Pending N400 for over one year or more - intent or suing USCIS

Another thing I can recommend get a PACER login and look up recent cases starting from 01/01/2016 till now for 08:Hearing for Naturalization Application. You will get to see how many others in situation like yours filed for cases and had voluntarily dismissed their cases. Voluntary dismissal would mean they started getting traction on their cases or got naturalized.
 
zee40 said:
Another thing I can recommend get a PACER login and look up recent cases starting from 01/01/2016 till now for 08:Hearing for Naturalization Application. You will get to see how many others in situation like yours filed for cases and had voluntarily dismissed their cases. Voluntary dismissal would mean they started getting traction on their cases or got naturalized.
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Hi Zee,

Thank you for your follow up. Unfortunately, my case was denied based on early filling and Not because of the address change (even though I had an option to appeal) but given the logistics I opted to file a New application.

I do have my SR response, but didn't save the Infopass receipts and that's something I should start doing it. In addition, I'm planning to contact my Senator/Congressman since my FP expire in Oct, 17 as well. Secondly, I believe my case is stuck in NBC but not sure and what is the criteria to determine that?

Lastly, how do you get a PACER login and how does it help with our situation (is it simply for tracking other cases like ours)? Also, what is 08: Hearing for Naturalization Application you are referring to? Sorry, I'm not familiar with those terms/procedures. Any guidance you can provide will be appreciated. Btw, I'm in N.CA (FO)
 
PACER login is to look up cases in your federal district courts. You can google PACER and sign up. You will get familiar with your district court and its ruling regarding similar cases.
08 Petition of naturalization hearing is the category of cases that are filed in. Once you look at the number of cases that are filed in district courts you will be more confident about the process. Every year there are number of cases against USCIS for naturalization delays. A good chunk of these cases are filed by Muslims all over the US because the case might be marked as CARRP or USCIS just delays adjudicating the cases.
By NCA, do you mean northern california?
 
SSKhan said:
Hello All,

I've been following this forum for quiet some time. I'm in a similar boat and would like to explore similar possibilities. Also, some background info on my N400:

- I filed my 1st N400 around Nov 2013 in SEA (Field Office)
- Got my Biometrics appointment and everything was moving as normal
- Finally received my Interview notice. Appeared for an Interview only to find out that it has been "Descheduled". (FYI, SEA conducts Oath ceremony the same day)
- After that, it was simply fell into a black hole. Tried every single option; congressman, senator, ombudsman etc.but to no vail.
- Moved to CA (2015) and after few months out of no where received an Interview letter.
- Passed the interview, test etc.Decision cannot be made.
-Received a letter "Rejection Notice" under section INA 319- Reason: (Filed for N400 2 months earlier) I'm not gonna go into the details on what caused the confusion :)
- The frustrating part is that this should have been identified at the time of filing the application. Not waiting for 2 yrs go thru the interview process only to find out you didn't qualify to begin with.

Fast forward 2016
- I moved to a different Jurisdiction so waited 3 months before applying for New N400 again (03/2016)
- Got my Biometrics done 1+ month later.
- It's been 1+ year and I'm stuck in the same place.
- 2 Info Pass appointments, 1 SR, and reopened case with ombudsman. No success so far.

Any suggestions, if I should explore any options against USCIS? My understanding was; If I appeared for my 1st N400 interview (that means technically) my background was cleared otherwise, they would have NOT schedule my N400 interview. Secondly, shouldn't this have helped speed up things on my New application? Or they are going to start the process all over again?

Sorry about the lengthy post. I will highly appreciate any suggestions/advise

Thanks!
SS
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Hi,

I am in the same boat but my case is I passed the interview and went to oath ceremony cor the citizenship but when I am there the officer gave me the letter about my background check is incomplete ( on March 2016 )until now my case still pending
 
Ouch...
That is horrible experience to have. On your oath day, you are being told bc is not complete.
When did you have your interview?
 
Here is the update on my case:

Out of nowhere I received a notice for Interview (30 days) out.
Appeared for an (N400) interview at the local USCIS FO. Went thru the security and check-in process (interview notice = GC) and was told to wait for my name to be called in. After waiting for 10 mins I was the 1st person they called. However, this was to let me know that my interview is descheduled since my file has not made it to the FO.

I asked her what could be the reason and same lame response i.e. we don't know might be some issues with transition etc. I told her that my case is already out of normal processing time and how long will it take to get rescheduled. Again no Solid answer and that I will receive a letter in the mail. I'm not even sure if the online status reverts back to previous update?

