Interview completed 13 months back at Hartford DO - Still waiting for Oath letter -- Please help.

S

SVGIRI

Registered Users (C)
Hi All,

It's around 17 months back that we mailed our N-400's on Oct 17th 2009 and every thing went smoothly and had our interview on Feb 12th' 2010.We were given our Oath letters on the same day and the Oath was scheduled for March 5th 2010.

We received a letter on March 4th 2010, saying the Oath was "inadvertantly" scheduled because of "administrative error" and we do not need to attend the ceremony on March 5th 2010, but should wait for further communication.This was a shock for us.

I called up National Cust Ser. Center and and the Officer told me that it happens sometimes when too many people are scheduled for the same day. She advised that we should return our original OATH letters to Hartford DO and request for rescheduling our Oath Ceremony at a later date. Accordingly we returned our oath letters along with our request for rescheduling and waited..

In the last one year or so I have taken InfoPass few times called NCSC couple of times only to be told that my case is under processing and i should call them back if I don't hear in few months.

My GC is based on employment and my wife's petition is dependant on me.I never had any issues with any of my previous processes (H-1/GC).

I have approached local congressman but received a standard reply saying my case is pending because of background checks.

I see from this forum that I can file a law suit since it's already 120 days past since my interview. Can someone please give me more details and if possible how to locate a good attorney for this purpose.

Appreciate your help.

DO: Hartford, CT

10/15/09: Mailed N-400 to Lewisville TX
10/25/09: N-400 Rec. (Per USPS)
11/12/09: Rec. FP letter
11/25/09: FP done
02/12/10: Interview Date
02/12/10: Oath Letter (Received same day as interview) (03/05/10: Oath Date (Hartford))
03/04/10: Receieved a letter postponing my oath to a later date.

04/01/2010: 1st infoPass asked to wait
06/02/2010 :2nd info pass asked to wait
07/01/2010: called NCSC, received e-mail from USCIS virginia, case is actively being pursued and will notify once the decision is made.

lost further count...
 
SVGIRI said:
My GC is based on employment and my wife's petition is dependant on me.
Click to expand...

Is your wife a derivative beneficiary for your employment-based GC process? Or did you file I-130 for her after obtaining your green card? If she is a derivative, and not a direct I-130 beneficiary, that presents other problems.
 
SVGIRI said:
my wife is beneficiary of my employment based application.
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Then you need to be aware of a strange twist in the law that causes derivative applications to be cancelled when the primary becomes a US citizen. It has happened to a couple of people on this forum, for example http://forums.immigration.com/showthread.php?297247

Once you take the oath, your wife's derivative I-485 will soon be denied afterwards. So you should be prepared to file a family-based petition and new I-485 soon after your oath.
 
Jackolantern said:
Then you need to be aware of a strange twist in the law that causes derivative applications to be cancelled when the primary becomes a US citizen. It has happened to a couple of people on this forum, for example http://forums.immigration.com/showthread.php?297247

Once you take the oath, your wife's derivative I-485 will soon be denied afterwards. So you should be prepared to file a family-based petition and new I-485 soon after your oath.
Click to expand...

You may be misreading the OP's initial post. From the use of the plural ("we mailed our N-400's", "We were given our Oath letters", "we returned our oath letters", etc) it looks to me like his wife already has a green card and does not have an I-485 pending. In that case the OP's naturalization will not have any effect on the validity of her green card.
Perhaps the OP can clarify this point.
 
Write a letter to the District Director and ask for a quick resolution to the overdue cases. Hartford is a Field Office of the Buffalo District Office (USCIS District 2).

M. Frances Holmes
USCIS Buffalo District Office
130 Delaware Avenue
Buffalo, NY 14202-2404
 
SVGIRI said:
I see from this forum that I can file a law suit since it's already 120 days past since my interview. Can someone please give me more details and if possible how to locate a good attorney for this purpose.
Appreciate your help.
Click to expand...

Can someone provide me more details and/or links on the petition 1447(b). I live in Stamford,CT and how to find a good immigration attorney in the area?

Thanks again for your help.
 
The sticky helps. I can add tips along the way, as can other people. I don't know about attorneys. You can also try doing it yourself like many do.
 
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