Decision Cannot Be Made after passing interview

[adnanwhiz 1]

Hi All,

I had my US citizenship interview on August 1st at Norfolk, VA and I passed the civics exam without any problem. My whole application was in order as the IO went over the whole thing with me during the interview. He made me sign my photographs and also the N-400 last page that we are supposed to sign in the IO's presence. But at the end of it all when I thought I would be getting an approval letter, I got something saying "Decision Cannot Be Made at this time about your application". I had a couple of arrests from 1993 and 1995 that had been dismissed and I provided the IO with certified court dispositions showing that. That's the only reason I can see for this.

Can anyone help me out. I am very frustrated as I needed to get this done as fast as possible because I had to travel abroad but seems like everything is going to be on hold now. It could be weeks or even months before I get a letter in the mail and God knows what the letter is going to have on it. So much uncertainty as always with USCIS !!!

Please help me out.

[David-and-Mae 15]

If you think it's the arrests then they need to verify everything first to make sure all is clear. Hang in there, hopefully the wait won't be too long. I had my interview on June 21, was approved and yet still no oath scheduled. I know how hard it is to keep on waiting.

[adnanwhiz 1]

I wonder what they need to verify after I am disclosing everything and giving them certified court dispositions as well. Also, if they have already done a fingerprint check on us what more are they looking for? Either ways, my arrests are way outside the statute of limitations anyways. But, I still believe the arrests along with me being from Pakistan could be the contributing factor to this. But my only issue with them is that they should give you a time frame so you know what's going on. I am so tired of this uncertainty that is associated with USCIS.

[David-and-Mae 15]

Dealing with USCIS ain't easy... we all know that. Right now, all we can do is wait and wait... OR have your senator or congressman get involved by calling their offices and have them check on your case. I have seen a lot of people do that.

[adnanwhiz 1]

I just checked the status of my case on the USCIS webpage and it says your case is under review with a supervisor. Whatever that means !!! Has anyone heard of that before ???

[adnanwhiz 1]

I just checked the status of my case on the USCIS webpage and it says your case is under review with a supervisor. Whatever that means !!! Has anyone heard of that before ???

N-400 Timeline

Sent out N-400 Application - April 1, 2011

Cheque Cashed - April 6, 2011

Notice of Action Received - April 11, 2011

FP Notice Received - April 25, 2011

FP Scheduled - May 18, 2011

Yellow letter received - May 23, 2011

Interview letter received - July 15, 2011

Interview scheduled - August 1, 2011 (Passed)

Currently pending as "decision cannot be made on application at this time".

[NickD 203]

I wonder what they need to verify after I am disclosing everything and giving them certified court dispositions as well. Also, if they have already done a fingerprint check on us what more are they looking for? Either ways, my arrests are way outside the statute of limitations anyways. But, I still believe the arrests along with me being from Pakistan could be the contributing factor to this. But my only issue with them is that they should give you a time frame so you know what's going on. I am so tired of this uncertainty that is associated with USCIS.

Sounds like your IO couldn't make the decision so passed it on to his/her supervisor as you have provided all the required information. My stepdaughter was asked if she got any traffic tickets, she said yes when she was a minor, her IO told her she needed proof she paid those small fines, so also got a decision cannot be made.

A week later she gets a letter stating she is not required to provide proof of paying those fines, even though we got that proof, but then they want her to answer to battery charges when she was 17 months old. That is when I called my senators office, a new one for them as well. But they got that straitened out in a big hurry and called that a miscommunication.

What was alarming about all this, that letter said if they don't hear from her in 30 days and the woman in charge of immigration at my senators office was on vacation. But she handled it as soon as she got back. Also found it strange, had to fax everything to her. Dug out my twenty year old fax machine and was happy it still worked.

