I'm new to this forum this is my first thread can you guys please help me?

Do they only count business days Monday-Friday or they count the weekends as well?
 
mnprtltt said:
Do they only count business days Monday-Friday or they count the weekends as well?
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Anyone know? it's been 80 days including weekends and if 120 days have passed and no word from them what should i do?
 
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mnprtltt said:
Anyone know? it's been 60 days and if 120 days have passed and no word from them what should i do?
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If an N-400 is denied, you can file the N-336. You did that as allowed by INA 336(a).

8 CFR 336.2 (b) imposes a 180 day period merely for USCIS to schedule your "second hearing". There is NO statutory or regulatory limit as to how long they can take to render a decision. That said, you can file for judicial review under 5 USC [probably] Sec. 702.

INA 310 (c) Judicial Review.-A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a) , may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.

5 USC §702. Right of review

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.

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You must argue that there has been an "unreasonable delay". You must find similar cases to support your argument. Other cases should involve similar issues and similar processing timelines.
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That said, your case is likely to remain denied and you are likely going to be barred from re-applying as previously discussed. If you can afford the time and money to file a lawsuit, you have that right.
 
Thanks that was a lot of help i wont take this matter to court because i cannot afford to so my best bet will be to wait it out and accept their decision i understand that it was totally my fault for not disclosing a ticket that if i had in the first place i would not be in this mess but was unaware of all the rules now i know and will follow them next time.
 
O.K one more thing guys is it true that when they usually send out the denial letters the postmaster always delivers them in person because that's what happened when my n400 was denied i think he gave me a paper which told me to go to the post office to go pick it up or either he handed it to me at my door i cant remember and when my mom got her approval/oath letter it was put in our mail box with the regular mail and was not delivered in person. Anyone aware of how this works?
 
mnprtltt said:
O.K one more thing guys is it true that when they usually send out the denial letters the postmaster always delivers them in person because that's what happened when my n400 was denied i think he gave me a paper which told me to go to the post office to go pick it up or either he handed it to me at my door i cant remember and when my mom got her approval/oath letter it was put in our mail box with the regular mail and was not delivered in person. Anyone aware of how this works?
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Denials usually come by certified mail to prove you got it and start the clock ticking on any motion or appeal rights.

Oath letters are sent by regular mail and are usually computer generated and mechanically stuffed in the envelope.
 
Thanks BigJoe you have been such a big help in answering all my questions every board needs someone with experience like you. I will make sure to keep you posted on whenever i receive something from them but im not going to complain/take it to court or force them to give me a decision one day they will sure enough send me something just hope it's sooner than later thanks a lot for your help i really appreciate it.
 
Thanks to everyone for all the helpful advise. I got a letter from uscis yesterday stating my appeal was granted and i provided enough evidence and overcame the previous decision and i should be expecting a letter for oath in the mail.
 
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