Interview Dates for NOVA residents

Philraj1 said:
PD 03/03/06 -
Interview date 09/14/06
DO Washington/Fairfax


OK Finally you have it!!!!!!!!!!!!

GREATTTTTTTTTT, Congratulations....

Please post your experience when DONE..
 
My husband is in the process right now. We haven't heard anything in in several months now. It's frustrating. He has the opportunity to apply for a great job, but they can't talk to him until he gets his citizenship. I wish there was a way to find out about his status, but the web and phone routes don't produce any useful information (unless you count the message that says it's taking 360 - 390 days to process this kind of application). Argh!

03/31/06 : N-400 mailed to VSC
03/31/06 : N-400 Priority Date
04/11/06 : N-400 NOA Date
04/24/06 : FP Letter Received
05/05/06 : FP Appointment
 
muserella said:
My husband is in the process right now. We haven't heard anything in in several months now. It's frustrating. He has the opportunity to apply for a great job, but they can't talk to him until he gets his citizenship. I wish there was a way to find out about his status, but the web and phone routes don't produce any useful information (unless you count the message that says it's taking 360 - 390 days to process this kind of application). Argh!

03/31/06 : N-400 mailed to VSC
03/31/06 : N-400 Priority Date
04/11/06 : N-400 NOA Date
04/24/06 : FP Letter Received
05/05/06 : FP Appointment

I agree it is very frustrating but there is not much you can do specially if you are just waiting for IL. I think your husband's IL might be few weeks away based on the information here!

Good luck and thanks for posting on this thread to share the information
 
Thanks 2bc. My fingers and toes are definitely crossed. I'm wondering if anyone has some information on the oath process. Can folks really take the oath the same day as their interview? What kind of situation enables that? What kinds of impediments would keep one from being able to do it? Thanks in advanced to anyone who can answer.
 
Hi there!

Yes, if you are a VA resident, you can take the oath the same day. The only issues preventing you from doing so:

- Your interview does not wrap up before 2:45ish (oath cut off is 3:00 p.m.)
- 'Decision cannot be made' after the interview

If you cannot make the 3:00 p.m. deadline, they will have you come back the following business day. The Fairfax office holds oath ceremonies every day. Hm, not that this has done me any good :-(.

Cheers!

Legal
 
Naturalization interview passed; waiting for security checks (Fairfax, VA)

LegalAlien99,

I had my interview yesterday in Fairfax, VA. It went fine. At the end of the interview, the officer gave me Form N-652, Naturalization Interview Results. She checked the box that said: "Congratulations! Your application has been recommended for approval. At this time, it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony." She then wrote by hand the following notation next to the above text: "Pending security checks." My fingerprints were taken on March 18, 2006.

She explained to me that the FBI was backlogged with its security checks and that I should be cleared within a few days or weeks. She also said that they check the status of the security checks on a daily basis.

When you went for your interview, did they check the same box on the N-652, or did they check the box directly below it, which states: "A decision cannot yet be made about your application."?

Have you followed-up since your interview? If so, how?

Thanks,

rbarrage
 
Last edited by a moderator:
Hi buddy,

Good luck! You seem to be stuck in the name check as well. I was told decision cannot be made, with a hand written note 'name check pending' next to it. I was also told it would clear within a month. Well, that did not happen.

I wrote a few letters and took two infopass appointments to no avail. My last InfoPass (this past Wednesday) I was clearly told that the name check is still pending and there 'was a snow ball's chance in hell' it would clear before the end of the 120 day deadline. She suggested I should wait until October and sue. According to her, if your name check does not clear within 90 days of its submission, you are stuck for 18 to 24 months. Unless you file 1447(b).

I hope you will get an Oath letter soon, but I would urge some caution. Do not count in it. If you do not get anything within a month, you are stuck as well. By the way, the FBI is backlogged with 280,000 name checks (as of June 06). So you do the math how like it is yours clears 'in a few weeks' considering that the FBI has only 119 employees working on the resolution of name checks.

Cheers!

Legal


rbarrage said:
LegalAlien99,

I had my interview yesterday in Fairfax, VA. It went fine. At the end of the interview, the officer gave me Form N-652, Naturalization Interview Results. She checked the box that said: "Congratulations! Your application has been recommended for approval. At this time, it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony." She then wrote by hand the following notation next to the above text: "Pending security checks." My fingerprints were taken on March 18, 2006.

She explained to me that the FBI was backlogged with its security checks and that I should be cleared within a few days or weeks. She also said that they check the status of the security checks on a daily basis.

When you went for your interview, did they check the same box on the N-652, or did they check the box directly below it, which states: "A decision cannot yet be made about your application."?

Have you followed-up since your interview? If so, how?

