Long wait after interview

Seekhope

Registered Users (C)
I had my interview on Nov 22nd and the officer recommended my application for approval and said that I will be receiving a letter for oath soon.

I called USCIS and the agent said that I needed to wait till 90 days passed after interview.

The interview took place in LA.

Any ideas???

Thank you
 
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By law, the USCIS has 120 days from the date of the interview to make a decision on your case. Unfortunately, not much recourse is available until that timeframe expires, and the USCIS will not look into the status of your case until 90 days pass. As of today, 73 days have passed since your interview. If your oath letter doesn't arrive in 17 days, you can contact the USCIS and request to be transferred to a 2nd tier representative. They have a lot more access to your case info than the 1st tier reps.

I had my interview on Nov 22nd and the officer recommended my application for approval and said that I will be receiving a letter for oath soon.

I called USCIS and the agent said that I needed to wait till 90 days passed after interview.

The interview took place in LA.

Any ideas???

Thank you
 
Thank you very much for the input. I will wait until 90 days pass then give them a call.
Do you think I will need to hire an attorney for this?
 
No need to hire an attorney just for inquiries and clarifications.

The only purpose to hire a lawyer is to file a lawsuit directly.
 
Thank you very much for the input. I will wait until 90 days pass then give them a call.
Do you think I will need to hire an attorney for this?

As rdxxs mentioned, there's no need to hire an attorney. Even in the hypothetical situation where 120 days pass and you still haven't received your oath letter, you can file a lawsuit under 1447(b) on your own, without legal assistance.
 
I read somewhere that in order to file 1447 b I need to submit proof that I have exhausted all means to inquire about my case like info pass, congressman correspondence...etc Is that correct?
 
I read somewhere that in order to file 1447 b I need to submit proof that I have exhausted all means to inquire about my case like info pass, congressman correspondence...etc Is that correct?

You can file a lawsuit under 1447(b) as soon as the 120 day deadline passes. You would only have to demonstrate that 120 days have passed since your interview and no decision has been made.

You probably read about the writ of mandamus (WOM) lawsuit. Several years ago, there were countless cases involving applicants getting stuck in the FBI name check process, sometimes waiting years to get an interview. Since no interview was conducted, these applicants were ineligible to file a lawsuit under 1447(b). The only recourse available to them was WOM. The purpose of filing a WOM is to get the courts to compel a government agency to do its job (in this case, to adjudicate a naturalization application in a timely manner). In order to successfully file a WOM, the applicants needed to provide proof to demonstrate that they made every reasonable effort to resolve their case via administrative channels (InfoPass, inquiring with elected officials, etc.).

Although an applicant whose 120 day deadline expired and no decision has been made and/or no oath letter has been issued is eligible to seek legal recourse under 1447(b), it's still a good idea to begin contacting the USCIS and various elected officials in an attempt to resolve the case administratively. Chances are that an application may be sitting on someone's desk, forgotten, and they just needed a swift kick in the behind to force them to remember it.
 
Guys,

Thank you very much for your help. My status changed last night to "Oath Ceremony". What a coincidence!!!
 
You can file a lawsuit under 1447(b) as soon as the 120 day deadline passes. You would only have to demonstrate that 120 days have passed since your interview and no decision has been made.

You probably read about the writ of mandamus (WOM) lawsuit. Several years ago, there were countless cases involving applicants getting stuck in the FBI name check process, sometimes waiting years to get an interview. Since no interview was conducted, these applicants were ineligible to file a lawsuit under 1447(b). The only recourse available to them was WOM. The purpose of filing a WOM is to get the courts to compel a government agency to do its job (in this case, to adjudicate a naturalization application in a timely manner). In order to successfully file a WOM, the applicants needed to provide proof to demonstrate that they made every reasonable effort to resolve their case via administrative channels (InfoPass, inquiring with elected officials, etc.).

Although an applicant whose 120 day deadline expired and no decision has been made and/or no oath letter has been issued is eligible to seek legal recourse under 1447(b), it's still a good idea to begin contacting the USCIS and various elected officials in an attempt to resolve the case administratively. Chances are that an application may be sitting on someone's desk, forgotten, and they just needed a swift kick in the behind to force them to remember it.
:o:o:o:o:o:o

Seems the officer read this post where you were provoking OP to kick his butt and promptly issued him an oath letter.
 
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***adjustment of status question***

Hello,

my boyfriend and i have been looking into the ways i could legally immigrate to the us, and we have come to the decision (through consulting with an immigration lawyer) that we want to do "adjustment of status". I am having mixed feelings about this for many reasons, mostly because i am concerned about the "intent" portion -- proving intent to go back to canada (where i currently reside). Of course i've had every intent to return to canada after each visit to him here in the u.s., and have always gone back, but i am curious how you have proved your intent.

Also, i'm looking to hear about general experiences from people who have decided to pursue the adjustment of status option, versus the k-1 fiancee visa (which is a slower process, and could potentially prevent a foreign national [non-us citizen] from entering the country for visits if there is a lack of proof of intent).

Thoughts??
 
Hello,

my boyfriend and i have been looking into the ways i could legally immigrate to the us, and we have come to the decision (through consulting with an immigration lawyer) that we want to do "adjustment of status". I am having mixed feelings about this for many reasons, mostly because i am concerned about the "intent" portion -- proving intent to go back to canada (where i currently reside). Of course i've had every intent to return to canada after each visit to him here in the u.s., and have always gone back, but i am curious how you have proved your intent.

Also, i'm looking to hear about general experiences from people who have decided to pursue the adjustment of status option, versus the k-1 fiancee visa (which is a slower process, and could potentially prevent a foreign national [non-us citizen] from entering the country for visits if there is a lack of proof of intent).

Thoughts??

Ask in the Family Based Green Cards section: http://forums.immigration.com/forum...ed-Green-Cards-Through-Marriage-or-a-Relative
 
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