Re-interview question

Z

zam_query

Registered Users (C)
Dear all,

I applied for the US Citizenship in Aug 2008
Finger prints done after few months
Interviewed on Jan 14, 2009, officer handed me a letter that says "I have passed the test but decision has not been made yet". An officer also told me that my name has a positive hit.

Since then my case is still pending, i wrote a letter to congressman, mandamus but no answer.

In november 2011, I received a letter for finger prints again and on Dec 31,2011 i received a letter for re-interview. I am not sure why they want to re-interview?

I was assuming that I should have received the oath letter for citizenship.

I also would like to mention here that it took 2-3 years for me get to gc, either my first name or last name matches with some one and even i came to US on K3 visa it says on visa too "the person is not the same as lookout entry", means my name has a positive hit.

Please let me know if someone has the similar re-interview letter and what exactly happend?

Any suggestion or advise would be higly appreciated.

Thank you
-Zam
 
zam_query said:
Since then my case is still pending, i wrote a letter to congressman, mandamus but no answer.
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Did you file a Writ of Mandamus with the Federal Court system? Or a 1447(b) lawsuit?

In november 2011, I received a letter for finger prints again and on Dec 31,2011 i received a letter for re-interview. I am not sure why they want to re-interview?
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It is common for them to request a second interview for a long-pending case. However, if you filed 1447(b), you don't have to attend the 2nd interview, and the pending 1447(b) will prevent USCIS from denying you for not showing up at the interview.
 
Thanks for your response, yes i wrote to mandamus but they said the same thing that my case is still pending.

What is 1447(b)? Is it the lawsuit? If it's the lawsuit then no i didn't file the this paper.

So what they will ask me on this interview? Should i hire a lawyer?

Thanks in advance.
 
zam_query said:
Thanks for your response, yes i wrote to mandamus but they said the same thing that my case is still pending.

What is 1447(b)? Is it the lawsuit? If it's the lawsuit then no i didn't file the this paper.

So what they will ask me on this interview? Should i hire a lawyer?

Thanks in advance.
Click to expand...


8 USC 1447(b) = INA 336(b) and it is the section under which you file a lawsuit when USCIS fails to make a decision by 120 days after the INITIAL interview. A District Court has the power to make a decision BUT will rarely actually do it. Instead they will ORDER USCIS to hurry up and finish the case.

When a court "orders" the "government" to "do its job" pursuant to a certain statute, THAT is a "writ of mandamus" or WOM. The WOM is a holdover from the common law as it existed in 1789 when the Constitution went into effect. The terminology is confusing to some folks but they really mean the same thing in practice. There is a separate provision on writs in 28 USC 1651 and some lawyers file for Judicial Review of Administrative Agencies under the Administrative Procedures Act (APA) 5 USC 702 etc..

N-400 applicants have their own specific statute.
 
zam_query said:
Thanks for your response, yes i wrote to mandamus but they said the same thing that my case is still pending.

What is 1447(b)? Is it the lawsuit? If it's the lawsuit then no i didn't file the this paper.
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You are confused about what mandamus means. You can't "write to mandamus"; you can file a Writ of Mandamus lawsuit with a court.

Perhaps you meant you wrote to the Ombudsman.

So what they will ask me on this interview? Should i hire a lawyer?
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Do you have a criminal record, or are you aware of some other issue that could cause a problem, like irregularities in your green card process that are significant enough that USCIS might say your green card shouldn't have been approved?

Did the letter state the upcoming interview date?
 
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I dont have ANY criminal record. But there were some issues in past like when i received my K3 visa from back home, my name went for administrative processing and it took 6 months for them to process and even i received the visa, they stamped on the passport with visa " the person is not the same as lookout entry".

Also, when i applied for GC, they stamped condional one on the passport and when i went to renew that stamped, an officer canceled the stamped and revoke my condional GC and said that security clearance is not completed yet and we put this stamp by mistake. I asked the officer then so what is my status in the US, since i don't have work permit and you revoked my GC. He got so confused and he said i can apply for EAD again. Long story short i called my lawyer and they advised me to stay there by the office and in 2 hours my lawyer called me and told me to go back to the office and they re-stamped my passport for one year. As per my lawyer they violated the law by revoking my conditional GC. After few months i finally recieved my 10 yrs GC.

