Think that your N400 is delayed? here is some possible solutions from my research.

[Worried_joel 6]

Is Your Citizenship/Naturalization Application Delayed??!!.

A delayed Naturalization/Citizenship application is not fun !!.Not long ago I was full of frustration and anxiety, as the USCIS has delayed the adjudication of my naturalization/ Citizenship application. I have finally prevailed in my quest for U.S. citizenship, and today I am a very proud U.S citizen. Here I offer a FREE how-to manual, for all those frustrated by the delay of their citizenship application. I will give you the inside knowledge of how to get the USCIS to adjudicate (resolve) your pending application for citizenship, like they did to mine !!.

My Story:

MY Citizenship/Naturalization Interview was on Dec. 19th,2007. At the end of the Interview, I was congratulated by the Adjudicating Officer and told that I have passed the Citizenship/Naturalization Test ,and that my application has been recommended for approval. I was given Form N-652 (Naturalization Interview Results), and told that I will be called soon for my Naturalization Ceremony.

My friends and family asserted that I will be called to be sworn-in in about three weeks or so. But as weeks passed and that elusive letter did not show up in the mail box, I started to get nervous and jittery. What could be wrong?, could it be that the Notice was lost by the Post Office?. A long 120 days passed and I was not called to be sworn-in. That's when I rolled up my sleeves and went into a fact finding mission. I have researched and scouted many web-sites and blogs dealing with the delay of the naturalization application. I discovered ,much to my dismay, that I was not the only one, and that THOUSANDS fellow applicants were in the same predicament, all awaiting the arrival of that glorious letter, Form N-445, Notice of naturalization Oath Ceremony. I was horrified to discover that THOUSANDS have been waiting for more than TWO years, since they passed that Interview !!!.

My whole psyche went into a crisis solving mode. I said to myself: This is not going to happen to me !!!. It got to be a way out !!!.I could not see myself waiting for TWO or THREE years !!.

Through my research, I came to a solid understanding of how to tackle my situation. I discovered that my situation was not that dire and that, there are many remedies in the Immigration and Nationality Act, which could bring closure to my situation. What got my antenna up was a paragraph at the bottom of the Form N-652, Naturalization Interview Results, I received after passing the Interview/Exam. It reads as follow:

{ "Note:Please be advised that under Section 336 of the Immigration and Nationality Act, you have the right to request a hearing before an Immigration Officer, if your application is denied, or before the U.S. District Court if the USCIS has not made a determination on your application within 120 days of the date of your examination ". !!!}.

A light went on in my head !!!.

The USCIS are in violation of a Federal Law, by failing to adjudicate my application within 120 days and I have the RIGHT to ask for a Hearing on the matter before a District Court !!!.

The sweetest thing is the fact that this piece of information was printed by the USCIS on Form N-652 !!!. They are telling me that I have the RIGHT to take the USCIS to Court !!!.

Upon research, I have accessed more than 25 Lawsuit filed by Immigration Lawyers in various District Courts, throughout this great nation, and downloaded these lawsuits, which are public records.

The great thing about this nation is the fact that NO body is above the Law !!!!. This is a nation that's held by its Laws, and that's what makes it a great nation !!.

Many legal experts recommend giving the USCIS a chance to shore up its act. So, I took their advice and set the following strategy:

a). Remind the USCIS and the various U. S. Federal Agencies entrusted with the enforcement of the Immigration and Nationality Act,

that my rights were violated and that I know I have the right to bypass the USCIS to the U.S. District Court to decide the matter.

Giving the USCIS another chance to adjudicate my pending Naturalization Application made a lot of sense to me, not only as a show of goodwill, but to set the stage for taking the matter to my local District Court, on grounds that I have exhausted all viable means to resolve my situation.

I felt deep within my heart, and still do, that the delay to adjudicate my application is NOT the fault of the USCIS. The employees of the USCIS walk a very tight rope in adjudicating the Naturalization cases, where they could not and should not Naturalize an applicant who is NOT eligible !!. They really have no choice but to wait it out till the FBI conducts its Name Search/Clearance. So giving them another chance was in order and made a lot of sense; not to mention, all legal experts recommended to notify the USCIS of your INTENT to take the matter to the U.S. District Court.

b). Prepare to go to court, if and when they fail to adjudicate my application:

By the end of the grace/ultimatum period of 45 days given in the Inquiry/Ultimatum letter.

As I had my Interview on Dec. 19th,2007, the deadline for a response was April 19th,2008; A 120 days separation period, as mandated by Law. On May 9th,2008, I have started the crusade against the USCIS and the other Federal Agencies entrusted with the enforcement of the Immigration and Nationality Act, by mailing Certified copies of my Inquiry/Ultimatum letter to all SEVEN Federal Agencies. I have given the USCIS a 45 days grace period from the date of the receipt of my Inquiry letter.

I received a letter from my USCIS local Office, indicating that they will make a determination withion 180 days from the date of their letter !!!. I also received another letter from another regulatory Agency within the the USCIS, promising a closure to my case within 45 days from the date of their letter !!.

It is amazing what a threat of a lawsuit will do to an agency that's not known for its speedy responses !!!. The deadline to file a Petition with the local District Court was, on my calendar, July 19th,2008. That deadline has passed and I did not get a response from the USCIS regarding my pending application !!. To me, that was the moment of truth !!. I knew I had to take Goliath ,head-on !!. So on the the beginning of August, 2008, I filed a

"Petition for a Hearing on a Naturalization Application"

with the local U. S. District Court.

To my shock , surprise and disbelief, four days after I have filed my petition, I received a letter from the USCIS, Form N-445, Notice of Naturalization Oath Ceremony !!!!.

