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Petition For Hearing On Naturalization Application Under 8 U.S.C. §1447(b) WORKS
- Thread starter Wavejazz1
- Start date
Bob, I'm curious, since they are interviewing him again, or at least meeting with him as per their request, does that mean that the 120 day "counter" will be reset and start again thus making it impossible for him to file the lawsuit? Maybe they are just buying themselves another 4 months.
Bob, I'm curious, since they are interviewing him again, or at least meeting with him as per their request, does that mean that the 120 day "counter" will be reset and start again thus making it impossible for him to file the lawsuit? Maybe they are just buying themselves another 4 months.
The 120 day counter starts from original interview when applicant is handed interview results letter, meaning the OP could have filed 1447(b) by now.
Request immediate adjudication of your case at interview. If they try telling you they will send you reply in mail, tell them it's unacceptable since you have waited over 120 days since last interview. If your case is approved, request next available oath day in writing. Request supervisor if needed, and get IOs name as well.Hey Bob,
Like i said before I will be going there with an open mind but if the things dosen't go the way I want and I start to smell some further delay tactics as you put it. Do you have an suggestion quetion/s that i can address to the IO?
Wave
It's sad to say, but your case is just one of thousands that USCIS deals with on a daily basis. Cases that are delayed beyond 120 days after interview are part of a breakdown in process that USCIS hasn't seriously addressed since the majority of applicants affected likely never pursue 1447(b) route.
Al Southner
Registered Users (C)
Wave,
As Bob said, you should take a tough no nonsense approach with USCIS. Are you in the Fairfax DO by any chance? I thought I saw something in your earlier posting about VA. I was involved in a 1447b filing for a friend in 2006, and as soon as we filed the case (filing in DC), within 3 weeks, she got a letter from USCIS indicating that her oath had been schedule for Nov 2006. The US attorney never bothered to respond to the case asking for withdrawal because upon swearing-in, it renders the lawsuit moot. However, I know they got the filing from US District Court. I used to have the petition write-up which I shared on this board with other filers, because USCIS used to be terrible with these cases, but it has improved a whole lot on N400 adjudication. I know of someone who works at DHS who was involved in the revamping USCIS in 2007-2008, plus US Congress had allocated $70 millions to eliminate backlogs, which brought in new staff to smooth the whole operation. With this being said, you are the aggrieved party and you should take a hard line, but respectful approach on August 17th, 2010. It wouldn't surprise me that when you arrive there, you are quickly approved and oath letter given, sworn in a day or two. I like the point you made in your letter, "lawsuits are costly"....
As Bob said, you should take a tough no nonsense approach with USCIS. Are you in the Fairfax DO by any chance? I thought I saw something in your earlier posting about VA. I was involved in a 1447b filing for a friend in 2006, and as soon as we filed the case (filing in DC), within 3 weeks, she got a letter from USCIS indicating that her oath had been schedule for Nov 2006. The US attorney never bothered to respond to the case asking for withdrawal because upon swearing-in, it renders the lawsuit moot. However, I know they got the filing from US District Court. I used to have the petition write-up which I shared on this board with other filers, because USCIS used to be terrible with these cases, but it has improved a whole lot on N400 adjudication. I know of someone who works at DHS who was involved in the revamping USCIS in 2007-2008, plus US Congress had allocated $70 millions to eliminate backlogs, which brought in new staff to smooth the whole operation. With this being said, you are the aggrieved party and you should take a hard line, but respectful approach on August 17th, 2010. It wouldn't surprise me that when you arrive there, you are quickly approved and oath letter given, sworn in a day or two. I like the point you made in your letter, "lawsuits are costly"....
An unusual thing is happening, in the passed I sent may case follow-up letters to the IO that interviewed me as well as for the District Director none of them were answered GUESS what? Yesterday I received a second letter from Field Office Director asking me to appear for an appointment on August, 17 2010. Credits are to [8 U.S.C. §1447(b)] Intention to file letter sent to them.
Wave
I hate to ruing your parade, but I have a feeling that Bobsmyth was right. This seems like a stalling tactic on the part of USCIS.
Jackolantern
Registered Users (C)
August 17 is not that far away, and is even sooner than when Wavejazz1 originally planned to file the 1447(b). So I wouldn't call it a stalling tactic yet, and if Wavejazz1 promptly files 1447(b) if they don't decide the case on the same day as the interview, they can't turn it into a stalling tactic.