At the end, she basically made a copy of my N400 notice and kept the original. Super frustrating and totally unprofessional. Why can't you give me an advance notice that my interview has been canceled. Instead of telling me the day of my interview after check-in. Could it be that my Background is not clear? IDK. But this whole experience is driving me closer to filling a WOM.

Thanks all
 
I wish u get the great new soon and I am so curious what the reason for my case too on that day (March 2016) I call the uscis when I can't attend the ceremony and they told me my case is on the FBI so they can't tell me how long bc the case not on uscis FYI : I has request to change the first name too so I don't know this is the reason or not bu the wau keep me update and i will keep update too
 
OMG, it took then over 4 months to get to oath ceremony only to tell you that they cannot naturalize you because bc is pending. That is by far the toughest experience to go through after oath ceremony getting cancelled for unknown reason.
 
Sorry to hear about your oath, and it definitely is not a pleasant experience. I believe they have 120 days to make the decision by law? At least that's what I've been told by an immigration officer. So you have every right to sue them.

Regarding my situation, I was getting impatient so I called the 800 number to find out why my interview was descheduled. They couldn't tell me anything and said they don't see any notes in the system. I insisted multiple times if they can tell me about the BG checks and got no answer. I remember in the past where they were able to check in the system if BC is cleared or still pending. Also, I requested to open a service request to which he said I just have to wait to get a notice from my local office, and I If need more information I have to make a info pass appointment (which is not available for next 30 days).
 
Sorry to hear that also my case is already more than a year already so I have to be patient I don't know it bc of I change my name in my country or not and I change name again when interview for citizen
 
After my N400 interview was Descheduled (June 5th, 17), I initiated a service request and received their response. As expected the background check is not cleared and no timeline was given on when it will be resolved. My case is pending for over 15 months now (filed in March 2016).

It's really frustrating and I'm so ready to file the WOM. Does anyone has any expeirence on how to do it? Or know any good lawyers who can help with it? and approx. cost? Any help or suggestions will be highly appreciated.

Thanks everyone in advance!
 
I recently got my interview scheduled for August 1st less than two weeks away. I am not optimistic about this at all. They might keep me in limbo even after the interview. Lets see what happens after the interview
 
After the interview I was told, everything looks ok but decision cannot be made. Supervisor needs to review my background check results.
She said it should take a month.
 
zee40 said:
After the interview I was told, everything looks ok but decision cannot be made. Supervisor needs to review my background check results.
She said it should take a month.
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Thanks for the update. You are 1 step closer now :) Btw, regarding background checks review, I thought they cannot schedule your interview unless your checks are clear? Anyways, good luck and hopefully you will get your oath letter soon
 
Hey SSKhan,
Ids there any new news about your case?? I have very sismilar case as yours.
I filled N400 in Nov 2016 and until today is pending background checks.
Let me know please ..
Thanks
 
moh90 said:
Hey SSKhan,
Ids there any new news about your case?? I have very sismilar case as yours.
I filled N400 in Nov 2016 and until today is pending background checks.
Let me know please ..
Thanks
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Hi Moh90,

Luckily, I did not have to go thru that route. Please see my details below:
  • Priority Date: March, 2016 > Biometrics: Completed, 2016
  • Interview Scheduled: May, 2017 > Interview Descheduled: I showed up for my interview, checked-in, got the assigned number, only to be told that my interview is Descheduled.
  • Interview Scheduled (2nd notice): Jan, 2017 > Interview Completed: Jan, 2017
  • In-line for Oath: Feb, 2017 > Oath Ceremony Scheduled: March, 2017 (Completed)
Few other details:
  • In-addition to multiple calls to 1800, Infopass appointments, contacted Senator, Congressman and Ombudsman office. Nothing helped and ombudsman was the most disappointing.
  • I had also filed FOIA as I was planning to prepare my documents. I guess we all learn from our mistakes and was informed during one the infopass appointment about filing FOIA during pending N400 delays your processing since they will send your file for processing. Your field office does not have your file during this time and cannot schedule your interview until they receive it.
  • Besides, on average N400 is taking longer than 12-months on average based on what I have seen or read. You will see few applicants with faster processing but on the whole due to backlogs, things are getting pushed back.
  • Furthermore, this is my 2nd N400 application. My 1st application was denied because it was filed 28 early (caused by some confusion) and my timeline during 1st application was very similar to this. Biometrics were done right away > Interview schedule after 3 months > Descheduled > Scheduled again > denied due to early filing. Btw, it also took 2 years for the second interview to be scheduled.
Hope sharing my experience will help you or anyone else in similar situation. I encourage you to wait a little longer and hopefully you will hear the good news. I know it’s painful process but stay optimistic ☺ Good luck!
 
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