Sent in documents for Request of Evidence, but they have not updated our case...now what?

Gecomatal4

Registered Users (C)
This is the first thread I posted on my husband's N-400 application issues. http://forums.immigration.com/showthread.php?559231-N-400-Application-with-a-criminal-background

We sent in the requested evidence, via Priority delivery, signature required and it was received July 8th. They requested three things:

1) Two passport photos (because even though the interview letter stated these weren't required, apparently they actually are)

2) The complete, court-certified records of a municipal court case....a bar fight from 1997.

3) DH's juvenile records and the complete-court-certified court records of those juvenile records...of which there is only one, a B&E from 1987

We were able to obtain the passport photos and the juvenile records. We never did get the municipal court record because the court is a "court of no record" and it doesn't exist. And no, they wouldn't write a letter stating such. So I sent what they sent me, which was a cover sheet showing the disposition for the case (a $75 fine), along with a letter explaining why we couldn't get the actual document.

I've been waiting for USCIS to update DH's case status from the present "Request for Evidence" but they have yet to do so. We have no idea where his case is at this point, if the documents went to the correct person, or what's going on.

Is there any way for us to find out? Calling the customer service number has traditionally been a waste of time, so I'm doubting we'll get anywhere if we try that. Any suggestions?

I imagine an infopass appointment would likely be a waste of time, too? It's over two hours to the Buffalo field office from where we live...so I'd rather not drive out there just to have them say they can't give us any info.
 
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1) Two passport photos (because even though the interview letter stated these weren't required, apparently they actually are)
Were they sent with the application? The only reason the interview might ask for them is if the photos weren't already sent with the application, or if USCIS lost them.

It normally takes 1-3 months for them to process documents sent in after the interview, so don't expect any action on the case for now. However, they are required by law to make a decision within 120 days after the interview (after adjusting for the time the applicant took to send in the requested documents), so they can't keep it pending forever. If they haven't decided the case within 120 days after July 8, prepare to file 1447(b) with the court to force a decision on the case.
 
Were they sent with the application? The only reason the interview might ask for them is if the photos weren't already sent with the application, or if USCIS lost them.

It normally takes 1-3 months for them to process documents sent in after the interview, so don't expect any action on the case for now. However, they are required by law to make a decision within 120 days after the interview (after adjusting for the time the applicant took to send in the requested documents), so they can't keep it pending forever. If they haven't decided the case within 120 days after July 8, prepare to file 1447(b) with the court to force a decision on the case.

I agree with Jacko. Do not expect very fast action from USCIS. After 30days of receipt of docs, check with helpline. After 60days try Infopass. Same time approach your US Senator/ US Congressman. Remain cool and you will get approval before 120 days.
 
We did not include the passport photos with the application. The interview letter gave a rundown of things to bring and it listed two passport photos. But it said the passport photos were not required, just suggested. Well we had one passport photo, so we brought that. She said it wasn't good enough and wanted two, because apparently even though it's not required, it actually is.

So they technically have 120 days from the date they received the requested documents to make a decision? And if they do not, then we can file a 1447(b)? Now, I very briefly read something regarding filing a lawsuit due to delay of response, and if I understood correctly, it's actually a favorable thing because USCIS cannot decline his application once we file that suit. Is this correct?

Right now, my biggest concern is that the USCIS update page still reflects that they are waiting for documents. I was hoping it would at least update to reflect that he's had the interview and a decision is pending.

Last time he applied, if I remember correctly, his interview was that November, and his denial came in early February.
 
We did not include the passport photos with the application. The interview letter gave a rundown of things to bring and it listed two passport photos. But it said the passport photos were not required, just suggested. Well we had one passport photo, so we brought that. She said it wasn't good enough and wanted two, because apparently even though it's not required, it actually is.

The interview letter said it wasn't required because they assume you already sent the photos with the application, as the N-400 instructions specified.

So they technically have 120 days from the date they received the requested documents to make a decision? And if they do not, then we can file a 1447(b)? Now, I very briefly read something regarding filing a lawsuit due to delay of response, and if I understood correctly, it's actually a favorable thing because USCIS cannot decline his application once we file that suit. Is this correct?

They can still deny the application after you file the 1447(b) lawsuit, but with 1447(b) the case is under supervision of the court so they can't deny it unless the court allows them.

Right now, my biggest concern is that the USCIS update page still reflects that they are waiting for documents. I was hoping it would at least update to reflect that he's had the interview and a decision is pending.
They are inconsistent with updating the online status.
 
Thanks for your help!!! I must have overlooked the passport photo requirement on the N-400 application because I didn't remember seeing it and I didn't remember him having to bring passport photos when he had applied five years ago. I knew he had needed them when he had applied to renew his LPR.

But anyways...so hopefully we'll get some good news in the form of an approval. We've worked really hard at this, and he truly has rehabilitated his moral character. He's quite a different person than he was in his teens and early 20's. Much of that is owing to his relationship with Christ, which he never had before. Jesus can take a broken vessel and make it new, and my husband is a clear example of that power. Too bad USCIS doesn't necessarily care who you are NOW, rather, they only care who you've ever been.
 
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