I was interviewed today . Officer told me I passed the the interview. He told me that decision cannot be made today due to some background check. He told me it may take couple of months. Is this normal. Please send your replies.
My real Interview date is May, 21st. The below date is a typo mistake.
I had my interview back in May of 2006 and passed it. At the end of this 10 min interview I was told by the IO that the decision could not be made because the background check (name check) was still pending. It continued to remain "pending" until April 11, 2008 despite many requests to USCIS, FBI, senators, ect that I made during nearly two years. So I do not want to scare you and maybe the things are improving now but it could take years. By the way I have nothing in my background that could cause a special delay.
good luck!
This was when Interview was done prior to background check. Now background check is done first and then Interview... your case was probably stuck in name check blackhole.
According to the note the officer told him that he "passed the interview... but that decision cannot be made today due to some background check." This most likely means that background check has not been completed in his case. I had my interview in on 5/3/2006 and right after that USCIS started delaying N-400 interviews until background checks were cleared but the question is whether it was and is being done in 100% of cases. According to this post, it seems that there have been some exceptions. It appears that I am not stuck anymore but I am still waiting for my oath letter.
File Civil suit 1447(b) after 120 days of interview if you don't get the OL. Ask teh Judge/Court to Naturalize you as USCIS loses its jurisdiction after that time. Don't worry cuz after initial examination and 120 days, you position is very very strong. But, if you choose to stay idle then the choice is yours....
File Civil suit 1447(b) after 120 days of interview if you don't get the OL. Ask teh Judge/Court to Naturalize you as USCIS loses its jurisdiction after that time. Don't worry cuz after initial examination and 120 days, you position is very very strong. But, if you choose to stay idle then the choice is yours....
You can't ask a judge or court to naturalize you nor does the USCIS loose jurisdiction over your case after 120 days have passed from interview...USCIS still has jurisdiction since they are the ones who must adjudicate your case. The purpose of filing 1447(b) is for the courts to compel USCIS to adjudicate your case if 120 days have passed since the initial interview and no action was taken.
It doesn't say anything about telling a judge to naturalize you. Adjudication means decision..either a denial or approval. If the agency (USCIS) is compelled to adjudicate the case by the courts, then USCIS must act on the court's decision (and thereby still has jurisdiction over case adjudication). If the courts adjudicate the case themselves, then yes they take jurisdiction over the case. From what I've seen, most of the time the courts "remand the application to the agency with instructions".Bobsmith,
Please read it 2 times as maybe my English is NOT as good as yours as also I'm NOT an attorney:
If USCIS fails to render a decision on a naturalization application within 120 days of the applicant’s naturalization examination, the applicant may seek district court adjudication of his or her application. 8 U.S.C. § 1447(b). The court may either determine the application, or remand the application to the agency with instructions. Id. Once a plaintiff has filed a petition under section 1447(b), the district court assumes exclusive jurisdiction over the naturalization application. United States v. Hovsepian, 359 F.3d 1144, 1161 (9th Cir. 2004).
According to the note the officer told him that he "passed the interview... but that decision cannot be made today due to some background check." This most likely means that background check has not been completed in his case. I had my interview in on 5/3/2006 and right after that USCIS started delaying N-400 interviews until background checks were cleared but the question is whether it was and is being done in 100% of cases. According to this post, it seems that there have been some exceptions. It appears that I am not stuck anymore but I am still waiting for my oath letter.