National Security Clearance for citizenship

Oh so it's a lot of work? I thought it was just a bunch of forms. What was the complaint? Just that they were taking longer than they could, right? And, I guess this means I'd have to file the papers in person?
 
Thanks for that. Those instructions are from 2005. Any changes? They look quite daunting, too, so I hope I don't have to do it. It also mentions that if I decide to move, I can have the case transferred. Can I do that now? Should I? I'm not certain this move is permanent, so I'm wary of changing my address to another state (from NY). What happens if you transfer your case while it is pending approval? Do they transfer it and another IO in another state has to make the decision? With a new interview?
 
Thanks for that. Those instructions are from 2005. Any changes? They look quite daunting, too, so I hope I don't have to do it. It also mentions that if I decide to move, I can have the case transferred. Can I do that now? Should I? I'm not certain this move is permanent, so I'm wary of changing my address to another state (from NY). What happens if you transfer your case while it is pending approval? Do they transfer it and another IO in another state has to make the decision? With a new interview?
The instructions are still valid today. Read the most recent posts on that thread to get a sense of what is involved. Several forum members have successfully files suit themselves.
 
I should have read your timeline more carefully. In the past, name check was always completed ahead of the interview. I am not sure if this has changed or you are stuck in some other background check. I have seen a few people stuck in some sort of background check post interview.
 
So now that my application is pending approval/denial, what happens if I move to another state? Will the current adjudicator continue with it or will it be transferred? If I end up having to sue, can it be done in my new district? And, will the 120 day limit be affected?
 
Today it has been 90 days of no decision and I called CIS to file a service request, and I mentioned to the IO that I don't want to have to sue in 120 days, and he said threatening to sue will be like pouring vinegar into a wound. That sounded quite vindictive, if you ask me. I guess CIS will try to discourage lawsuits. He said using honey (service request) would be better, haha. Punk. He actually didn't want to put a service request through, but I mentioned that the interviewer sort of asked for additional documents, but it doesn't say so in my file (because she was a sour woman who didn't even tell me what she wanted. She just wanted me out so she could get to the others), so he said he'd send a request about that.

Also, he said the time limits they told me really don't apply, especially if the background check is in question. So, I asked how, after 120 days, I would know that the lack of a decision is because of the background check or just laziness, and he said you just have to wait for CIS to contact you. Whatever. I hope the service request moves things along. How long does it take to hear something about it?

Also, does anyone know about my previous question regarding an address change at this point?
 
Today it has been 90 days of no decision and I called CIS to file a service request, and I mentioned to the IO that I don't want to have to sue in 120 days, and he said threatening to sue will be like pouring vinegar into a wound. That sounded quite vindictive, if you ask me. I guess CIS will try to discourage lawsuits. He said using honey (service request) would be better, haha. Punk. He actually didn't want to put a service request through, but I mentioned that the interviewer sort of asked for additional documents, but it doesn't say so in my file (because she was a sour woman who didn't even tell me what she wanted. She just wanted me out so she could get to the others), so he said he'd send a request about that.

Also, he said the time limits they told me really don't apply, especially if the background check is in question. So, I asked how, after 120 days, I would know that the lack of a decision is because of the background check or just laziness, and he said you just have to wait for CIS to contact you. Whatever. I hope the service request moves things along. How long does it take to hear something about it?

Also, does anyone know about my previous question regarding an address change at this point?

Cafe,

Just leave your stuff in NY City, it is best course of action for you. You can hold your mail for an extended period of time, which means when USCIS finally make a decision, they will inform you via mail. I am concerned with changing mail address with USCIS, bad things happen and not sure if it will impact your oath ceremony as far meeting residency requirement in CA. As for filing the lawsuit, it is a simple thing, you just need to write the complaint and I believe the link that BobS provided will have a sample of the actual complaint with it, download it and just change the name and put in your name, the district court clerk should be able to help you a little bit on filing pro se.
 
Today it has been 90 days of no decision and I called CIS to file a service request, and I mentioned to the IO that I don't want to have to sue in 120 days, and he said threatening to sue will be like pouring vinegar into a wound. That sounded quite vindictive, if you ask me. I guess CIS will try to discourage lawsuits. He said using honey (service request) would be better, haha. Punk. He actually didn't want to put a service request through, but I mentioned that the interviewer sort of asked for additional documents, but it doesn't say so in my file (because she was a sour woman who didn't even tell me what she wanted. She just wanted me out so she could get to the others), so he said he'd send a request about that.