Thanks,

rbarrage
 
Legal,

Thanks for your response! I have now been through this and other threads and am appalled at these name check delays. What is most interesting is the USCIS Ombudsman report that you provided a link to, which acknowledges the serious delays caused by name checks and recommends that the process be "reexamined."

I have some follow-up questions for you:

(1) Do you know whether there is any significance to the fact that my N-652 had the box checked for "Congratulations! Your application has been recommended for approval," as opposed to the box for "A decision cannot yet be made about your application"?

(2) Do you know of others who had security checks pending at the time of their interview who were subsequently given final approval within a month or two?

(3) Have you heard whether the E.D. Va. (Alexandria) handles section 1447(b) cases favorably to the immigrant in cases such as ours? If so, does the court adjudicate naturalization itself, or does it remand to the USCIS/FBI to adjudicate the case immediately? If the latter, how long does it take for the USCIS/FBI to adjudicate?

(4) I note that the USCIS 4/25/06 memo states: "Less than one percent of cases subject to an FBI name check remain pending longer than six months." Do you know when the 6-month period begins to run? Is it from the date of your fingerprints (in my case, March 18), or from some other date (e.g., the date that USCIS begins internally processing your N-400)? If it is from the date of fingerprints, then I will remain hopeful until September 18, after which time I will simply wait until the 120-day period is up (approximately December 10) and bring a 1447(b) petition.


Thanks again,

rbarrage
 
rbarrage said:
Legal,

Thanks for your response! I have now been through this and other threads and am appalled at these name check delays. What is most interesting is the USCIS Ombudsman report that you provided a link to, which acknowledges the serious delays caused by name checks and recommends that the process be "reexamined."

I have some follow-up questions for you:

(1) Do you know whether there is any significance to the fact that my N-652 had the box checked for "Congratulations! Your application has been recommended for approval," as opposed to the box for "A decision cannot yet be made about your application"?

(2) Do you know of others who had security checks pending at the time of their interview who were subsequently given final approval within a month or two?

(3) Have you heard whether the E.D. Va. (Alexandria) handles section 1447(b) cases favorably to the immigrant in cases such as ours? If so, does the court adjudicate naturalization itself, or does it remand to the USCIS/FBI to adjudicate the case immediately? If the latter, how long does it take for the USCIS/FBI to adjudicate?

(4) I note that the USCIS 4/25/06 memo states: "Less than one percent of cases subject to an FBI name check remain pending longer than six months." Do you know when the 6-month period begins to run? Is it from the date of your fingerprints (in my case, March 18), or from some other date (e.g., the date that USCIS begins internally processing your N-400)? If it is from the date of fingerprints, then I will remain hopeful until September 18, after which time I will simply wait until the 120-day period is up (approximately December 10) and bring a 1447(b) petition.


Thanks again,

rbarrage

Hi buddy,

Here is my take on the questions you raised.

Ad 1: I do not think it makes a difference what they mark on the form. If the background check is pending, it is pending and they won't send you an oath letter until that is resolved. Do you know what check is pending? I know, from what I was told during my interview, that my FBI fingerprints as well as the IBIS check came back as 'No Record'. In my case, it is the FBI name check that is pending.

Ad 2: I think I recall maybe a handful of cases posted on this forum where the name check was pending at the time of the interview and it got resolved within 120 days post examination. The overwhelming majority has been stuck for way more than 120 days and have only been able to get things moving after filing 1447(b). My honest advise is: Do not waste too much time and energy writing letters to your Senators/Representatives. They are of no use. What I would suggest though is to follow up with an occassional InfoPass appointment. If you do so, keep the copies of the appointment letter. This is all stuff you can submit with your lawsuit as evidence, showing that you made an honest effort to get your case resolved within the Congressionally mandated 120 days.

Ad 3: There have not been too many 1447(b) cases in our Federal District Court. The single case where a 1447(b) lawsuit was rejected on the grounds that the court lacked jurisdiction was in May 2005 (Danilov case), which was filed in the Eastern District of VA. Yet, that does not constitute case law. Not even for our court. All other District Courts have rejected the reasoning in the Danilov case (excourse: in this case, the court bought into the argument put forth by the U.S. Attorney that the 120 day deadlined starts only AFTER all background checks are completed).

The court won't grant your naturalization. They will resort to the second demand in your prayer. It will remand the case back to USCIS/FBI giving them one last chance to fulfill their statutory and regulatory roles. Normally, the court will set a 30 to 60 day deadline. Within that timeframe, one can expect a request to dismiss the case. If you do not get the same stupid judge who ruled in the Danilov case, you should expect to be naturalized within two months of filing suit.