Same thing, when i went for n-400 interview in 2009 everythin went okay but again my name had a hit. So this is my whole immigration story, what do you guys suggest and advise?
 
zam_query said:
what do you guys suggest and advise?
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Are you still in touch with the same lawyer? I would go in to the re-interview with him/her or any other attorney for that matter. It seems like you have a rambling case and you want to make sure your rights are preserved and due process followed.
 
A Positive Spin On YOUR Troubles

Obviously you share certain personally identifying information with a "bad guy" (perhaps a terrorist). This means that the gov't gets an alert or "hit" every time when you deal with them. They don't know if it is YOU or the "bad guy" until they check on it each time.

Would you want that "bad guy" to be able to steal your identity? Your greencard? Your bank account? Your tax refund? Your social security benefits? Your credentials? Your college diploma? Your drivers license?

Obviously not!

While it is a hassle for you, it is also done as much to protect YOU as for any other reason. YOU live in the U.S. and are part of the U.S. Homeland that is being protected.
 
Do you have an actual interview date? Or did the letter merely state that you have another interview, and they will notify you of the date later?
 
BigJoe5 said:
Obviously you share certain personally identifying information with a "bad guy" (perhaps a terrorist). This means that the gov't gets an alert or "hit" every time when you deal with them. They don't know if it is YOU or the "bad guy" until they check on it each time.

Would you want that "bad guy" to be able to steal your identity? Your greencard? Your bank account? Your tax refund? Your social security benefits? Your credentials? Your college diploma? Your drivers license?

Obviously not!

While it is a hassle for you, it is also done as much to protect YOU as for any other reason. YOU live in the U.S. and are part of the U.S. Homeland that is being protected.
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That still doesn't justify them stretching out a citizenship case for 3 years. If the OP is the bad guy, that's 3 years of him being able to roam around without ICE/FBI/etc taking action against him. If he's not the bad guy, that's 3 years wasted for a law-abiding future citizen.
 
zam_query said:
Yes they sent me the actual interview date. Also i didn't file mandamus yet. thanks
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Good. Since you have a specific interview date, go ahead and attend the interview before filing any lawsuits. Have your lawyer accompany you to the interview.

But if they cancel your interview or take too long after the interview (more than a month) to complete your case, prepare to file 1447(b). You wouldn't file Mandamus in your situation, because 1447(b) was specifically created to address long delays after the naturalization interview. People in other long-delayed situations could file Mandamus, like naturalization applicants who waited extremely long without ever getting an interview, or green card applicants.
 
I had a meeting with the lawyer who will be going with me on interview day, as per the lawyer they just want to verify if i travel anywhere after applying n-400, or go over again n-400 application. Lawyer also suggested me to bring all tax returns and utilities bills just in case just to show that i am still married with the same person and nothing changed.

I will keep you posted, interview date is next month. Thanks again.

Please remind or suggest if i am missing anything.
 
Finally it's over now!! I went for the re-interview with the lawyer. My appoitment was at 7:40 and after waiting for two hours they called my name at the window. The officer took the original GC and my passport and asked me to go to the door # 2. He walked us inside and all he said that " i interviewed you last time in 2009" he asked me if i want to change my name thats it !! he gave me the letter and asked me to wait outside. After 3 hours wait they called my name again asked me to sign the owth letter. Then around 12 pm they asked me and other ppl to go to different room for Owth ceremony.

Finally, it's over now after 4 years. Here is a tip, like i mentioned in my previous thread too that i wrote letter to congress man but it didn't work in my case, then finally i wrote a letter to Secretary Napolitano last year with documents. I got a response from them in 10 days. They called for the finger printes again with in a month and then re-interview date.
 
zam_query - Congratulations!! I am really happy for you. Its been long and pardon my cliche, but All's well that ends well! :)

Where was your interview? Newark?
 
zam_query said:
Finally it's over now!! I went for the re-interview with the lawyer. My appoitment was at 7:40 and after waiting for two hours they called my name at the window. The officer took the original GC and my passport and asked me to go to the door # 2. He walked us inside and all he said that " i interviewed you last time in 2009" he asked me if i want to change my name thats it !! he gave me the letter and asked me to wait outside. After 3 hours wait they called my name again asked me to sign the owth letter. Then around 12 pm they asked me and other ppl to go to different room for Owth ceremony.

Finally, it's over now after 4 years. Here is a tip, like i mentioned in my previous thread too that i wrote letter to congress man but it didn't work in my case, then finally i wrote a letter to Secretary Napolitano last year with documents. I got a response from them in 10 days. They called for the finger printes again with in a month and then re-interview date.
Click to expand...

Congrats!
 
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