N400 pending Overseas Investigation-Is it advisable to file lawsuit (1447b)? Seniors please advise!!

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gcdetails

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Today I got a mail from the senator’s office which says the case is pending results of an Overseas Investigation. Once this office receives the results, a final decision will be made. The congressman’s office said that they are doing extensive review on the case. My case is clean and I don’t understand why my wife’s case is stuck as she was my derivative GC and doesn’t even have a single ticket, we are from India and have hindu names.

I’m all set to file lawsuit (1447b) in the next 10 days or so and have consulted 3 attorneys who have filed at least 15 of these and have won all of them. I had few questions before I move further and this forum is the best place for this as everyone is helpful and knowledgeable at the same time.

1. Is it advisable to file lawsuit (1447b) in this scenario? Any idea what do they check with this Overseas Investigation.
2. Anyone has seen denial after filing 1447? What usually are the reasons for denial?
3. Will the denial have any impact on our GC? When can we file again if it gets denied? Will the denial have an impact on GC renewal?
4. If USCIS loses the lawsuit, do we get the filing fee/court fees back from USCIS?
5. Is it a good idea to withdraw the application and file a new one since in some instances lawsuit also takes 4 months and most of my friends have got their Oath in less than 3 months?

Please let me know (private message) if you have any recommendation for a good attorney in MD/DC area? Armin78 and others has been very helpful.
 
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You seem to confusing WOM and 1447(b). They are two very different things. 1447(b) is the applicable one here.

1. Is it advisable to file lawsuit (1447b) in this scenario? Any idea what do they check with this Overseas Investigation.
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Definitely file the 1447(b). This "overseas investigation" looks like some BS reason they are coming up with to delay her case. If you file 1447(b), the case will be under supervision of the court, so they can't keeping BS'ing any more.
2. Anyone has seen denial after filing 1447? What usually are the reasons for denial?
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The case will be under supervision of the court, so if they deny it the denial has to be for a solid reason.

I have never seen a 1447(b) case on this forum result in a denial. Of course, that's partially because people who have a reason to expect denial generally won't file 1447(b).

However, I have seen a court case online where the 1447(b) resulted in denial ... except that the court quickly overturned the denial (without the individual having to appeal), asserting that USCIS does not have the authority to unilaterally deny the case once 1447(b) has been properly filed.

3. Will the denial have any impact on our GC? When can we file again if it gets denied? Will the denial have an impact on GC renewal?
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No impact, unless the denial is for a reason that justifies revoking your GC. If and when you can file again depends on the reason for denial.

5. Is it a good idea to withdraw the application and file a new one since in some instances lawsuit also takes 4 months and most of my friends have got their Oath in less than 3 months?
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Withdrawing and reapplying would be bad idea. 1447(b) lawsuits are usually resolved quickly, like within 1 to 3 months. And reapplying would probably result in a delay again. Worse yet, they might have this delay BEFORE the interview, so she cannot file 1447(b). Suing before the interview would involve WOM, but she has to wait about 18 months to file WOM (18 months is not a hard limit, it's just that I've never seen a successful WOM case that was filed before 18 months of waiting, and if anyone else has seen such a case I'm sure it would still be over a year).

If USCIS loses, you don't get back the money.
 
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Jackolantern, thank you so much for your response. I will file 1447b with an expert lawyer on this on 1st May after giving them a 1 week notice on 23rd and will keep everyone posted. I do agree that this is the option everyone should take because then they will take these delays more seriously.
 
I'm sending the documents to the lawyer for lawsuit (1447b) today as there is no update today also (after 120 days - its not even approved) and its correct that if I wait, it can even take couple of years and that would again involve Fingerprinting etc. Its very frustrating and I don't have patience, I definitely need your wishes and blessings:).
 
gcdetails said:
I'm sending the documents to the lawyer for lawsuit (1447b) today as there is no update today also (after 120 days - its not even approved) and its correct that if I wait, it can even take couple of years and that would again involve Fingerprinting etc. Its very frustrating and I don't have patience, I definitely need your wishes and blessings:).
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Have you spoken to an IO today to verify the status of your case?
 
Yes, I did speak with a 2nd level IO and going for Infopass tomorrow to USCIS office in Baltimore but I know they will say its still pending. I will also request them to speak with the supervisor or District director and will ask the details.
 
Here's the Baltimore DO info in case you didn't have it. Good luck !