Also, he said the time limits they told me really don't apply, especially if the background check is in question. So, I asked how, after 120 days, I would know that the lack of a decision is because of the background check or just laziness, and he said you just have to wait for CIS to contact you. Whatever. I hope the service request moves things along. How long does it take to hear something about it?

Also, does anyone know about my previous question regarding an address change at this point?
The IO you spoke is full of it. A lawsuit won't cause retribution. Also, the 120 day time does apply, regardless of if the name check is complete or not.

As for address change, if you file an address change now you'll be looking at longer delay.
 
So, though I'm hanging out in CA until I get work/citizenship, I should go ahead and do the 1447b through the courts in NY? Ok, I guess I will. Hopefully it can all be done by post. I'll have to start the process now, just in case. What a pain.

I'm also going to write a letter this week to the officer who interviewed me. I want to ask her what the progress is, that I haven't heard from her and to make sure she got the additional documents. I will also mention that I hope she can make a decision by the first week of December, which will be 120 days past the interview date. Would it be unwise if I also mention that I intend to sue if no decision is made? I want her to wake the hell up and do her damn job.
 
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Would it be unwise if I also mention that I intend to sue if no decision is made? I want her to wake the hell up and do her damn job.

No need to write the individual IO and mention lawsuit. The threat of a lawsuit won't wake her up. On the contrary, it may just cause her to put off the decision on your case longer.
You can write her and politely ask if all documents were received and if anything else appears ok.
 
So, though I'm hanging out in CA until I get work/citizenship, I should go ahead and do the 1447b through the courts in NY?

Where do you actually live, NY or CA? Don't lie to the court about your true residence. File the 1447(b) with a Federal court that has jurisdiction over the state where you actually live, otherwise they'll throw it out for wrong jurisdiction.

If youre worried about the 3 month district residence rule, then wait until you've completed 3 months in the new location before filing the 1447(b).
 
I am a NY resident, but I'm in CA right now (most probably temporarily) helping my mom out with some stuff because I'm recently unemployed. I intend to go back to NY as soon as I get a job there. But if I happen to get a job here in SF, I'd stay here. For now, though, I am still a NY resident. Just no job. I just don't want to have to go to NY just for a day or two to go into court if I don't have to. I was hoping to hear of an oath ceremony and then go.

I guess my biggest question is if I change my address, what happens to the 120 day timeframe from my interview date? Does that reset while I wait for the 3 months residency requirement, and is the original IO still in-charge of my application. I just don't know what all changes.
 
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I got this reply to my service request. It looks like I will have to sue after all. Rats.

"The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below."

I guess I will write a letter to a boatload of people, including the IO. I really want to mention a lawsuit, but Bobsmyth has advised against this, at least for the IO. How about when I write to the head of the Garden City Office, the legal department of the office, etc.?
 
I guess I will write a letter to a boatload of people, including the IO. I really want to mention a lawsuit, but Bobsmyth has advised against this, at least for the IO. How about when I write to the head of the Garden City Office, the legal department of the office, etc.?

Don't waste your time writing letters. Prepare a lawsuit instead, and file it once the 120 day deadline expires. Otherwise, your case will be stuck in this phase indefinitely.
 
I definitely will prepare a lawsuit, but I want to write the letters just to make my lawsuit stronger by showing I tried my best to get things moving. Not a good idea?
 
I definitely will prepare a lawsuit, but I want to write the letters just to make my lawsuit stronger by showing I tried my best to get things moving. Not a good idea?

You will be wasting energy in writing to USCIS office about your case. The 1447b lawsuit doesn't have to show any attempt to resolve the issues beforehand, but that it has been 120 days since your interview and USCIS hasn't rendered a decision. That's the only standard you have to meet, so save your stamps and just sue on the 121 day.
 
The 1447b lawsuit doesn't have to show any attempt to resolve the issues beforehand, but that it has been 120 days since your interview and USCIS hasn't rendered a decision.

There may not be any requirement in 1447(b) , but not showing any attempt to resolve the issue before the 120 day limt by inquiring to USCIS will cause the DA to question the possibility of a miscommunication (ex:lost mail) between applicant and USCIS rather than USCIS not having made a decision yet.
The lawsuit is strengthened by showing that not only inquiries were made, but by showing the answer(s) received by USCIS during those inquiries.
 
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