I recently went through my naturalization proceedings. Interview went fine but they said that I couldn't be naturalized because my "A"-File did not arrive in time. They said I wouldn't have to do the interview again but that I couldn't be naturalized until they got hold of the "A"-File. It's been 1 month but haven't heard anything from them yet. How long does it take before they get back to me? I already sent them a letter inquiring about it. Does this happen often? Any help would be greatly appreciated. Thanks.
Naturalization Delay: A-File
- Thread starter dtothec
- Start date
dtothec said:
A survey done in LA area some years back revealed that about 1.5% of the files do "get lost". From your post, it is possible that your file is not lost, but it is in a different SC or DO. I am guessing you moved your residence a few times, and your file has not followed you to the current location. They have a process to request files be transferred between offices, and that's what they would be doing now. The good news is you have completed the interview. I would suggest you wait for some 3 months before checking status, or contacting your congressman / congresswoman. If for some reason, they do nto find your file for 6 months or more, you might want to speak with an attorney and file the writ of mandamus to get a judgement issued in your case. There are other options, but your best course of action would be to be patient for few months.
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Vote Bush '04
A friend of mine is also delayed because her A-file is missing. They told her that they would naturalize her in four months if they don't find the file. Her lawyer said that case of missing A-file is an easy one to sue in court because it's clearly a fault of USCIS and one can successfully argue that (unlike when the delay is because of pending name check where government can argue really well based on national security).
dtothec said:
As I mentioned in my post, it might serve you well to wait for 3 months. Let me explain why... They may be able to find your file before that and everything ends well without you making noises about it. If they do not get your file from the SC or DO it is currently at, you just have 2 options, and I mention both options in my earlier mail. First option is congressman/woman, second option is the writ. Use those carefully, since those are your only options. You could rush into it, and contact your congressman/woman now, but remember, you lose 50% of your options there. If you watch the Millionaire show on TV, it is like having 2 life lines which need to be used carefully.
Some one in this thread wrongly explained the meaning of A-file. Here is the right explaination.... Look at your GC, it comes with a A# on it. Corresponding to that number, the INS maintains one master file for each person called A# file. What they are missing is your original A# file, and the reasons could be because of loss during intra-SC transfer.
Hope this helps.
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Vote Bush '04
Similar Situation in Boston
N400
Priority Date: June 23, 2003
FP Date: August 9, 2003
Interview: August 4, 2004
My Green Card is very old (circa 1986). I have been always under jurisdiction of Boston DO and Vermont SC. For some reason, my case seem to have dragged lot longer. I know few people from Boston area who applied 3 months after I did, already have completed their oath ceremony.
The immigration offcer who conducted the interview zipped through the process in record time. She asked me those 10 questions in less than 30 seconds! I was out of her office in under 3 minutes.
After the interview, she told that that they are waiting for my Green Card file. She also said that if they don't receive it within 30 days, they will go ahead and start proceeding. Now reading this and other forum, I have probably missunderstood what she said. I don't think they can proceed without the file.
- Vikas
N400
Priority Date: June 23, 2003
FP Date: August 9, 2003
Interview: August 4, 2004
My Green Card is very old (circa 1986). I have been always under jurisdiction of Boston DO and Vermont SC. For some reason, my case seem to have dragged lot longer. I know few people from Boston area who applied 3 months after I did, already have completed their oath ceremony.
The immigration offcer who conducted the interview zipped through the process in record time. She asked me those 10 questions in less than 30 seconds! I was out of her office in under 3 minutes.
After the interview, she told that that they are waiting for my Green Card file. She also said that if they don't receive it within 30 days, they will go ahead and start proceeding. Now reading this and other forum, I have probably missunderstood what she said. I don't think they can proceed without the file.
- Vikas
dtothec said:
I have a friend who has a delay because A-file is missing. She had interview in the beginning of June. USCIS issued two requests to retrieve her file but it couldn't be found. She was told that the maximum they hold her application is 120 days. Now it is over 3 months since her interview and no response yet received.
On a good side, 120 days seems to be the maximum. It is much better than name check delays where you could wait unspecified amount of time. Also, since loss of a file is a clear fault of USCIS one can successfully sue them because of that...
Hope this helps.
Well, I'll tell you my story: I had an interview on July 28, 2004. My priority date was March something 2004. I heard almost exact same thing. But not the same. My case was a bit different because the officer said my case was not approved because FBI did not finish the background check. But, he said, it was very probable that the national service did not forward my file to the district office, which happens quite often. But he said he's not sure.
Anyway, I checked the processing date , and figured out that my priority date was before the processing date (somewhere between October and December 2003, don't remember. but definitely earlier than January 2004) at that time. So, I just PRAYED that the national service did not forward my file to the district office; otherwise, that means that I just joined the FBI-Name-Check-Stuck Club like some unfortunate folks, and it's gonna at least a year or two to get a citizenship.
The thing is, I just gave up the hope that I would be sworn in this year. BUT, on September 1, I got the notice, and took an oath on 23!!!! I just applied for my passport through the expedited service.
Well, so it took, about more than a month to get the notice.
Anyway, I checked the processing date , and figured out that my priority date was before the processing date (somewhere between October and December 2003, don't remember. but definitely earlier than January 2004) at that time. So, I just PRAYED that the national service did not forward my file to the district office; otherwise, that means that I just joined the FBI-Name-Check-Stuck Club like some unfortunate folks, and it's gonna at least a year or two to get a citizenship.
The thing is, I just gave up the hope that I would be sworn in this year. BUT, on September 1, I got the notice, and took an oath on 23!!!! I just applied for my passport through the expedited service.
Well, so it took, about more than a month to get the notice.
Thanks. I scheduled an appointment through Infopass and met with one of the officers. They said my file is still at the National Accounts Center (since my interview in July) and that they would have the file Fedex'd over to the district office in the next few days. It's amazing how I sent two inquiry letters but they have done ABSOLUTELY nothing since the interview to get it from them. The lady I met with was very helpful in trying to help me. More waiting now...
dtothec:
just curious, how long since you became PR. Is that too long(scuh as 10-12 yrs) that you have been PR and than applied for n-400.
the other questions is why dont DO get A file first before scheduling interview ? Is there a central place where everyone's A files are getting stored and get requested by DO, where N-400 goes, to send them.
Thanks
just curious, how long since you became PR. Is that too long(scuh as 10-12 yrs) that you have been PR and than applied for n-400.
the other questions is why dont DO get A file first before scheduling interview ? Is there a central place where everyone's A files are getting stored and get requested by DO, where N-400 goes, to send them.
Thanks