Name check pending (for N-400)

zam_query

Registered Users (C)
Hello,

I am new here and i would like to discuss my case here.

I applied for my US Citizenship in Aug 2008
Finger prints done i guess after few months
Interviewed on Jan 14, 2009

Since then my case is still pending, I have contacted, called, visited numerous time but always
receive the same response that name check pending. Last time i visited immigration office
and officer said, still pending and when i asked him is there anything you could do to expadite
cause it has been more than 2 years now, he said he can't do anything and neither i, he said
it could take 4 or 5 years.

I also would like to mention here that it took 2-3 years for me get to gc, either my first name
or last name matches with some one and even i came to US on K3 visa it says on visa too "the person
is not the same as lookout entry"

But still, it's more than 2 years now. I even wrote a letter to congress man but Immigration
office didn't get back to them and on my last visit to Immigration office, i was told by the officer
that they did something in July (don't know what does it mean??????) i am assuming its the same time
when i wrote a letter to congressman.

I have also contacted ombustman but received a letter that they are still doing security check.

Any suggestion would be appreciated, thanks in advance.
 
It is more than 120 days after the interview, so you have the right to file a 1447(b) lawsuit to force USCIS to decide your case. 1447(b) will put your case under supervision of the court, so USCIS will not be able to deny you just for retaliation purposes; if they want to deny your case they'll have to convince the court with a valid denial reason.

Don't hesitate any longer. File the 1447(b) or your case will probably collect dust for another 2 years.
 
It is more than 120 days after the interview, so you have the right to file a 1447(b) lawsuit to force USCIS to decide your case. 1447(b) will put your case under supervision of the court, so USCIS will not be able to deny you just for retaliation purposes; if they want to deny your case they'll have to convince the court with a valid denial reason.

Don't hesitate any longer. File the 1447(b) or your case will probably collect dust for another 2 years.

Thanks for your response, one of my friend advised me the same thing but another friend suggested i should wait and don't even think about to file lawsuit against USCIS, they can do whatever they want, since i always have issues with my name so i should wait.

Okay this 1447(b), do i need a lawyer for this ? or i can do it by myself? thanks
 
If you file 1447(b) USCIS can't do whatever they want, because they'll have to answer to the court. And you can ask the court itself to decide your case, which they might do for you because USCIS has delayed it so unreasonably long.

You can file 1447(b) by yourself, but you will have to do a large amount of research first. See the lawsuit thread http://forums.immigration.com/showthread.php?194681, and do more 1447(b) research elsewhere on the web and figure out if you think you can file it by yourself. If you can't afford to have an immigration lawyer handle the whole thing (which would cost a few thousand dollars), you could prepare the lawsuit on your own and then pay a few hundred dollars for one or two consultations with a lawyer to review and correct it before you submit it.
 
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