We may think that your IO is prejudiced, also thought that, he could speak very poor English and was from China. But I wouldn't dare bring that up. Also had problems with my wifes' IO that also could barely speak English and was from Africa, didn't dare bring that up either. We only had a perfect English speaking IO once, with zero problems. Heck even the former head of the USCIS was from Cuba.

Ha, almost fell off my chair the other day when calling a computer place for tech support. Guy on the other end spoke perfect English, first time that has happened. I am definitely not racist, but just saying, could be a reason for "miscommunication" problems.

[Casprd 167]

Just because the arrests were disposed of by the court doesn't mean that USCIS won't consider them while making their decision on your case. Obviously some things are more serious than others and you have to consider if in your case it warrants talking to an immigration attorney to see what else you can do to help your case.

[adnanwhiz 1]

Just because the arrests were disposed of by the court doesn't mean that USCIS won't consider them while making their decision on your case. Obviously some things are more serious than others and you have to consider if in your case it warrants talking to an immigration attorney to see what else you can do to help your case.

I have talked to an immigration attorney and they told me that since the arrests were for something minor and happened more than 15 years ago they are outside the statute of limitations. In addition to that, they have been dismissed by the courts. There is really nothing that USCIS should have a problem with besides putting me in delaying tactics which is their trademark. All I can really do at this point is either wait it out or do an INFOPASS appointment in a couple of weeks and talk to someone at the Norfolk DO.

[bigdog 377]

Hi All,

I had my US citizenship interview on August 1st at Norfolk, VA and I passed the civics exam without any problem. My whole application was in order as the IO went over the whole thing with me during the interview. He made me sign my photographs and also the N-400 last page that we are supposed to sign in the IO's presence. But at the end of it all when I thought I would be getting an approval letter, I got something saying "Decision Cannot Be Made at this time about your application". I had a couple of arrests from 1993 and 1995 that had been dismissed and I provided the IO with certified court dispositions showing that. That's the only reason I can see for this.

Can anyone help me out. I am very frustrated as I needed to get this done as fast as possible because I had to travel abroad but seems like everything is going to be on hold now. It could be weeks or even months before I get a letter in the mail and God knows what the letter is going to have on it. So much uncertainty as always with USCIS !!!

Please help me out.

They did not say no, just review, if things go bad see an immigration attorney, think positive.

[OHMS 0]

Hi Adnan,

ADNAN YOU NEED TO BE PATIENT,I HAVE BEEN IN THE SAME BOUT FOR ALMOST 56 DAYS!!!!!!

I had my N400 interview on June/13/2011 in NC.I passed the test, but the I.O said he needs to have a supervisior look at it,so I got N652:Decision cannot be made at this time!

It almost 8 weeks now, and the online status is"UNDER SUPERVISIOR REVIEW". I called USCIS,they told me to call them back after once its been 90 days after the interview!, they also told me that USCIS have 120 days after the interview to render a decision.

My N400 is based on a 3 years marriage to a US citizen,I had my driver license suspended in 1989, and in 1994"17 and 22 years ago". All were taken care off,provided court record at the green card interview, and sent the same with my N400 application On Feb/2011.The officer did did not ask for any evidence relating to this or any other like tax, proof of marriage/all were sent at the application.

I have been checking cases similar to mine on the web here is what i got:

1. ANY TIME YOU HAVE AN ARREST OR RECORD, CASE WILL MOST LIKELY BE REVIEWED BY A SUPERVISIOR.

2. USCIS HAVE 120 DAYS TO DECIDE,AFTER THAT YOU USE FORM DHS-7001/OMBUDSMAN CASE PROBLEM SUBMISSION.

3.YOU CAN CONTACT YOUR SENATOR.

4.FILE A WRIT OF MANDAMUS AT THE COURT"DO IT YOURSELF BECAUSE LAWYERS CHARGE BETWEEN $1500-2500.

[mamata 1]

Since the arrests were happened long time ago, probably happened before you guys applied for Green Card.

Did USCIS give you a hard time when you guys applied for your green card?

