No oath after 6 months, Passed Interview, Got stuck up in Namecheck

S

SM0406

Registered Users (C)
Hi Friends:

My spouse and I were attended interview 6 month back in Newark and passed the Interview. My spouse got oath letter after a month and became a citizen. But, I am still waiting for my oath letter and the reason they stated is ‘Name Check’ still pending.

Here is the Interview process:

First my wife went to the Interview, passed it and got the same day oath ceremony letter.
Next, I went to the Interview and the IO found that my FBI file has my spouse's DOB. Then, he went to IO who interviewed my wife and found that her FBI file has my DOB. So, he took her oath letter back and told us that they need to fix it and send the oath letter later.

The reason stated from my spouse IO in N-652: "Finger prints rechecked, will notify once in receipt of response"

The reason from my IO for me on N-652: "Name check" to be resubmitted

Though our DOB is interchanged in our FBI files, we got different reasons for not taking decision on that day.

After a month, my spouse got her oath letter and became a citizen.

After 6 months, I am still waiting after making 2 requests from 1800 no's. I got a call today from Newark office and got the update that my 'Name Check' is still pending and I need to make an info pass after 90 days, if I don't hear from them.

Please advise me.
 
You need to file a lawsuit under 1447(b) in order to compel the USCIS to move on your case. You can do it yourself, without an attorney. Check the lawsuit sticky for more information.
 
Vorpal/Bobsmyth,

Thanks for your valuable advice.

I got a call again from the same officer yesterday after 45 minutes from the first call. This time, officer told me that she reviewed my file with other officer and found that Name Check request sent to FBI with my correct date of birth on the day I had my interview which was mid of May'09. They are still waiting for the reply back from FBI. I asked her if I can talk to FBI to find out the status and request to expedite my process as I plan to visit my parents later this year. She told me that she cannot give that number. Then, I asked her at least if she can make a request to FBI for the updates and she told that she cannot do that. And she told me that the only option is that I need to make an info pass appointment after 90 days, if no progress during this time. I also mentioned to her that I read from their web site that within 120 days after the interview, the decision need to taken. But, she told that 'Name Check' is pending and it doesn't come under 120 day’s category.

Do I still need to proceed with ombudsman and 1447(b) or wait for another 90 days?

Thanks.
 
SM0406 said:
Vorpal/Bobsmyth,

Thanks for your valuable advice.

I got a call again from the same officer yesterday after 45 minutes from the first call. This time, officer told me that she reviewed my file with other officer and found that Name Check request sent to FBI with my correct date of birth on the day I had my interview which was mid of May'09. They are still waiting for the reply back from FBI. I asked her if I can talk to FBI to find out the status and request to expedite my process as I plan to visit my parents later this year. She told me that she cannot give that number. Then, I asked her at least if she can make a request to FBI for the updates and she told that she cannot do that. And she told me that the only option is that I need to make an info pass appointment after 90 days, if no progress during this time. I also mentioned to her that I read from their web site that within 120 days after the interview, the decision need to taken. But, she told that 'Name Check' is pending and it doesn't come under 120 day’s category.

Do I still need to proceed with ombudsman and 1447(b) or wait for another 90 days?

Thanks.
Click to expand...

As I see it
a) you have been waiting for 5 months
b) you recent call did NOT progress the case, hence it can hardly be construed as an activity.
c) there is no guarantee that this activity will complete in next 90 days

So basically status quo. I think you should go ahead with the ombudsman thingy. Lawsuit / formal complaint is a different matter.

BTW, what is the complication with visiting your parents?
 
Maybe 1447(b) is only for pending case with FP check, name check, and interview all completed and no more doc needed. If the applicants' name
check is pending, they really can not finish it. They can cancel interview
in the first place
 
SM0406 said:
But, she told that 'Name Check' is pending and it doesn't come under 120 day’s category.
Click to expand...

The fact that you already had interview means that the 120 days window has long passed and that you can file lawsuit. Unfortunately, it might take a judge to tell USCIS to stop dragging it's feet on the issue.
Have you tried contacting Ombudsman's office as suggested?
 
SM0406 said:
Vorpal/Bobsmyth,

Thanks for your valuable advice.

I got a call again from the same officer yesterday after 45 minutes from the first call. This time, officer told me that she reviewed my file with other officer and found that Name Check request sent to FBI with my correct date of birth on the day I had my interview which was mid of May'09. They are still waiting for the reply back from FBI. I asked her if I can talk to FBI to find out the status and request to expedite my process as I plan to visit my parents later this year. She told me that she cannot give that number. Then, I asked her at least if she can make a request to FBI for the updates and she told that she cannot do that. And she told me that the only option is that I need to make an info pass appointment after 90 days, if no progress during this time. I also mentioned to her that I read from their web site that within 120 days after the interview, the decision need to taken. But, she told that 'Name Check' is pending and it doesn't come under 120 day’s category.

Do I still need to proceed with ombudsman and 1447(b) or wait for another 90 days?

Thanks.
Click to expand...



Dude,

Whoever told you that the name check doesn't fall within the 120 day rule clearly misled you on this issue. The administrative law governing USCIS clearly required USCIS to schedule interviews of candidates after background checks to avoid this situation which you found yourself in. The review done about 2 years clearly instructed all officers to ensure that all candidates have cleared background check before hauling them for interview, 1447 (b) lawsuits were cited as a motivation to curb this practice. I used to have a copy of the new memo, but I just couldn't find it to post it. I once help a friend write and prepare such a writ, but case was immediately adjudicated and approved during an info pass, in which he mentioned he intended to file a 1447 b upon leaving DO.

