Oath Pending After Passing Naturalization Interview; Case pending since June 2005

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pkap2

New Member
Priority date June 29, 2005.
Passed Naturalization interview on May 1, 2006. I was informed after the interview that the oath could not be done as the FBI name check was pending. The file has been submitted to FBI on July 29, 2005.

1) What are my options in terms of expediting the processing? I am looking for RECENT experiences in New Jersey from people who have sued USCIS. Can you please suggest good lawyers for these type of cases?

2) I need to travel out of the country and could be gone for longer than 6 months. Which form should I file to keep my Green Card valid? I-131?

3) Is there a form to fill to keep my Naturaliztion application valid? Not sure if the N-470 helps here...

PLEASE HELP URGENTLY!!
THANKS A MILLION.
 
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Hi,

There are quite a few threads around for name check issues. I don't think it matters much which service center or district office you have, as this is an FBI issue. Take a look around for name check. In the past people used to sue under the 120 days rule (if my memory serves me well on the number of days). However, apparently there are memos indicating that this might not work as well now. Some people have had success contacting their senators. Anyway, I am not an experte. There is a lot of very useful information if you just spend a little while on the forum search or clicking at several of the threads. Definitely there is no magic bullet that can guarantee you a date to plan your trip around :(

No need to file a form to keep your naturalization alive, but you have to be aware of how long you can be out of the country without losing your continuous residence. Check the guide to naturalization, but I am afraid that a trip of more than 6 months would break it and you would lose your naturalization process. I forgot the name of the form you have to file for extended trips, but I think that will only help you for not losing your green card, but I think a long trip can definitely affect you on your naturalization. Cruel as it might sound I think you should try to find some other solution for your parents' health, I am sure they would understand your circumstances if you explain it to them.

My 2 cents.
 
I am pretty sure that the 120 day rule applies here. File a WOM (Writ Of Mandamus) - forcing the USCIS to act/make a decision on your case. As Huracan mentioned, there are tons of threads here and 2 guys in particular, Moody and Publicus successfully filed lawsuits and got their citizenship. Just do a search on name check. Also, take a look at the sticky posts - name check is one of them
 
For the green card...

Take an InfoPass. Bring all your documents. They'll stamp an I-551 (equivalent to a green card) in your passport.
 
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