As GungaDin posted, there aren't too many rampant delays in processing any more. In the past, USCIS would conduct interviews regardless of whether or not the name check was cleared. Since name check delays aren't an issue any more, there aren't many other reasons to file a lawsuit. If you go back a couple of years in the lawsuit sticky, you'll see many posts pertaining to 1447(b) and WOM. Nowadays, that thread is pretty much dormant.
My Long and stressfull Interview experriance
- Thread starter armin78
- Start date
As GungaDin posted, there aren't too many rampant delays in processing any more. In the past, USCIS would conduct interviews regardless of whether or not the name check was cleared. Since name check delays aren't an issue any more, there aren't many other reasons to file a lawsuit. If you go back a couple of years in the lawsuit sticky, you'll see many posts pertaining to 1447(b) and WOM. Nowadays, that thread is pretty much dormant.
120 days after second interview is more than enough time for USCIS to respond. IMO, 60 days is sufficient wait after second interview for USCIS answer before you file 1447(b).
Do you have the first notice with the 'no decision can be made' with you? If so, can you please read the last paragraph of that document again (and then, read it again). USCIS can't keep resetting the clock by calling you in for your 'next' interview.
Take it from one of the people who had to wait 3+ years for security clearances - Infopass doesn't mean anything. Your only reason to go to the Infopass is to get USCIS to say something really silly so you can add it to your 'complaint'. In your case, USCIS told you it could take 6 more months to get a decision to you while the piece of paper they handed you after your first interview said that after 120 days you can ask a judge to intervene.
What are you going to do if you don't hear from USCIS for another 6 months (or worse still, you get a 3rd interview call a month from now). Is your lawyer going to tell you to go for that interview and then wait another 120 days or are you going to file a 1447(b) action with a pending interview. (If your current situation isn't 'ripe' for a lawsuit, a pending interview is only going to make the situation worse as in that case, the Judge will try to let USCIS decide your case before intervening)
(But i totally understand your thought process... I too waited 3 years while others filed complaints after 18 months ).
You don't need a lawyer for this. You can file this Pro Se (for yourself) and should get this sorted pretty quickly.
if your case is clear of any issues, go ahead and send them an advance draft copy of the complaint you intend to file.
That should get the case moving.
Thanks. As i said before i am more than ready to go and file a 1447b, but i was told by lawyers , i should wait 120 days from my second interview. but you and others are right as well that i can file it from my first interview since i passed the tests and they gave me an interview result.
I am just thinking it through.
BTW you waited 3 years for fbi NC on your GC ? if you don;t mind me asking , did you get your GC through asylum ?
wantmygcnow
Volunteer Moderator
Armin, you need to file 1447b to get this case resolved. AS I told you about someone in my family in Baltimore who got approved after a 1447b. He didnt go through the crap you went through..however they kept on telling him same stuff about "waiting"...If you have no skeletons in your closet(i.e visiting your COP for example) then do not worry and sue the crap out of USCIS!!!!!!!
Nope. Marriage to a US Citizen.
So there really isn't a good reason for these delays. I had someone look at my case internally and the computer had my application listed as employment based. All someone had to do was to fix the error and it would have moved, but as the record was on hold, it was forgotten.
Infopass/senators etc did nothing so I typed out a WOM complaint and sent it along to USCIS to serve as a notice of what was to follow if they didn't get my application processed.
That seemed to have done the trick as I received my GC soon after that.
Update ,
I got the phone call from my congress man office. USCIS told them that Baltimore office recommend my case for approval , but the supervisor have to approve it before they make a decision. USCIS told them i should wait 45 days .
So hopefully i get some kind of decision after all.
I got the phone call from my congress man office. USCIS told them that Baltimore office recommend my case for approval , but the supervisor have to approve it before they make a decision. USCIS told them i should wait 45 days .
So hopefully i get some kind of decision after all.
I think the oath letter can come winthin next month.
It is darkest hours before the dawn
Congratulation!!!. My prediction (next month) come true
You can file a FIOA request later to see what they did during the process. It would be interetsing to see
Thank you guys.
Bobsmyth : yes it's very strange that i got the letter on the same day that i was told wait 45 days for supervisor approval.
WBH : As soon i as i become US Citizen , I'll file for FOIA and keep it as part of my immigration journey docs for my children. ( it took me 14 years to become a US citizen)
Bobsmyth : yes it's very strange that i got the letter on the same day that i was told wait 45 days for supervisor approval.
WBH : As soon i as i become US Citizen , I'll file for FOIA and keep it as part of my immigration journey docs for my children. ( it took me 14 years to become a US citizen)
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Congratulations, armin78! Glad to see that everything worked out in your favor.
Some oath ceremonies are judicial and are held in court, others are administrative and are held at the DO.
Here quite a lot of Delaware residents do interview in Philadelphia DO but take oath in Delaware. Is there a rule that
a resident of a state must take oath in the same state?
By jurisiction, you mean USCIS? Delaware has its own DO at Dover. But aplicants live in Delaware close to Philadelphia
go to Philadelphia for interview so Philadelphia DO has jurisdiction over them. But they will take oath in Wilmington, Delaware not in Philadelphia DO