Passed Interview, no oath letter yet ......

Comments:

For all new applicant, Check your info and the accuracy in N400 before you submit. because if you do not pay attention than you end up waiting long time...

Delay of the case can me caused by:
1. Name change
2. Mistake in the application
3. change the date of ID and OD
4. major criminal or civil issues before and after the interview

Note:
1. Traffic violation(not accessive) and insurance laps before turning tags (fine, not knownly of course) won't be an issue.
2. Rule 1: Don't lie in the interview or in your n-445 (it is serious)

someone wrote:

"I'm still waiting (oath letter) i don't know if something is wrong with my case. I feel like hopeless 120 days frame is coming what do you think I should do after that bro ?"

I wrote:

"It seems that changing your marriage date in n400 take time which delayed your name to be placed in the queue."


Take action:

1. File an inquiry with USCIS
2. contact your congressman and request to file an inquiry on your behalf (after 120 days)
3. you are intatle to Expeditious Naturalization since you have your wife I-130 in process:
http://www.state.gov/m/dghr/flo/c21634.htm

3. file lawsuit against uscis (wait at least a month after 120 days:
http://boards.immigration.com/showthread.php?t=194681
http://www.fitzgeraldlawcompany.com/law_suite.html
http://www.immigrationlinks.com/news...20Mandamus.pdf
 
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aero_ir said:
Finally, I have written a letter using Rick92's template above. Let's send it and wait for a reply..

How about you? how many days since your interview? Hopefully, you will get your OL soon

Aero_ir
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Let me know when you get a response. Good luck.
 
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Vorpal is right. I called the USCIS national service number today and was told that the officer who interviewed me didn't have the authority to make a decision on my case and that my application is under supervisory review. I asked him whether this is normal, and he said yes. Given the smooth interview and the pro forma manner in which the officer went over the application with no indications of concern about any particular area, I would assume that my case is just receiving secondary review as per standard procedure in some DOs. I guess it has nothing to do with the name change. Any thoughts from members of this board, especially our senior members?
 
The excuse that was given by the IO is something that i never seen here by other citizen candidates "we have another file for you that we are waiting from the center'.. that's it.. still no news..
 
FlyingTurk said:
The excuse that was given by the IO is something that i never seen here by other citizen candidates "we have another file for you that we are waiting from the center'.. that's it.. still no news..
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That means that you have another A-file on record. Although not a commonplace occurrence, I've seen numerous reports of it on this forum. From what I've read here, it can take anywhere between a couple of weeks to a few months for the second A-file to be transferred and consolidated with your existing A-file. On the brighter side of things, you've already been interviewed, which makes you eligible for legal recourse under 1447(b) if your oath letter doesn't arrive within 120 days of the interview.
 
Classic example of USCIS's negligent

FlyingTurk said:
The excuse that was given by the IO is something that i never seen here by other citizen candidates "we have another file for you that we are waiting from the center'.. that's it.. still no news..
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Hi
You are entitle to a court hearing. Contact USCIS and see where you can file a complaint and expresses you disappointment of the whole process. This is absolutely unacceptable.
Normaly, if the interview went smoodly without any sort of complication, then

a. you will be either given your n445 after the interview and oath ceremony will be available for you in the same day
b. or you should receive it by mail before 90 days at the most. If the 90 days passed and you didnot received formal update then you must follow up by requesting an inquiry for uscis and as many infopasses you are able to send.

since you n400 process is taking long time, you need to take action.
good luck
pet




pet
 
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Still waiting for my oath letter

Please see my signature for my time line. The interview officer told me I should expect my oath letter in 3-4 weeks, but now it has been 7 weeks and I haven't received it.

I called the 800 number and managed to talk with an IIO, and she suggested me to wait until 120 days after the interview.

Any ideas?
 
Do you have the name of IO at interview? It should be on the interview results letter you received. You can always schedule an Infopass at your DO to see what he delay is.
 
Hi All,
It is just my luck or what I don't know, but since my interview on Nov 4th I heard nothing from USCIS. I called them couple of times and was only able to talk to reps. I was in no hurry. I called today and by mistake gave them my wrong Pirotry number. Not being able to find my case I was transferred to IO. After taking all my info he told me that my # was wrong. He said that Letter dates 12/15/08 is dispatched to me for my oath at on 12/22/08 at 8 a.m. I was surprised and happy. He said if I don't recd my letter by Friday then call back and they can give me all details like places etc.

