N-400 applied in 2003 and still waiting for naturalization..please please help!!

A

ashlie23

Registered Users (C)
Please Read This..help!! N-400 Applied In 2003 And Still Waiting For Citizenship..

Dear administrator and all,

My situation seems to have gone out of control since early 2004. There are 2 members in my family still waiting to receive their citizenships.

BRIEF SUMMARY :

I am a resident of state Tennessee.My family applied for N-400 in Nov 2003 at Texas service center. Things were working out just fine. Four of us received our interviews in October 2004. My parents became naturalized citizens in Feb 2005; however, I and my sister's oath is still pending. We both passed our interviews in 2006 and 2004, respectively. We still have not received the call for an oath.
-Upon many inquiries to USCIS, we were told that our files are under "FBI: name check."
-We made many trips to Memphis center, where out interviews were conducted- made appointments with InfoPass.
-Wrote letters to Senator of Tennessee -twice and visited his secretary in person.
-Wrote letter to Vice president - Cheney
-Emails to FBI
After too many attempts, all we have heard is that our files are still under "FBI:name check."

It has been more than 3 years and we are still desperately waiting for our citizenship. This has caused a lot of major problems in the family.

Upon inquiring with different attorneys, we have been told that "there is nothing they can do about it, and we will have to wait and see." We have been eagerly waiting and it seems like it will become worse and worse and time goes by.

I have heard that we can get attorneys to sue the USCIS - however, attorneys are not willing to help out ..
We are really confused and not sure what should be our next step since it seems as if we have done everything possible in our power.

If anyone has any clue about what should we do, please please reply to this forum.

Thanks!!
 
Last edited by a moderator:
thanks

thanks for reply.
do u think it's better to hire a lawyer (if I can find one) or rather do it myself?
 
ashlie23 said:
thanks for reply.
do u think it's better to hire a lawyer (if I can find one) or rather do it myself?
Click to expand...
you tried for almost 3 yrs without any results, so better hire a lawyer, just my suggestion, rest is up to you! Sue them by hiring a lawyer!
 
ashlie23 said:
Dear administrator and all,

My situation seems to have gone out of control since early 2004. There are 2 members in my family still waiting to receive their citizenships.

BRIEF SUMMARY :

I am a resident of state Tennessee.My family applied for N-400 in Nov 2003 at Texas service center. Things were working out just fine. Four of us received our interviews in October 2004. My parents became naturalized citizens in Feb 2005; however, I and my sister's oath is still pending. We both passed our interviews in 2006 and 2004, respectively. We still have not received the call for an oath.
-Upon many inquiries to USCIS, we were told that our files are under "FBI: name check."
-We made many trips to Memphis center, where out interviews were conducted- made appointments with InfoPass.
-Wrote letters to Senator of Tennessee -twice and visited his secretary in person.
-Wrote letter to Vice president - Cheney
-Emails to FBI
After too many attempts, all we have heard is that our files are still under "FBI:name check."

It has been more than 3 years and we are still desperately waiting for our citizenship. This has caused a lot of major problems in the family.

Upon inquiring with different attorneys, we have been told that "there is nothing they can do about it, and we will have to wait and see." We have been eagerly waiting and it seems like it will become worse and worse and time goes by.

I have heard that we can get attorneys to sue the USCIS - however, attorneys are not willing to help out ..
We are really confused and not sure what should be our next step since it seems as if we have done everything possible in our power.

If anyone has any clue about what should we do, please please reply to this forum.

Thanks!!
Click to expand...
Since your interviews are over and more that 120 days have passed since your interview, you can sue USCIS. Contact a lawyer and pay them the fees to sue USCIS. Your case will clear within a short time.
 
Thanks a lot MissMolina and N400Applier. Your replied have helped me made up my mind. I am hiring a lawyer ASAP.

Thanks a lot once again.
 
ashlie23 said:
Thanks a lot MissMolina and N400Applier. Your replied have helped me made up my mind. I am hiring a lawyer ASAP.

Thanks a lot once again.
Click to expand...
Goodluck, its your right to persue this route.
 
guys, i wanted to file a lawsuit again USCIS/FBI. When I call attorneys to hire them, none of them are willing to take the case as all of them are saying that USCIS have immigration delays in name check, and they won't be able to help out with filing a law suit.
Like I mentioned earlier, my case has been stuck in FBI name check for past 2 years..what should I do??
 
But, you had your interview. It says right there on the interview results letter, (something to the effect of): "if we haven't informed you of a decision in 120 days, you may see judicial relief" (or something like that).

When you sue, you aren't suing to force them to let you in, you are asking a judge to compel the USCIS to make a decision. Basically, when the USCIS interviewed you and handed you that letter, they made you a promise to get back to you within 120 days with a decision. Since they haven't down that, your relief is to go to a judge and say "hey, they owe me a decision". The judge looks at it and (should say) "hey, USCIS, decide within the next N days".
 
yes! you are very right. It makes sense to file a lawsuit against USCIS. I am still tryin to find attorneys, if not..i'll do it myself..thanks for advise!! :)
You guys have been great help :) :) :) :) :)
 
Sorry to hear your situation. Are you a Muslim or from any Middle Eastern countries? Contact the following law firm and try to get a consultation appointment with Attorney Gregory Siskind - very famous and knowledgeable immigration attorney.

http://www.visalaw.com
 
Join This Forum

ashlie23 said:
Dear administrator and all,

My situation seems to have gone out of control since early 2004. There are 2 members in my family still waiting to receive their citizenships.