If not, the arrests seem to be the old information for them. Meaning that tt doesn't make sense to hold up N 400 form.

Just curious.

[Sergi9 110]

Hi All,

I had my US citizenship interview on August 1st at Norfolk, VA and I passed the civics exam without any problem. My whole application was in order as the IO went over the whole thing with me during the interview. He made me sign my photographs and also the N-400 last page that we are supposed to sign in the IO's presence. But at the end of it all when I thought I would be getting an approval letter, I got something saying "Decision Cannot Be Made at this time about your application". I had a couple of arrests from 1993 and 1995 that had been dismissed and I provided the IO with certified court dispositions showing that. That's the only reason I can see for this.

Can anyone help me out. I am very frustrated as I needed to get this done as fast as possible because I had to travel abroad but seems like everything is going to be on hold now. It could be weeks or even months before I get a letter in the mail and God knows what the letter is going to have on it. So much uncertainty as always with USCIS !!!

Please help me out.

There is no statute of limitations on Immigration matters. CIMT and drug offenses are notorious for ending badly in Immigration cases. I have no idea what the charges were and its obviously longer than 5 years which is fine for the moral character issue, but they will try to look at the charging documents if they are available.

There is another issue of an LPR being charged with multiple crimes within the first five years of arrival.. and it might just be inexperience on the adjudicators part here asking for supervisor review, or it may be that local offices policy for any application with criminal history conviction or not to be reviewed at a supervisory level.

Hope it goes quickly

[adnanwhiz 1]

There is no statute of limitations on Immigration matters. CIMT and drug offenses are notorious for ending badly in Immigration cases. I have no idea what the charges were and its obviously longer than 5 years which is fine for the moral character issue, but they will try to look at the charging documents if they are available.

There is another issue of an LPR being charged with multiple crimes within the first five years of arrival.. and it might just be inexperience on the adjudicators part here asking for supervisor review, or it may be that local offices policy for any application with criminal history conviction or not to be reviewed at a supervisory level.

Hope it goes quickly

My two arrests were for minor theft (shoplifting) back in 1993 which I did community service for and fulfilled the deferred adjudication. Case was dismissed by the judge. The second one was a charge for credit card fraud which was a wrong charge and the defendant dropped the charges resulting in immediate dismissal. This one was back in 1995. Both of them were way before I ever became a LPR. I was a student on F1 back then. Since becoming LPR, I haven't had any issues though every time I have entered the US on my LPR which is 3 times now, I have been stopped and asked questions about these arrests. It has become such a nuisance. My lawyer tells me I got nothing to worry about as far as N-400 is concerned but who knows with USCIS? Either ways, this waiting game that has started again is becoming unbearable. I really just wish this whole ordeal ends already.

I hope whoever this supervisor that is reviewing my case comes to a decision fast. Thinking of maybe giving them a call after 2 weeks.

Any thoughts ???

[adnanwhiz 1]

My two arrests were for minor theft (shoplifting) back in 1993 which I did community service for and fulfilled the deferred adjudication. Case was dismissed by the judge. The second one was a charge for credit card fraud which was a wrong charge and the defendant dropped the charges resulting in immediate dismissal. This one was back in 1995. Both of them were way before I ever became a LPR. I was a student on F1 back then. Since becoming LPR, I haven't had any issues though every time I have entered the US on my LPR which is 3 times now, I have been stopped and asked questions about these arrests. It has become such a nuisance. My lawyer tells me I got nothing to worry about as far as N-400 is concerned but who knows with USCIS? Either ways, this waiting game that has started again is becoming unbearable. I really just wish this whole ordeal ends already.

I hope whoever this supervisor that is reviewing my case comes to a decision fast. Thinking of maybe giving them a call after 2 weeks.

Any thoughts ???

Oh! And mamata, they did ask for the court dispositions at Islamabad, Pakistan before approving my permanent residence. And POE which is always JFK for me asks about them as well every time I come back into the US.