N400 delayed because of FOIA

[Catherinerose 0]

Hi all I am new here

My problem is: after the interview they sent my request for evidence letter which i sent the evidence they wanted, its been around 90 days since my interview..

The real problem is that my file was pulled out of Atlanta, Ga office and sent back to national data center in Lee's summitt Missouri because I had sent FOIA request for an old form about a month ago. When i contacted the senator about a month ago to see if they can help with n 400 they informed me that the file was pulled out of Atlanta office and being reviewed for my FOIA request. I had no idea that FOIA will stop n400, so i contacted a lawyer immediatley and they made an info pass to atlanta office and requested for my file to be returned immediately to Atlanta office and to be adjudicated. The lawyer said they had no right what so ever to pull the file like that and send it back to national data center.. So FOIA problem hopefully was solved. But lawyer said it may take an additional 60-90 days for them to make a dicision which I am not willing to wait..

I will hit my 120 days in early April and thats when I want to sue them. The lawyer will charge $5000 or more and I cant afford that. I was hoping to find some one here to lead me through the process to file petition of hearing on naturalization under USC 1447 b act and INA 336 b act. I want to file it my self (pro se). I still have no idea why the file was pulled out of their office and they didn't give the lawyer any explanation. The lawyer said they are just being idiots.

They mesed up big time for pulling my file out of the Atlanta office which will cause a huge delay to the process, the FOIA SHOULD NOT have stopped the n 400. Its really not my fault at all that they messed up my file.. I am so ready to sue them now but i dont know if thats possible.. So the best i can do is to wait till after the 120 days.

For my case i still can file the law suit after the 120 days right?

Whom should i sue exactley?

I know those i should sue :

1 secretary of DHS

2 director of USCIS

3 atlanta district director

4 atlanta field office director

Well the 5th one is the problem, is it US Attorney General or is Assistant US Attorney (ausa)? where can i find there information and address?

I would appreciate any help here

[Cathi 5,612]

what are you suing them for? So they are forced to adjudicate your case?

[Catherinerose 0]

Yes to force them to adjudicate the case

[Cathi 5,612]

Yes to force them to adjudicate the case

I learn something new in this forum every day. Although I don;t have an answer to your question, I do wish you the best of luck!!!

[milimelo 4,220]

Doubt writ of mandamus will help at all and here's why: you caused this yourself by doing a FOIA prematurely - i.e. before you were fully done with naturalization.

Where do you think they pull the info you asked for but from your A file? Probably only one big service center does all FOIA requests and for that they needed your file so they pulled it back from the local office.

So for now, hope you put a stop on that FOIA request, and that file will make it back to the local office soon. Then once you're done with naturalization, file for FOIA again.

BTW, you have no timeline, would be nice to fill that out.

[Catherinerose 0]

Doubt writ of mandamus will help at all and here's why: you caused this yourself by doing a FOIA prematurely - i.e. before you were fully done with naturalization.

Where do you think they pull the info you asked for but from your A file? Probably only one big service center does all FOIA requests and for that they needed your file so they pulled it back from the local office.

So for now, hope you put a stop on that FOIA request, and that file will make it back to the local office soon. Then once you're done with naturalization, file for FOIA again.

BTW, you have no timeline, would be nice to fill that out.

What do you mean i have no time line? I did stop the foia request.

Edited February 23, 2013 by Catherinerose

[VanessaTony 3,567]

What do you mean i have no time line? I did stop the foia request.

You have not filled in your VJ timeline here: http://www.visajourney.com/timeline/

[DC85 113]

yes you can, if they didn't finalize your case, either approval or denial, after 120 passed of the interview. you can file a lawsuit against the DHS and uscis and your local office. I think you can do that yourself however you need to prepare your case your self I will pm a good forum which has a templates to file a lawsuit in the federal court. back on the days, that was very common since the FBI background check was taking years, people's immigration cases was taking years to be adjudicated, so people used to take advantage of the law and file a lawsuit against DHS & FBI. most of the time when you send a formal letter to them and informing them that your prepare a lawsuit against them they used to adjudicate the case fast, so they dont go to court.

[DC85 113]

check this thread, it has people who shared their stories and what documents you need to file a lawsuit and all other stuff

http://forums.immigration.com/showthread.php?194681-Anyone-with-a-lawsuit-against-USCIS-or-thinking-about-a-lawsuit-%28Merged%29

[milimelo 4,220]

OP, why create a new user name when you have an existing topic - you could've just added additional info to it: http://www.visajourney.com/forums/topic/408300-please-help/page__st__45

williamzcj as previous user name

[together4evr 360]

If you read on dos website it says if you request a foia then it will stop any process you are going through and it may take 18 months to finish the foia. So, this wait is your own fault. Being an american is a priveledge, not a right. You should stop acting like usa owes you something