I had my interview today. Was perplexed because IO gave me form N-652 and checked off that I had passed the English and civcs test but could not give me a decision yet because my security check was still pending. I had applied in Sept of last yr. The IO was a lady and was courteous. She started off with swearing me in and then tested me on Enlish and civcs and subsequently said I passed it. Then she started reviewing the application with me. Confimed my name, ht, address and phone. The only thing which had changed is that I am now divorced which I was not at the time of appliction which I told her. She asked the copy of decree which I gave it to her. She then went through the yes/no questions and reconfirmed everything on my application and asked me if I understood the oath. I have never been arrested, payed taxes on time etc.. I have a small child but the child lives with me. By the way, I applied for citizenship on the 5yr rule and not being married to a US citizen. The IO made me sign my Photo and sign the N-400 at both the required locations. I noticed on page 8 of N-400 where there are questions about good moral charater where I answered all no, the IO had commented that “ claims none”. I was then told that my interview is done but a decision cannot be made with my case because the IO did not get the status of my security check. She then looked at the oath dates and said that one was in Aug and another in Sept and if I do not hear anything by Sept, I should call. All along I thought that when you get called for interview, your security clerance was done. Anybody in similar situation or any thoughts?
N-400 interview
- Thread starter Naila26
- Start date
That is correct.As on 06 .Ins was not conducting interviews, unless all checks were cleared.Your the second case I have read with similar issue about checks still pending after the interview.I hope INS is not adopting this method.Should be eye opener for all to check with thier DO's when they recieve IL's to make sure all checks have been cleared.
do not worry!
Hi Naila
The best part is that you already completed examination and passed! So per statute, they have only 120 days to make a final decision and swear you in as a USC. Relax and make you monthly visit to the Naturalization Office. Congratulations on passing your test. Good luck!
Hi Naila
The best part is that you already completed examination and passed! So per statute, they have only 120 days to make a final decision and swear you in as a USC. Relax and make you monthly visit to the Naturalization Office. Congratulations on passing your test. Good luck!
JohnnyCash
Volunteer Moderator
It's true that INS issued an interim memo last year which instructs to all INS adjudicators to conduct the interview on N-400 once all the security checks are completed on the applicants. However, officers are not compelled to follow this instruction in all cases or all the times as this memo doesn't say that they MUST follow this instruction. Secondly, it's not a matter of law; rather it's a interim policy made by INS to stop/minimize the lawsuits that people were/have been filing after 120 days later of their interview in the absence of a decision.
Further, interviews are scheduled by clerks, and not by Adjudication officers. So, it might be possible that not all the clerks are aware of this instruction even though they should have. Plus, everyone makes mistake. So obvioulsy, you cannot expect INS clerks to not make any mistake especially when they are well known for notoriously making mistakes at times.
All you could do now is-chill out, relax and enjoy the summer because there is nothing you (or anyone else) could do to clear all these security checks. If you don't hear anything from INS by September then you should give the call to the officer and might think to file a lawsuit if you choose to take the matter more further. Unfortunately, you (anyone else for that matter) don't have any other option when it comes to clearance on security checks.
Good luck....
Further, interviews are scheduled by clerks, and not by Adjudication officers. So, it might be possible that not all the clerks are aware of this instruction even though they should have. Plus, everyone makes mistake. So obvioulsy, you cannot expect INS clerks to not make any mistake especially when they are well known for notoriously making mistakes at times.
All you could do now is-chill out, relax and enjoy the summer because there is nothing you (or anyone else) could do to clear all these security checks. If you don't hear anything from INS by September then you should give the call to the officer and might think to file a lawsuit if you choose to take the matter more further. Unfortunately, you (anyone else for that matter) don't have any other option when it comes to clearance on security checks.
Good luck....
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worried2007
Registered Users (C)
johnny cash i have a question
i went to my interview on june 18 and passed , however the officer indicated on my N652 a decison cannot be made and then she wrote awaiting original file.
by calling my congressman they told his office that my A file isnt yet transfered from Nebraska service center to detroit DO, however he also said my name check has cleared .
how should i proceed from here , im very worried and anxious to get a clear answer , whats ur input?
i went to my interview on june 18 and passed , however the officer indicated on my N652 a decison cannot be made and then she wrote awaiting original file.
by calling my congressman they told his office that my A file isnt yet transfered from Nebraska service center to detroit DO, however he also said my name check has cleared .
how should i proceed from here , im very worried and anxious to get a clear answer , whats ur input?
