Is anyone interested filing FOIA to get know how N400 is approved?
- Thread starter WBH
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But I believe if you get your A-file, you get I485 file. On that I485 file, there must be some USCIS comments and decision on the part that warn us not to fill. So if you get the same thing about processed N400, you may see the
same stuff. This may be useful for those who plan to repply after the previous one was denied
I requested my A-file through FOIPA after completing the citizenship process. As Bobsmyth pointed out, there is no secret document describing reasons for approving or denying your application. Once an application is approved, the IO puts a red "APPROVED" stamp in the "For USCIS Use Only" section on the first page of the N-400. In fact, I saw this done at my interview. The main reason why I requested my file is to see the name check results and old applications that were filled out by my parents, since I was too young to fill them out myself.
Also, if an application is denied, a letter stating the exact reason for denial is sent to the applicant.
Under the Freedom of Information Act (FOIA), you could make a request to receive the redacted sections of the USCIS Adjudicator's Field Manual (AFM) to understand what guidelines a USCIS adjudicator must use to approve or deny an N-400 petition. Although sections of the AFM are available to the public, other sections are redacted, including parts of sections about citizenship and naturalization. That is potentially a FOIA request that may result in some good, although I can just as easily see USCIS denying the request on national security or national interest grounds. Then you would have to go to court and get a judge to force USCIS to release the information, and even then they may not until all the judicial appeals are exhausted.
Interesting. How log did it take for you to receive the actual A-file copies after the FOIA request was received? I take it it was within the last year, no? Thanks.
Correct. It took around 10 months to receive my file.
Thanks. That's what I thought from looking at your timeline and the dates of your posts..
Since it's that lengthy, and since I am about to file N-400 soon, should I somehow cancel a FOIA request I have put in a few days ago so as to not split my A-file and have it become unavailable for months for my N-400 process to-be?
Is there way to contact USCIS regarding a filed FOIA request, and have it cancelled?
In that foia, I have requested a copy of only 1 application from my A-file, not more than 20 pages all in all: does size matter - i.e. could it take less to process due to relatively small volume of paper? (only serious answers, please
))
USCIS website talks about some "goals" and FOIAs show "20 business days", but does anyone know what is the actual speed these days?
Since it's that lengthy, and since I am about to file N-400 soon, should I somehow cancel a FOIA request I have put in a few days ago so as to not split my A-file and have it become unavailable for months for my N-400 process to-be?
Is there way to contact USCIS regarding a filed FOIA request, and have it cancelled?
In that foia, I have requested a copy of only 1 application from my A-file, not more than 20 pages all in all: does size matter - i.e. could it take less to process due to relatively small volume of paper? (only serious answers, please
))USCIS website talks about some "goals" and FOIAs show "20 business days", but does anyone know what is the actual speed these days?
If there are few documents requested it might be faster. I think the notice they send you indicates which track you are in. You can check for older posts from me where we went into it. I believe track 1 was faster than track 2 which was for more complicated cases like entire A-file. You should get a letter with your case number, and then you can check the status (the USCIS site is down today for maintenance and upgrade) and see what number you are out of the thousands pending. A whole A-file takes about a year, a smaller requests can be done quicker, but I have no idea as most people here have requested the entire file.
Most likely N-400 will make FOIA not doable but not the other way around.
N-400 will need yoru orgiginal file to be transfered but FIOA may only need
USCIS to make photocopies at the place where the file are stored.
But this is just my guess.
I also see some people filed again rigth after their previous N-400 were denied. I don't know what happened to their A-file in such case. Maybe
it take a long time for A file to be sent back to its original place
after the N-400 was denied. And when the new N400 is filed, the NBC
can not locate where it is