On August 15th,2008, I was sworn-in as a U. S. Citizen. That felt very good, I am finally a proud U. S. Citizen !!!.

Lessons Learned:

I think and know that standing up to the USCIS WORKS !!!. Reminding them that you will ask the U. S. District Court to take over jurisdiction over the pending application WORKS !!. I have decided not to surrender to the frustration and the notion that USCIS is Goliath, and that it is NOT a losing proposition to sue the USCIS !!!.

I knew I did not have to share the frustration shouldered by many would be U.S. citizens, who elected to be passive and wait for the USCIS to adjudicate their applications, whenever they feel like it!!!.

I had the absolute conviction that I was doing the RIGHT thing, and that NO one is above the Law, NO one, period !!, including members of the Congress, the President and his Cabinet !!.

This is why the U.S.A is such a great nation and the envy of the world !!!.

The bottom line is : the USCIS was in violation of the Law and I was at the receiving end of it !!!. The Law was on my side, and that is a good side to be on !!!.

This is the reason why I have decided to launch this website to help those in need. Whether you do not speak English well or just do not have the time to sit down and articulate your way to facing the USCIS.I have been there and had my share of frustration and anger, just like you.

Above all, I offer my advice and experience here for FREE !!.

Just click on the above tabs and follow through, trust me, there is no mystery to it !!.

A). First you have give the USCIS an ULTIMATUM, then

B). File a Lawsuit in the Federal District Court.

I know this may sound daunting, but it is NOT rocket science, just follow my instructions and you will be fine. Courts know that you are not a lawyer, and you will get the sympathy of the court, and TRUST me it will NOT get to that, as the USCIS will resolves your case before that court date, TRUST ME !!!.

Good Luck and may God Bless all of us and the United States of America !!.

H. Awad.

Here is the letter to be send to USCIS

Officer (Name of Adjudicating Officer) Date: Today's date

U . S. Citizenship and Immigration Services

(Address of your local Office where you had your interview)

Re Inquiry regarding a Pending Naturalization Application

Receipt #(your receipt number); USCIS A#(your green card number)

============================================

Dear Sir/Madam ( whatever the officer is)

My name is ...................... You have interviewed me for my now pending Naturalization Application, referenced above, on ( date of your interview); a copy of Form N-652 is attached.

A 120 days has elapsed since that interview took place, and I have NOT received a Decision yet !!. Section 336(b),8 U.S.C. § 1447(b), of the INA mandates that a response be due within 120 of the date of the interview. Your Office is in clear violation of the federal mandate !. It is my understanding, that the delay is attributed to the FBI Name Check delays !!. However, the federal mandate still holds true to the fact that, a response is due in a 120 days from the date of the interview; specially in the light of the fact that no requests or claims are made by your esteemed Office, as to any additional information being requested.

Please be informed that I am fully aware that I have the RIGHT to file a Petition for Writ of Mandamus or a Petition for a Hearing on Naturalization Application with the U. S. District Court and seek Judicial relief !. I have decided, however, to give the USCIS and your esteemed Office a chance to resolve this matter within 45 days of the receipt of this letter.

Seeking Judicial Relief will waste the resources of the USCIS, jam the Federal Court System, waste my money on legal fees and cost tax payers the ultimate price of reimbursement of the legal fees, as the USCIS is in clear violation to the Federal mandate !.I would rather used the money that will be devoted to legal fees for a more productive purpose.

This delay has put unnecessary emotional and psychological strain upon me. I can not travel for the fear of missing the sworn-in ceremony, I can not be united with my loved ones over seas and I being unjustly deprived from the joys and benefits of U. S. Citizenship !.

I have satisfied the Federal mandates to become a U. S. Citizen, and it imperative that the USCIS uphold the Federal laws and set a date for my sworn-in date .

I, respectfully, demand from your esteemed Office to render a decision on my pending application and set forth a sworn-in date, ASAP.

Sincerely,

Your name and address

CC

Your State District Director, USCIS

(the same address as the Adjudicating Officer's address

--------------------------------------

USCIS Ombudsman Office

D. H. S.

Attention Case Problems

245 Murray Lane

Washington, DC 20528-1225

-------------------------------------

Office of Chief Counsel, USCIS

D. H. S

20 Massachusetts Ave, N. W., Suite # 4025

Washington, DC 20529

-------------------------------------------

The Office of the Attorney General,(Your State).
get the address from their web site

------------------------------------------------

Eric H. Holder, Jr. , U. S. Attorney General

U. S. Department of Justice

950 Pennsylvania Ave, N. W.

Washington , DC 20530-0001

-------------------------------------

Janet Napolitano, Secretary

Department of Homeland Security

U.S. Department of Homeland Security

Washington, DC 20528

----------------------------------------

Michael Aytes, Acting Deputy Director, USCIS

U. S. Citizenship and Immigration Services

20 Massachusetts Ave, N. W.

Washington, DC 20536

For Full website information: Go to http://naturalizationdelay.com/

This website is helpful to me. Gave me some options to think about if USCIS is not working on my case. Maybe some legal actions against them? It takes awhile (6 months) to sue them. According to my lawyer.

Alright guys.... I thought I should give back what I gained from VISAjourney. I want to help as many people as possible. SHARE SHARE SHARE!

[Hypnos 6,576]

Typos and improper grammar abound in that "letter". I would not use it in a million years.

Some useful information, but too much emotion to be useful for most purposes.

[Worried_joel 6]

Thanks for the highlight. But I think that letter is a sample. We can always edit it or come out with our own version.

[LORIEandPHIL 123]

Within four days of filing your petition you got a date for your oath ceremony. Given how long the US postal service takes, and knowing how slowly courts work I doubt that the court had anything to do with you getting that letter.