BALTIMORE DISTRICT OFFICE (BAL)
District Director: Gregory L. Collett
Baltimore Field Office Director: William Donohue
31 Hopkins Plaza
Baltimore, MD 21201
Phone: (410) 962-2008
Fax: (410) 962-7555
 
gcdetails said:
Yes, I did speak with a 2nd level IO and going for Infopass tomorrow to USCIS office in Baltimore but I know they will say its still pending. I will also request them to speak with the supervisor or District director and will ask the details.
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Good luck. Sometimes when people remind them at the Infopass that it has been 120 days, they wake up and take action and decide the case quickly.
 
I hope that happens.
Bobsmyth, thanks for sending the details. I will write a letter addressing the district director about my intention to file the lawsuit and hand deliver it on the infopass.
 
Bobsmyth said:
Here's the Baltimore DO info in case you didn't have it. Good luck !

BALTIMORE DISTRICT OFFICE (BAL)
District Director: Gregory L. Collett
Baltimore Field Office Director: William Donohue
31 Hopkins Plaza
Baltimore, MD 21201
Phone: (410) 962-2008
Fax: (410) 962-7555
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The Baltimore's director name is Richard Caterisano. those names are out dated.
 
Yeah you're right, it probably is a background check. I filed N-400 in October 2008 and only today (April 2010) did I get a letter for interview for June 2010. They kept my file for background check forever. Saying that I have an interview letter has given me hope, but I have heard of people being told after their interview that they can't make a decision as their backgrond checks are still 'pending'. It may well still be the case with me - though I hope not!
 
I went for the infopass on 23rd and when they saw my letter for my intention for lawsuit, they got upset and they said they don't have a deadline and it might take 6 more months and said that the outcome of filing a lawsuit can be negative as well. I'm little scared with what they said and they also started asking when did you leave your employer etc. I spoke with the supervisor also and they were not ready to disclose whats taking so long but she did say that they have backlog as well. I had labor substitution and left my employer 4 months after getting my GC.

I had my FP on 17-Nov-2009, for how long will this be valid? My wife has almost lost the job with USCIS. Is it still advisable to file lawsuit or I should wait, I just don't know how long I have to wait.
 
gcdetails said:
I went for the infopass on 23rd and when they saw my letter for my intention for lawsuit, they got upset and they said they don't have a deadline and it might take 6 more months and said that the outcome of filing a lawsuit can be negative as well.
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They're trying to scare you with nonsense. The law specifically gives them a 120-day deadline. And even though filing the 1447(b) can theoretically end in a denial, the case is under court supervision once you file 1447(b) so the denial would have to be for a solid reason. This is a straightforward case with no issues, so the court won't allow a denial.

I say give them about 2 weeks to give them a chance to decide the case, and then file the 1447(b) if you haven't received a decision at the end of the 2 weeks. If they ask for another interview, file the 1447(b) without going to the interview. Re-interviewing is just another delay tactic. Once you file 1447(b) you don't have to go to another interview unless the court says so.

I had my FP on 17-Nov-2009, for how long will this be valid? My wife has almost lost the job with USCIS.
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She works for USCIS? Is keeping the job dependent on her getting citizenship by a certain date? If that is true, mention that in the 1447(b) filing so the court can see the urgency of the case.
 
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If you are tired of waiting, go ahead and file 1447b.you shouldn't tell them in infopass that you are going to file a 1447b, off course they get mad and try to scare you. I was in your shoes just couple months ago(my case took one year) . you have only 2 options . 1) wait and wait , 2) file a 1447b. no one else here or anywhere else can give you a better answer or solution. keep your sanity and make a decision and go with it. if your case is clean and you didn't hide any thing from them, you will be fine and you and your wife will get your citizenship. Baltimore office is one the slowest and most strict DO in the country. best of luck
 
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Today, I got a letter from CIS Ombudsman and they have created a workflow number, I'm in touch with the congressman and will wait 10 more days and then will file 1447b.
 
gcdetails said:
Today, I got a letter from CIS Ombudsman and they have created a workflow number, I'm in touch with the congressman and will wait 10 more days and then will file 1447b.
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USPS has mail delivery on Sundays? :)

Don't expect a reply from Ombudsman's office in the next 10 days.
 
I checked my mail on Sunday. Bobsmyth, you are right, I can't wait anymore and have sent the details to the lawyer to file the lawsuit. The lawyer has filed 17 lawsuit (1447b) and has won all of them.
 
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