BRIEF SUMMARY :

I am a resident of state Tennessee.My family applied for N-400 in Nov 2003 at Texas service center. Things were working out just fine. Four of us received our interviews in October 2004. My parents became naturalized citizens in Feb 2005; however, I and my sister's oath is still pending. We both passed our interviews in 2006 and 2004, respectively. We still have not received the call for an oath.
-Upon many inquiries to USCIS, we were told that our files are under "FBI: name check."
-We made many trips to Memphis center, where out interviews were conducted- made appointments with InfoPass.
-Wrote letters to Senator of Tennessee -twice and visited his secretary in person.
-Wrote letter to Vice president - Cheney
-Emails to FBI
After too many attempts, all we have heard is that our files are still under "FBI:name check."

It has been more than 3 years and we are still desperately waiting for our citizenship. This has caused a lot of major problems in the family.

Upon inquiring with different attorneys, we have been told that "there is nothing they can do about it, and we will have to wait and see." We have been eagerly waiting and it seems like it will become worse and worse and time goes by.

I have heard that we can get attorneys to sue the USCIS - however, attorneys are not willing to help out ..
We are really confused and not sure what should be our next step since it seems as if we have done everything possible in our power.

If anyone has any clue about what should we do, please please reply to this forum.

Thanks!!
Click to expand...
hi Dear!
Sorry to hear about your situation. I am in the same situation since two years and pllaning to file a lawsuit 1447b by myself(Pro se). If you wanna do it through a lawyer, that is up to you, but my personal suggestion to you is that talk to as many lawyers as you can because most of them are not familiar with this law suit and most of them won't even talk about 1447b. They will tell you to file WOM(Writ of Mandamus). It is not a good idea to file WOM in your situation beacuse you passed the interview, like myself and just waiting for the adjucation of the case. Because so many people filed lawsuites againist USCIS in 2005 and 2006, now, they are making it more harder for people to win these cases now. you can offcourse file a lawsuit but you will have to prepare to defend yourself. For, instance, they can say, as they have dine in many cases that 120 days rule did not even start at the time of interview since the bacground check was not complete and by saying that, they could file a Motion to dismiss your case as they have done in many cases. Now if you or your lawyer do not know what to do exactly( as I said that most lawyers are not familiar with this 1447b (Hearing for natuarlization), you may end up messing your case up. Motion to dismiss does not mean that your case dismiss. It is up to the judge to decide and he/she will look at your case; however, all I am saying it that you have to have a knoweldge of what to do in this situation. PLEASE DO YOURSELF A BIG FAVOR AND JOINE THE FORUM, HOW TO FILE A LAWSUIT AGAINIST USCIS. I JUST JOINED IT LAST WEEK AND IT HAS VERY VALUABLE INFORMATION. IF YOU STILL WANNA DO IT THROUGH LAWYER, THAT IS NOT A PROBLEM, BUT KNOW WHAT ARE YOU DOING, MY DEAR AND REMEBER, THSES LAWYERS HAVE OTHER TONS OF CASES. DO NOT LEAVE EVERYTHING ON LAWYER. THERE ARE ALOT OF PEOPLE ON THAT FORUM THAT CAN HELP YOU, I BELIEVE YOU HAVE POSTED YOUR QUESTIONS THERE, BUT I AM NOT SURE. BEST OF LUCK !! BEST REGARDS, DUDE.
 
As others have noted, you need to go to the lawsuits subforum in this forum:

http://www.immigrationportal.com/showthread.php?t=194681

There are many people there dealing with the lawsuit related problems and they will be able to help you better.

One general remark: although you live in the Knoxville, TN area, you may hire a lawer from any place in the country. If you do some google searching and talk to the people in the lawsuits subforum, you should be able to come up with some names of good lawers who have experience in dealin with this particular problem.

One other thought. Since you already tried the senators from your state and they did not help, you may also write to the USCIS Ombudsman:

http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Good luck!
 
dadababu2000 said:
Sorry to hear your situation. Are you a Muslim or from any Middle Eastern countries? Contact the following law firm and try to get a consultation appointment with Attorney Gregory Siskind - very famous and knowledgeable immigration attorney.

http://www.visalaw.com
Click to expand...


