Update on my case, please help, can't take it to district court

[Steve_Houston]

Hi All;

Here is an update on my case; I have been waiting on the name check since my interview back in Feb 2005. Today I went to a lawyer to file a petition in the district court. Well the lawyer advised me NOT to do so!!!!!

The reason is when she reviewed my application she noticed my priority day is 92 days before the three years are up, not 90 days as required by law. She said although the interviewing officer did not make an issue out of it at the time of interview and they allowed you to continue the examination, at the end of the day a decision is not made yet on your application. If I bring my case to court, then CIS will look at the smallest detail and they can simply deny your applications based on the 90 days rule. Now here is the option she put in front of me:

Option 1: (recommended by the lawyer); send a new N-400 application today while the old N-400 application is pending. She said, even if your name check is completed on the old one, a new officer may look at your file and decide to deny your application based on the 90 days thing. So it is better to start the process now, not later. Another reason is that some times, the second name check may go faster than the first one!!!!!!!!!!!!

Option 2: Keep waiting, which according to her, could be well over a year from the time of interview.


Guys, any advice or help on this case is highly appreciated!!!!!

Thanks
Steve

 

[ocworker]

Oh man.. is your case based on 3 yrs married with USC?

if your case is really 2 days short than the required number of days by law, they might really pick on your case in the court and they would well deny you

 

[manojimm]

Question

Steve,

When was your resident since date and when did you file?. How did she come up with 92 days?. Is it because some months have 31 days that you got this number?.

Regards

Manoj

 

[Steve_Houston]

Yes, because two months had 31 days. I was very smart not notice that when I applied. Actually in the interview, the officer made an issue out of it. She went to a supervisor and he came to the room and said you were very close to be denied but we will not make an issue out of it and they allowed me to continue the interview. Now I am stuck in the name check issue.

 

[VJB]

I think which way is better depends on why your name check is pending. If it is pending purely due to administrative issue, such as FP was not clear enough or name check submission was rejected and CIS never bother to have you retake FP or resubmit name check request, reapplying may get around the administrative problems. However, if your name check had a "hit" and needs human intervetion, I do not think reapplying would make a difference. Do you know exactly where you got stuck?

 

[Steve_Houston]

It is the name check that is still pending with the FBI

 

[ocworker]

I do not think reapplying would make a difference. Do you know exactly where you got stuck?

it is true. however, if Steve takes USCIS to the court, his case will most likely to be denied because of 92 days vs 90 days. Sound like during his interview, USCIS was doing a favor not to deny his case at that moment. He could be denied right the way, and it would be regardless of what name check result would be. *sound like* USCIS was waiting to see if the name check was cleared or not. if it was cleared, they might recomment him for natrualization.

Steve, it is catch 22 situation.

1. If you bring the to the court, they would pick on you and deny your case.
2. If you wait, you do not know how long it will take.
3. Even if you decide to wait, it is no promise of they would not deny your case at the final decision.

would it be better to reapply the case assumpting your current case would be denied for sure?

the #3 is the very worst case, because you waited, you wasted your time, then your case got denied. you could have reapplied it and let the process roll.

 

[Publicus]

It is the name check that is still pending with the FBI

Steve, why don't you get your congressman nvolved with the name check issue since it is an FBI problem. Also write to Hardy and others. Use Rahul Kumar's memo.