JohnnyCash
Volunteer Moderator
Immigration officers must need to consolidate all the files on the applicants before making a final decision on N-400. Thereby, the officer couldn't be able to approve your application because the original file hasn't received yet. Why DO hasn't received the file yet then I don't know. But it happens very rarely though; otherwise Service Center right away orders all the files on the applicant to be consolidated upon receiving the N-400 application.
How long it will take them to receive your original file, then nobody can answer on this. It could be possible that they might receive it within 2 days or might never receive it as sometimes files do get lost. I do remember of two cases on here in the past, I think 2 yrs ago or more, wherein DO took more than a year to make a decision on applicant's application because they never received the original file on the applicant as it was lost somewhere in the transit. Officer finally made the decision based upon temporary file. While in other case, it took a few weeks.
I don't understand why you contacted Congressperson for this kind of thing, and more strangely just within a day or so after your interview. There is nothing anyone could do to get/retrieve your main/original file quickly at this point.
Just relax. You will receive the Oath letter soon, one way or another.
worried2007
Registered Users (C)
because i didnt know whats the reson
johnny,
the reason i called my congress person is because the officer never told me why she couldnt make a decision beside awaiting original file, i didnt get what file was lost .
and u said u heard that it takes a year for them to send the file dont they have 120 days limitation after passing the interview.or else u can seek legal action.
johnny,
the reason i called my congress person is because the officer never told me why she couldnt make a decision beside awaiting original file, i didnt get what file was lost .
and u said u heard that it takes a year for them to send the file dont they have 120 days limitation after passing the interview.or else u can seek legal action.
JohnnyCash
Volunteer Moderator
First of all, adjudication officers are NOT required (or obligated) to tell the applicants of WHY they cannot approve the application after the interview; rather they could just tell to the applicants that they will receive the decision in the mail.
Second of all, you do admit in your above statement that officer did tell you about awaiting of original file.
Thirdly, I don't think officer told you about missing or loosing your original file. Rather officer said about awaiting of your original file. So when you say that "i didnt get what file was lost" then I just don't understand why you made such a statement. Besides, if you didn't understand what file officer was talking about then it was your problem than trying to think (if you are) that officer did anything wrong.
Fourth, if you didn't understand what officer was telling you after the interview, then you should have asked the officer than involving the Congressperson right away after the interview without even waiting for a week or so.
Have some patience....You are dealing here with the most burreacratic agency of US Government.
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JohnnyCash
Volunteer Moderator
Yes, the applicant waited for more than a year in a case that I told you about in my earlier posting. He could have filed the lawsuit after 120 days later of his interview, but he did not. Why? Then it was his choice and decision. Some people just don't want to take INS to the court for whatever reason. There are many members on this boards, who are still around, have chosen not to file lawsuit against INS despite of waiting to hear from INS for more than 9 months after their interview. Their cases have nothing to do with awaiting of original file.
As I said, just wait and relax. Pulling the hair at this stage of the game won't get you anywhere especially when it's too early to speculate anything.
worried2007
Registered Users (C)
you are right
you are right about waiting, but just knowing that u r stuck in a limbo is a very frustrating feeling.
you are right about waiting, but just knowing that u r stuck in a limbo is a very frustrating feeling.
JohnnyCash
Volunteer Moderator
I totally understand and acknowlege how frustrating it could be, but your situation is not that bad as others who are stuck in nonsense "name check" because they don't even know when or if ever this name check thingy be cleared without a lawsuit unlike yours situation wherein it's just a matter of few weeks at most....
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worried2007
Registered Users (C)
johnny thank u ur words did put me at ease as u seem very knowledgeble and i hope ur process goes smooth as well
JohnnyCash
Volunteer Moderator
If there is a DO change between states, what about this 120 rules?
JohnnyCash
Volunteer Moderator
I would wait till September, and in the meantime wouldn't mind enjoying the summer...