I have 2 questions.
1. Is it normal that they issue letter so close to oath date?
2. If I don't get my letter by Thursday, then should I schedule info pass and go or call USCIS as my mail comes around 4p.m? I don't want to miss my oath date. Pals suggest.
This same thing happened with me for my IL letter, I guess the phone thing really works for me
:)
My timeline is as under:

PD 8/15/08
FP notice: 8/27/08
FP Dated: 9/19/08 (Philly)
FP done (early walk in): 9/13/2008
IL: Never recd mail but got copy from Local USCIS office on 10/27/08
IL Date: 11/4/2008 (Mt. Laurel, NJ)
Interview Done: 11/4/08 and waiting for decision (may take more that 1 month)
Oath date: Called USCIS on 12/16/08 and was informed my oath dated is 12/22/08
 
Vorpal said:
Sounds like you had a junior IO who had no authority to approve applications. Unless you are interviewed by a senior IO, your application would have to undergo an additional review. Only then would it be granted. Oaths, judicial or administrative, have nothing to do with not being able to make a decision. Your IO was clueless, that's all.
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My opinion he has all the clues. The statute mandate that an oath must be administered within 45 days of the initial approval. since apparently you have to go to a judicial ceremony, i assume there is a name change? by not approving you, he doesn't have to schedule you in 45 days. My guess.
 
Bobsmyth said:
Actually 8 USC 1447(b) states that a decision must be made within 120 days after initial interview. Where did you get the 45 days from?
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you have confused judicial review provision with the oath time limitation. 45 days judicial ceremony is in:

INA §§ 310(a), (b), and (d); see also Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978 (Nov. 29, 1990).
 
InTheShed said:
by not approving you, he doesn't have to schedule you in 45 days. My guess.
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I highly doubt that they have anything to gain by purposely postponing oath scheduling. In fact, the IOs don't schedule oaths. Each DO has a department purpose is to schedule oaths.
 
Thank you Bobsmyth. Yes, I know the name of the officer, but I am kind of busy and have no time for an infopass this year. Besides, there is no infopass can be scheduled for 2008 at Detroit DO.

Guess I have to wait, and kept on calling the 800 number. Hopefully I will be lucky like Tarabab.
 
InTheShed said:
you have confused judicial review provision with the oath time limitation. 45 days judicial ceremony is in:

INA §§ 310(a), (b), and (d); see also Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978 (Nov. 29, 1990).
Click to expand...

INA 310(a) has to do with authority of attorney general to naturalize citizens.
INA 310(d) has to do with sole procedure.

The reference to 45 days in INA 310 has to do with the time limit of exclusive authority an eligible court (ie judicial) can administer the oath of allegiance. After 45 days (from the time the attorney general certifies that an applicant is eligible for naturalization) the eligible court looses this exclusive authority. There is nothing in the language of INA 310 that mandates that the judicial oath must be administered within 45 days from the time the attorney general certifies that an applicant is eligible for naturalization: it only states that the court looses its exclusive authority to do so after the 45 day limit.

ref: INA 310(b)(3)(A)(i) and INA 310(b)(3)(A)(ii)

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
 
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I just had one question. I had a 2nd interview on 12/12 but again no decision was taken. Does the 120 day period reset after 2nd interview or do they count 120 days from the 1st interview?
 
From my understanding it starts from the first interview so technically you could have filed suit 120 days after the first interview.
Did they provide you an interview results letter after first interview?
 
Actually I was again handed over the same N-652 with same options checked i.e. A decision cannot yet be made about your application and USCIS will send you a written decision about your application.
When I went to NYC DO office on Friday it appeared it was a holiday and there were only a handful of interviews being conducted that day and all appeared to be 2nd interviews. After waiting for an hour (although there was only one person waiting besides me) I was told that the IO who was handling my case did not come to the office. The case was assigned to a new IO. My luck, the new IO was not only rude but really agressive but cooled down by the end of the interview. He started from scratch although the whole case was built up by the previous IO who has been communicating with me and requested tons of documents twice. The new IO did not even ask for those documents until I pointed it out.
At the end he handed me over the same paper and told me that I should receive the decision within 30 days but he legally has 120 days to make a decision.
 
So this was a follow up interview for additional proof of continuous residence. Sounds like now that you have provided the evidence it needs to go to supervisor for final approval. I would still say the 120 day clock starts from initial interview in your case since they initially handed you interview results letter and decided to give you benefit of doubt to prove continual residence instead of a flat out denial.
 
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