NYC Office: N-652 Decision Cannot Yet Be Made on Your Application

Geralt

New Member
I had my N-400 interview on November 9, 2010 in New York City Office-passed civic and English test-received N-652 form with marked “decision cannot yet be made". I won my GC in the lottery and applied after 5 years of residence-never been arrested/convicted or anything like it (not even traffic or parking ticket ;)

My interview went smooth. IO asked me for required documents such as selective service registration, all passports etc. In addition I gave him my marriage certificate-my wife has a valid international student status.

At the end IO said that I passed all tests but he cannot make decision by himself and my documents must be reviewed by his supervisor prior final approval. As well he mentioned that USCIS have 120 days to make a decision about application, but it is taking less than 120 days and I would be notified by mail. I didn’t ask him about details why he cannot approve my application.

After three months I called 1-800 number and talked to USCIS Representative. Due to many applicants in NYC he could not help me and advised that I should schedule InfoPass and go to the office to find out about status of my case.

Two weeks ago I went there and didn’t get many answers. As per another IO gentlemen who interviewed me was in the training and she(IO) couldn’t tell why I am waiting so long. She mentioned that I have two cases open for my application-temporary and normal case, and the reason why I have two cases is because probably they didn’t get some documents for example from National Benefit Center. I filled out form with question about my case status and after two weeks I have not received any information. On March 9 I will reach 120 days since my interview and I am wondering what I should do.

Any thoughts about my case?

Thank you,
 
You can contact USCIS Ombudsman and congressperson to inquire about your case. After the 120 day limit you can file a lawsuit if you don't get an answer by then.
 
".....She mentioned that I have two cases open for my application-temporary and normal case....."

Can you elaborate on this?
 
On my Infopass appointment IO said that it might be that during my interview they didn’t have all my documents and that’s why they couldn’t give approval and temporary case was created so I could be interviewed at that time.
I am wondering why I might have two A#. As I mentioned I won GC and nobody filled any petition or anything like it. My first contact with embassy and US was at the point where I showed up for an interview in order to get immigration visa. Since then I have been having only one A# on my GC.

I have a question. Do you thing that I should go to the lawyer and ask for help before 120 days period?
What outcome I should expect from filling the lawsuit after 120 days?
 
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