N400 post-interview process stalled for no reason

H

Hexamon

Registered Users (C)
First off, let me apologize in advance if this subject has already been covered in another active thread. Please, feel free to point me to such threads. I've seen some related discussions but not quite the same one.

I live in Chicago. I applied for Naturalization in Oct, 2012, biometrics in Dec 2012. I received an interview notice for May 1, 2013. I was interviewed on that date. I was given a notice indicating that I passed the exam but there was something strange the case officer told me during the interview. She said my A case file hadn't been received yet and they'd have to wait for it to make the final determination. I asked her if there was something I needed to do. She replied there was nothing to do, just wait for it. I asked if this was unusual, she said this wasn't frequent but sometimes happens. Then she congratulated me and told me to wait a couple of weeks for the ceremony notice.

It's been 4+ months since then. I submitted two requests meanwhile - one on July 15th and the other on August 20, 2013. I never received any reply to the first one. To the last one I received a letter two weeks later. It stated my case was being reviewed and they could not let me know how long it would take. Looking at the processing time trackers, it looks like most people who filed in the same region around the same time either got their applications approved or had some kinds of feedback on them.

I have two questions:

1. What could be the reason for this cryptic delay?
2. What action should I take to find out more and expedite the process?

Thanks,
 
1. Unless you have a complicated case (long absences, employment history, moral character issues, etc.), I'd say it's incompetence.
2. You can do a few things. The easiest would be to contact your congressperson and senators and have them look into it, explaining to them that it's been more than 120 days since your interview (http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter4.html). You could also write CIS a letter with your intention to sue them based on USC 1447(b) which allows you to sue CIS (and, essentially, the DHS, the DOJ, and you can go up from there all the way to the president) for delaying your case. To make that threat stronger, you can actually write up your complaint and send a copy. Give them a month to respond and move your case forward, and if they don't comply, FILE THE LAWSUIT. They WILL settle and adjudicate after that. But, hopefully the threat will work.
 
Thanks cafeconleche. Sound advice. I was starting to think along the same lines.

Regarding #1 - if there were any of these types of issues (I can't think of anything: I haven't been outside of US for longer than a few days a year, I have no employment or legal problems, no IRS issues, etc)., wouldn't they send in some sort of a request for more documentation? Or denial? I mean, as far as I can understand it, CIS is basically in violation of the 120 day law.
 
Well, with a complicated case (and even sometimes in normal cases), your interviewer might set aside your file for further review and forget about it, or misplace it. They may request a file or other information from another department or agency and that might not arrive, or might arrive and get lost or forgotten. Who knows. When I sued, the US attorney representing CIS told me that my file had been sitting there, essentially. Forget that I'd called umpteen times, and contacted my senators/congressperson, and the DHS ombudsman. So, I sued. What I ought to have done was to write them that letter I suggested you write, threatening action if they didn't get their act together. That could have pushed to do something. BUT, my case was complicated as I'd been out of the country a LOT, so I figured if I threatened them, they could deny my case. So, I just filed, as then, they lost jurisdiction, and I felt I could have a say in how things went.

If you've done things by the book all along, make them pay.
 
Regarding #1 - if there were any of these types of issues (I can't think of anything: I haven't been outside of US for longer than a few days a year, I have no employment or legal problems, no IRS issues, etc)., wouldn't they send in some sort of a request for more documentation? Or denial? I mean, as far as I can understand it, CIS is basically in violation of the 120 day law.
Click to expand...

If you file 1447(b) because of their violation of the 120-day deadline, the case will be under jurisdiction of the court and USCIS won't be able to deny your case or delay it with frivolous requests for information unless the court gives them permission to do so.
 
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Thanks everyone. For now I've decided to consult an immigration attorney who specializes in these types of cases. I'd appreciate if someone could recommend a good lawyer in Chicago.
 
Hexamon said:
Thanks everyone. For now I've decided to consult an immigration attorney who specializes in these types of cases. I'd appreciate if someone could recommend a good lawyer in Chicago.
Click to expand...
It would be better to contact your US senator or Congressman b4 contacting a lawyer. I know both Sen Dick Durbin and Sen Mark Kirk both have good repo with USCIS divisional office and can help you in finding out what is the hold up in your case. If not satisfied you could file 1447B . If you have time,you could do it yourself without help of attorney. Please go through all the posts in this blog.
 
Frankly, if your case is not complicated, you would be wasting money consulting an attorney for this. The wise advice on this thread is just that - wise!

If you are not sure about drafting the letter to USCIS about your intention to sue, you could find several drafts online. The content itself is straightforward.


Hexamon said:
Thanks everyone. For now I've decided to consult an immigration attorney who specializes in these types of cases. I'd appreciate if someone could recommend a good lawyer in Chicago.
Click to expand...
 
UPDATE: For anyone else who might find themselves in a similar situation - inquires, threatening letters and congressional representative's office calls did little. I ended up hiring an attorney and bringing the case to the federal court. Within a few days USCIS approved my case. The oath ceremony is in 10 days from now.
 
Hexamon said:
UPDATE: For anyone else who might find themselves in a similar situation - inquires, threatening letters and congressional representative's office calls did little. I ended up hiring an attorney and bringing the case to the federal court.
Click to expand...

1447(b), I presume?
 
Field N-400 in 07/29/2013 Im ready to file the lawsuit on 120 days rule

Hello Guys
First want to Thank you all for your participation
Im ready to file the lawsuit on 120 days rule
Looking for the Easiest Civil case format to use
Thanks in advance

120 is on March 07 2014
Already Contacted Senator , Congressman and even CIS Ombudsman office ,
Multiple called to Tier 2 officers are ends same way Your case Pending Supervisors Approval
Even do i contacted USCIS on 01/10/2014 with service request
reply was
Your case was recommended for approval and waiting for next availible Oath ceremony
 
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