Hi there..no I am hindu..is the attorney you mentioned only take cases of muslim's or middle easterners or can I contact him??

thanks a bunch in advance
 
DUDE12190 said:
hi Dear!
Sorry to hear about your situation. I am in the same situation since two years and pllaning to file a lawsuit 1447b by myself(Pro se). If you wanna do it through a lawyer, that is up to you, but my personal suggestion to you is that talk to as many lawyers as you can because most of them are not familiar with this law suit and most of them won't even talk about 1447b. They will tell you to file WOM(Writ of Mandamus). It is not a good idea to file WOM in your situation beacuse you passed the interview, like myself and just waiting for the adjucation of the case. Because so many people filed lawsuites againist USCIS in 2005 and 2006, now, they are making it more harder for people to win these cases now. you can offcourse file a lawsuit but you will have to prepare to defend yourself. For, instance, they can say, as they have dine in many cases that 120 days rule did not even start at the time of interview since the bacground check was not complete and by saying that, they could file a Motion to dismiss your case as they have done in many cases. Now if you or your lawyer do not know what to do exactly( as I said that most lawyers are not familiar with this 1447b (Hearing for natuarlization), you may end up messing your case up. Motion to dismiss does not mean that your case dismiss. It is up to the judge to decide and he/she will look at your case; however, all I am saying it that you have to have a knoweldge of what to do in this situation. PLEASE DO YOURSELF A BIG FAVOR AND JOINE THE FORUM, HOW TO FILE A LAWSUIT AGAINIST USCIS. I JUST JOINED IT LAST WEEK AND IT HAS VERY VALUABLE INFORMATION. IF YOU STILL WANNA DO IT THROUGH LAWYER, THAT IS NOT A PROBLEM, BUT KNOW WHAT ARE YOU DOING, MY DEAR AND REMEBER, THSES LAWYERS HAVE OTHER TONS OF CASES. DO NOT LEAVE EVERYTHING ON LAWYER. THERE ARE ALOT OF PEOPLE ON THAT FORUM THAT CAN HELP YOU, I BELIEVE YOU HAVE POSTED YOUR QUESTIONS THERE, BUT I AM NOT SURE. BEST OF LUCK !! BEST REGARDS, DUDE.
Click to expand...

Thanks a bunch DUDE,

First of all, the information and reasoning u've provided is extremely helpful. As right now, many lawyers can't be trusted, your info was very important in making right decision. I think this forum has been really precious help to me since I joined..I did learn a lot of things..
I was wondering whether you followed the same directions/steps to file Pro Se in your situation as mentioned somewhere in this forum? Coz I am thinkin about calling the court and asking for Pro Se package..that;s the way to start right? On the side, my dad is contactin different lawyers to see what they havta say..they charge a hell lot of money..

thanks a lot once again..it's been great getting info/ advices from ppl sailing in the same boat..

good luck for ur case ..
 
baikal3 said:
As others have noted, you need to go to the lawsuits subforum in this forum:

http://www.immigrationportal.com/showthread.php?t=194681

There are many people there dealing with the lawsuit related problems and they will be able to help you better.

One general remark: although you live in the Knoxville, TN area, you may hire a lawer from any place in the country. If you do some google searching and talk to the people in the lawsuits subforum, you should be able to come up with some names of good lawers who have experience in dealin with this particular problem.

One other thought. Since you already tried the senators from your state and they did not help, you may also write to the USCIS Ombudsman:

http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Good luck!
Click to expand...

hey there...thanks for info.
i did contact Ombudsman office..they carried out search with USCIS..within 2-3 mnths, got letter for USCIS saying that they are still doing background search, etc..crap and if not notified within 6 months, we can contact them again.so it didnt help much..

like i said earlier..i m doing google seach for lawyers as well as thinkin about getting Pro Se package..

thanks,
:)
 
No, I think he takes clients regardless of their religion, I asked this because lately have seen posting on this web site that claims name check is taking longer for Muslims/people from middle eastern background and attorney Siskind is in Tennessee. Go to his web site and read it. Highly recommended immigration attorney in the US.
 
dadababu2000 said:
No, I think he takes clients regardless of their religion, I asked this because lately have seen posting on this web site that claims name check is taking longer for Muslims/people from middle eastern background and attorney Siskind is in Tennessee. Go to his web site and read it. Highly recommended immigration attorney in the US.
Click to expand...

hey..yaa that's right..but I dont know wot's the matter with that. I still have a better situation than my sister. Though we both applied in 2003 end, I got my re-scheduled interview last May (2006)..so it's still not that bad..but my sister passed her interview in Oct. 2004 and they are still doing background check...what makes it worse is that she got married in 2004 hoping that soon after marriage, she will be a citizen (since my parents became citizens around same time)..and now that she is stuck in name check..she had to make 4-6 trips for USA-india in past 2 yrs..it's been trully hell for her...It just doesnt make any sense - why it takes forever..

anyways..back to the point. So I have contacted lawyer Siskind via email. I'm waiting to hear back from him. However, when my dad contacted this other lawyer Bryant Stevenson who is in the same law firm in late December, he refused to take our case sayin that there are no chances of getting your background check expedited since therre are too many law suits already filed against USCIS.

It was really disappointing. We'll just havta see wot Siskind has to say.

Thanks!
 
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Can=t check status on USCIS

Is there anyone here who isnnt able to check his-her status on USCIS website..I havent ever been able to check it online or got it in the automatic voice thingy over the phone..it sucks!!
 
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