There is a separate legal action known as Section 1447(b) other than mandamus for long delayed applications for citizenship. The law requires that CIS decide applications for citizenship within 120 days of the examination. The “examination” has, generally, been held by courts to be synonymous with the naturalization interview, although some courts have held that “examination” refers to the entire process of deciding a naturalization application, although that is, by far, the minority view. Thus, the immigration statute gives applicants a right to ask a federal court to decide or to order CIS to decide an application 120 days after the CIS interview. Often the filing of a 1447(b) action will result in prompt adjudication of the naturalization application. However, this result is not pre-ordained and, like in mandamus cases, it is essential that the applicant’s eligibility for naturalization be carefully evaluated before filing a 1447(b) action.

Do you know how to file such a case? Simple process and you don't need to be a lawyer to do so, can file for self at your local district court, but this will have to be a federal case filing, not state as you have to be careful about the jurisdiction of such a matter...:cool:
 
WBH said:
Maybe 1447(b) is only for pending case with FP check, name check, and interview all completed and no more doc needed. If the applicants' name
check is pending, they really can not finish it. They can cancel interview
in the first place
Click to expand...

Officer found the problem after the interview was over and in fact, he gave me the oath letter mentioning that though the DOB is interchanged, but still he can keep both FBI (spouse and me) reports in my file. After a while, before ceremony, IO came back and took the oath letter back (same thing happened to my spouse as well) and told that he needs to get Name check report from FBI in my name and my DOB.
 
SM0406 said:
Officer found the problem after the interview was over and in fact, he gave me the oath letter mentioning that though the DOB is interchanged, but still he can keep both FBI (spouse and me) reports in my file. After a while, before ceremony, IO came back and took the oath letter back (same thing happened to my spouse as well) and told that he needs to get Name check report from FBI in my name and my DOB.
Click to expand...

I don't know why USCIS had messed up DOB. The applicant's DOB is on Page 2 of N400 and Spouse's DOB is on page 4.
 
Bobsmyth said:
The fact that you already had interview means that the 120 days window has long passed and that you can file lawsuit. Unfortunately, it might take a judge to tell USCIS to stop dragging it's feet on the issue.
Have you tried contacting Ombudsman's office as suggested?
Click to expand...

Hi All,

Thanks for all your support and information.

Bobsmyth:

No, I have not yet contacted the Ombudsman's office.

Some more info. from the beginning:

1. Late Jan'09: Applied N-400

2. Early Feb '09: Received receipt notice and found that DOB messed up in receipt notice.

3. Called USCIS at 1800's and made request to fix the problem

4. Mid Feb' 09: Received FP notice. During FP in local service center, found the DOB problem and reported them. But, they suggested to fix it during interview

5. Late Feb'09: Received email from USCIS that the reported problem (step 3) is fixed and updated their system with correct info.

6. Interviewed in mid May '09 and the response is 'decision cannot be made' due to the reason stated earlier in this thread

WBH:

I called 1800’s 2 times, one in after 90 days of interview and another in 120 days and got 2 reference ID’s. I got 2 letters from Newark office within 2 days of my calls stating that they are working on the case. During my 2nd call, the agent talk to the supervisor while I was holding the line and told to me that if I don’t get response before my target date 28th Oct. (one month after 2nd call), I need to call them back. I received a call on Oct 26th (closer to my target date) from the Newark office and the conversation stated above.

Al southner:

Thanks for your in-depth information and please share with me if you find the new memo copy.
 
The thing I don't get is that your wife had the exact same issue and they already corrected her. Have you requested to speak with a supervisor at the DO about the issue and how your wife had same issue and is already a citizen?
 
Bobsmyth said:
The thing I don't get is that your wife had the exact same issue and they already corrected her. Have you requested to speak with a supervisor at the DO about the issue and how your wife had same issue and is already a citizen?
Click to expand...

The wife got wrong DOB for FP check and the husband got wrpng DOB for name check.
 
Bobsmyth said:
That's not what I got from OP's post.
Sounds to me they both had the same issue.
Click to expand...

He said the following. So one is about FP and the other is about name check.
We all know FP is faster

The reason stated from my spouse IO in N-652: "Finger prints rechecked, will notify once in receipt of response"

The reason from my IO for me on N-652: "Name check" to be resubmitted
 
WBH said:
He said the following. So one is about FP and the other is about name check.
We all know FP is faster

The reason stated from my spouse IO in N-652: "Finger prints rechecked, will notify once in receipt of response"

The reason from my IO for me on N-652: "Name check" to be resubmitted
Click to expand...

Though the issue is same, my wife IO requested for FP rechecked, but my IO requested for Name check.
 
Considering that the FBI has eliminated the backlog of name checks that were previously pending, a name check resubmittable and result should not take more than 30 days. USCIS dropped the ball and no one wants to take ownership of the issue..typical attitude with large bureaucracies.
 
Bobsmyth said:
Considering that the FBI has eliminated the backlog of name checks that were previously pending, a name check resubmittable and result should not take more than 30 days. USCIS dropped the ball and no one wants to take ownership of the issue..typical attitude with large bureaucracies.
Click to expand...

I think the way USCIS works is anything off the normal line will potentially
delay significantly. That is why trivial things like rescheduling can cause
up to 3 months delay. Perhaps the reason is that USCIS is not good at
processing exceptions. They have an automatic system but that automatic
system do not account for such things like IO find out they again need for FP
or name check.
 
Last edited by a moderator:
I got a call from local office and asked me to come for oath. What a great relief. Everything went fine and I got my citizenship.

Thank you for all the members especially Bobsmyth and WBH for your valuable inputs and continued support.
 
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