor i filed the N400 (going by the priority date on all forms)....

so far- nothing happened since my interview.. the officer asked me to send all the doc's and i send him a pretty big package with all kind of proof i could present.
they got the package on 7/8/11 and I'm still waiting with no email or mail about my case.

on October 11 it will be 120 days from my interview and now the attorney I'm using say we should wait the 120 days from the date they got the doc's.

its frustrated!
 
Last edited by a moderator:
neway said:
Hi BigJoe5

well as per the dates then yes it was 2 years and more then 1 day that passed befor i filed the N400 (going by the priority date on all forms)....

so far- nothing happened since my interview.. the officer asked me to send all the doc's and i send him a pretty big package with all kind of proof i could present.
they got the package on 7/8/11 and I'm still waiting with no email or mail about my case.

on October 11 it will be 120 days from my interview and now the attorney I'm using say we should wait the 120 days from the date they got the doc's.

its frustrated!
Click to expand...

Until a couple of years ago it has been quite common for N-400 applicants to be stuck for several year in the FBI Name Check (I myself was stuck for more than 2 years), and the delay you have experienced thus far is minor by comparison.

Have you tried contacting the two U.S. senators for your state and the member of the U.S. House of representatives for the area where you reside?
They have staff especially trained to help with immigration cases, and an external intervention of this kind may be just enough to dislodge your case and get it moving.
At the very least, USCIS provides much faster and more substantive replies to congressional inquiries than to your own inquiries.

I assume you have already tried an INFOPASS appointment, right?
 
baikal3 said:
Until a couple of years ago it has been quite common for N-400 applicants to be stuck for several year in the FBI Name Check (I myself was stuck for more than 2 years), and the delay you have experienced thus far is minor by comparison.

Have you tried contacting the two U.S. senators for your state and the member of the U.S. House of representatives for the area where you reside?
They have staff especially trained to help with immigration cases, and an external intervention of this kind may be just enough to dislodge your case and get it moving.
At the very least, USCIS provides much faster and more substantive replies to congressional inquiries than to your own inquiries.

I assume you have already tried an INFOPASS appointment, right?
Click to expand...

No i actually didn't try (yet) the info pass. i was told that we should wait the whole 120 days before trying that... its still few days a way (15 to be exact).

i also didn't try contacting the us senators as you mention - i assume that i should wait enough time (lets say include the 25 days that it took me to send the doc's on top of the 120 days) before doing that no?
 
neway said:
No i actually didn't try (yet) the info pass. i was told that we should wait the whole 120 days before trying that... its still few days a way (15 to be exact).

i also didn't try contacting the us senators as you mention - i assume that i should wait enough time (lets say include the 25 days that it took me to send the doc's on top of the 120 days) before doing that no?
Click to expand...

There is no set amount of time that you need to wait before contacting a congress member. In your case it has been long enough already (IMO), so I'd try contacting them now.

Similarly, for the INFOPASS the instructions say:
"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment. "
I take it to mean that since it has been more than 45 days since you sent the requested materials to USCIS and have not heard back, you may make an INFOPASS appointment now.
 
You must log in or register to reply here.
Top