Ad 4: Well, they normally initiate the name check around the time you are fingerprinted. The six months window is made up and does not reflect reality. It seems these numbers are mere statistics, the time it would take to resolve a 'hit' if there was no backlog. With a 280,000ish name check backlog, the wait time you find on USCIS' and the FBI's website becomes meaningless. What I was told during my last InfoPass appointment this past Wednesday:

Chances of my name check clearing before the deadline runs out: ZERO, considering the tremendous backlog. She (the officer) suggested I should just file a lawsuit..or wait another 18 to 24 months for things to work itself out. Furthermore, she said that if a name check did not clear within 90 days of its submission, nothing would happen for a looong time..or until a lawsuit was filed.

I hope this helps.

Cheers!

Legal
 
Legal,

Your responses were helpful indeed. Thanks again!

The officer did not state which of the three security checks were pending, but I suspect that it was the name check because the USCIS memo states that the other two checks take a matter of hours or days.

Regarding Danilov, I agree that it is a bogus decision, especially in light of the other case law from other jurisdictions (e.g., El-Daour v. Chertoff, 417 F. Supp. 2d 679 (W.D. Pa. 2005), not to mention the applicable regulations themselves (8 CFR section 335.2). Technically, a district court decision is not binding on other judges within the same district, so it is quite conceivable that another judge in the E.D. Va. would decide the case differently from the judge in Danilov.

I also believe that filing a section 1447(b) is probably the only way to get our cases expedited. In this regard, I came across a January 2005 USCIS memo (issued by the Newark, NJ DO), which states that the USCIS will request the FBI to expedite a name check if, among other things, a "writ of mandamus -- lawsuit [is] pending in Federal Court". I realize that section 1447(b) is different, but I expect that it would motivate USCIS to request FBI to expedite the name check. This is consistent with what the FBI says on its website. There's also an April 25, 2006 USCIS "Interoffice Memorandum" whose subject is "Background Checks and Naturalization Interview Scheduling." (This is different from the Fact Sheet on the USCIS website.) The memo states that interviews are not to be scheduled until all FBI checks (fingerprints and name checks) are completed. 8 CFR section 335.2(b) says the same thing. But I guess the Fairfax office does not adhere to this. The idea appear to be to preclude the 120-day clock from starting to run.

I just hope that this all gets resolved without any further action on my part, although judging from the various threads, I may just be dreaming.

rbarrage
 
Interview Call only when name check is completed...

Hi rbarrage,

I was under the impression that under the changed policy (beginning May 2006), USCIS will send an Interview Letter only after receiving name check clearance...is it not the case anymore? or have you received your Interview letter before May 2006?

Thanks much for throwing any light on the above issue...also, I hope and pray that your name check comes thru ASAP...I have been following Legal's ordeal...and it's just not fair!!

Srini
 
Srini,

Thanks. That is clearly intended to be the policy, as set forth in an internal memo dated 4/25/06. However, it would appear that the USCIS has not fully implemented the memo. The end of the memo says that the USCIS should begin putting in place procedures to ensure that naturalization interviews are not scheduled until all security checks are completed. Some offices (including Fairfax) must not have these procedures in place yet. Thus, it was the last thing that I expected when I went in for my interview on Thursday. Indeed, the USCIS officer appeared to be genuinely disappointed and explained to me that, while the USCIS generally has reached its goal of reducing backlogs to a 6-month period, the FBI is still behind, which negatively affects the USCIS's processing times.

Having previously waited 3 years and 3 months for the processing of my I-485 application (from February 2000 until May 2003), I sadly have grown somewhat accustomed to (but not willingly accepting of) INS/USCIS delays.

rbarrage
 
Has anyone been able to schedule an infopass appointment for the Northern VA office - I kept getting no information available, try again? Is there something I am missing here? Thanks for your response in advance
 
My priority date was in mid-February. I had my interview on August 10. I passed the interview, but "security checks" are still pending.

As for InfoPass, you have to keep trying. I had tried at least 10-15 times over a three-day period before I was able to get an appointment.
 
I guess I don't really understand why the security takes as long as it does. My husband has already been through the fingerprinting process twice before (once for his L-2 and again for the Green Card) and didn't raise any flags. It seems kind of redundant and wasteful to do it again. Oh well...
 
Muserella, it actually does make sense for USCIS to do fingerprinting for each of the separate applications. There is a time leg between the applications and you can simply make crime or become flagged in FBI databases and USCIS need to know this info before giving you any immgration benefit. Also, USCIS need to know your true identity and bio-metrics offers valuable insight about it.

The real problem is that namecheck process is inefficient and creates backlogs. Fingerprinting process works well and reasonable.
 
Superstring said:
The real problem is that namecheck process is inefficient and creates backlogs. Fingerprinting process works well and reasonable.

Thanks, Superstring. I don't know exactly what the namecheck process is. Can someone illuminate?

Thanks!
 
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