interested in the 120 decision deadline, then post here!

S

sony55

Banned
Hi there, anybody who is interested or concerned about his/her case after the interview in which the USCIS failed to make a decision on the case , please post your experience here, along with what do you like to do, what do you know that could help others, and what should be done about it.
For me, i read on the AILA website that administrative hearing is a better option to start with if we have a natuaralization case pending, as the court would have the authority to make a decision on the case right there and then in some cases. What do you guys think?
Who knows how to proceed with a request for administrative hearing in the district court?
Thank you !
 
I think the first step is to get a good lawyer advice. I am planning to do that in early june. I am still optimistic that my case will be completed before the 120 days. By anyway the next oath ceremony in houston is in 29th of June! So I still have two months.
 
Steve_Houston said:
I think the first step is to get a good lawyer advice. I am planning to do that in early june. I am still optimistic that my case will be completed before the 120 days. By anyway the next oath ceremony in houston is in 29th of June! So I still have two months.
Click to expand...
Steve,
We have one ceremony on may 19th and two on may 20th. Also, we have on on June 23rd and two on June 24th. I still have time, but i want to be prepared for the worst and hoping for the best. I don't want to start thinking about the process AFTER my 120 have passed. I want to Actually start the process then. I will go to the AILA webstie and ask Laywer Ron Gotcher on the other forum and see what he says.
I will keep you updated.
 
Here is what the law says!

Hi there,
Here is what the law says regarding the 120 days decision deadline according to AILF website,
"INA Section 336(b), 8 U.S.C. § 1447(b), specifically provides for judicial review for a stalled naturalization petition in these circumstances. It states as follows:
If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.
In short, the statute says that if more than 120 days have passed since the naturalization interview, the applicant can seek judicial relief. The judicial relief can come in two forms:

1) An adjudication of the naturalization application in court and by the court, or

2) A remand to CIS for immediate adjudication".
http://www.ailf.org/lac/lac_pa_052604.asp
I just need to know how to proceed with this "Judicial Relief"?
 
Public Hearing

I had my interview only on 04/29/2005. I definitely plan to get a lawyer and have him request a public hearing as soon as my 120 days are up. But InshaAllah I am hoping I wouldnt have to do that.

In the mean time I have already contacted my congressman to see if he can assist. They have said they will get back to me sometime this week.

I know for a fact if you keep waiting they will keep you waiting. One of my friend has been waiting for 13 months now after the interview and another for 7 months.

We really need to find someone who has done this so that we can get a first hand experience
 
shareef_aadmi said:
I had my interview only on 04/29/2005. I definitely plan to get a lawyer and have him request a public hearing as soon as my 120 days are up. But InshaAllah I am hoping I wouldnt have to do that.

In the mean time I have already contacted my congressman to see if he can assist. They have said they will get back to me sometime this week.

I know for a fact if you keep waiting they will keep you waiting. One of my friend has been waiting for 13 months now after the interview and another for 7 months.

We really need to find someone who has done this so that we can get a first hand experience
Click to expand...
Ok, for everybody who is interested in public hearing(judicial relief) for citizenship, let's go ahead and get together through Instant massenger like yahoo, or aol, or something like that. Let's go ahead and swap instant massenger's ID's so we can schedule an online conference where everyone could be online at the same time.
 
sony55 said:
Ok, for everybody who is interested in public hearing(judicial relief) for citizenship, let's go ahead and get together through Instant massenger like yahoo, or aol, or something like that. Let's go ahead and swap instant massenger's ID's so we can schedule an online conference where everyone could be online at the same time.
Click to expand...
Here is the answer i got from Mr.Ron Gotcher :
http://immigration-information.com/forums/showthread.php?t=6324
Please click the link and read the whole thread, it has rich and very useful information. so, anybody who is interested in a hearing can call the district court. Please, if anybody calls the court let me know what they say.
I will let you know what happenes with me as well.
stay in touch.
thanks
 
You must log in or register to reply here.
Top