N400 pending - decision cannot be made

[afshanali 0]

Hi..

I got arrested by ICE in 2010 for over staying the visa, I was not put into jail and was released within an hour without a bond. Few months later I got married to my husband who is a U.S citizen filed my paper work. My case was dismissed from the court before it was put into removal proceedings.

This all happened before I was granted a conditional green card, then in 2013 my conditions were removed and was granted a green card for 20 yrs.

Based on a 3 year marriage rule I applied for a citizenship in April 2014, had my interview on September 19 2014. I am still married and my husband came to an interview with me, everything went smooth in the interview IO asked me if I was ever arrested? I told her, yes I was but the case was dismissed and I have a copy of final order in file as well as with me if she would like to look at it? She said its ok. At the end she handed me a white paper and B was checked "Decision cannot be made" she said that marriage cases have high burden therefore, she needs to review file most likely she will do it today, and I should be receiving the decision in the mail and I need to bring all the documents to the oath ceremony.

It has been three weeks i have not heard anything, upon inquiring with the local office I was informed that that the case is under active review by an immigration officer. I am just concerned what is taking them so long to review the file and since I have honestly put that i was arrested is it gonna affect my eligibility to become a citizen? FYI the IO was new she has recently joined. I am really worried what will happen.

I would appreciate if you would please share your similar experience or advice me,

Thanks!

[NancyNguyen 1,657]

3 weeks is nothing with uscis, especially you had been arrested. Someone has waited for months, even year to get decision.

[pinoyme 3]

Chill it's only been 3 weeks . Just wait As for me I had to interview 2 times because of a past crime but I was never arrested . My friend only got me involve so I explane my self and was ask Amit of questions .

I got 2 decision can not be made 2 times so I got a lawyer involve to help me . My over all experience was at less 6 months to get an approval . I wish you luck and hope your case is not so serious .

My advise to you contact an immigration lawyer and ask lots of questions about your issue.

Again good luck

[kcoyclay1 98]

Hi..

I got arrested by ICE in 2010 for over staying the visa, I was not put into jail and was released within an hour without a bond. Few months later I got married to my husband who is a U.S citizen filed my paper work. My case was dismissed from the court before it was put into removal proceedings.

This all happened before I was granted a conditional green card, then in 2013 my conditions were removed and was granted a green card for 20 yrs.

Based on a 3 year marriage rule I applied for a citizenship in April 2014, had my interview on September 19 2014. I am still married and my husband came to an interview with me, everything went smooth in the interview IO asked me if I was ever arrested? I told her, yes I was but the case was dismissed and I have a copy of final order in file as well as with me if she would like to look at it? She said its ok. At the end she handed me a white paper and B was checked "Decision cannot be made" she said that marriage cases have high burden therefore, she needs to review file most likely she will do it today, and I should be receiving the decision in the mail and I need to bring all the documents to the oath ceremony.

It has been three weeks i have not heard anything, upon inquiring with the local office I was informed that that the case is under active review by an immigration officer. I am just concerned what is taking them so long to review the file and since I have honestly put that i was arrested is it gonna affect my eligibility to become a citizen? FYI the IO was new she has recently joined. I am really worried what will happen.

I would appreciate if you would please share your similar experience or advice me,

Thanks!

Don't worry about it. Your case was dismissed. The ISO need to check to make sure everything is lawful. While it may appear that it is only your case that has that situation and the ISO need to review it right away, there are other cases that the ISO may be looking at as well. They don't go through cases that has an arrest attached to it lightly; they go through it in detail. While it may seem as if it is just calling up the courts and giving them your case number, it is more than that. However, do not worry. You did your part. The ISO may take a little while and as a matter of fact it may not even be that ISO reviewing your case. They normally get another set of eyes to go over everything. You should be okay. Like pinyome said, he went through it and I can tell you he was just as concerned, but today he is smiling as he awaits his oath ceremony. I am celebrating, from afar with the happy dance, his approval and upcoming oath ceremony and will celebrate yours as well. All the best.

[m1011110 1]

Me the same no decision made and still waiting from aug 11 , no arrest at all , last thing they told me

Your application is still pending consideration and is assigned to an officer to make a determination

[minions2 24]

You gotta wait patiently and high hopes

Edited October 13, 2014 by minions2

[Worried_joel 6]

Me the same no decision made and still waiting from aug 11 , no arrest at all , last thing they told me

Your application is still pending consideration and is assigned to an officer to make a determination

I went for the second interview on 9/11 and till now No reply from them yet too. When I left their office, they said decision cannot be made yet. You will receive in mail for Oath ceremony if everything is fine. Till today, it is 30 days and do I need to call them up? I filed my N400 in Jan. and till now it is already OCT. sigh....

[m1011110 1]

Which one is ur local office , and when was first interview , is thier ant issue in the interview

[pinoyme 3]

San Jose is was the office . My wait was 6 months in total and 2 interviews now my application is approve . Just waiting for ceremony 2 more weeks to go

[afshanali 0]

Thanks for your replies. I had interview in USCIS office in irving TX on 09/19. Still I have not heard anything will go to the office on 10/21 to get the update on the case.

[m1011110 1]

San Jose is was the office . My wait was 6 months in total and 2 interviews now my application is approve . Just waiting for ceremony 2 more weeks to go

Why 2 interviews , what the issues

I went for the second interview on 9/11 and till now No reply from them yet too. When I left their office, they said decision cannot be made yet. You will receive in mail for Oath ceremony if everything is fine. Till today, it is 30 days and do I need to call them up? I filed my N400 in Jan. and till now it is already OCT. sigh....

Why 2 interviews what the issues

[Worried_joel 6]

They have issues on my ex marriage. I filed in my N400 base on 5 years rule. Got divorced before my 10 years GC. I filed in without my wife but was approved for my GC. Now they have issues on my N400.

[m1011110 1]

They have issues on my ex marriage. I filed in my N400 base on 5 years rule. Got divorced before my 10 years GC. I filed in without my wife but was approved for my GC. Now they have issues on my N400.

Thanks hope we will get the oath soon

[pinoyme 3]

The first interview was not clear that's all . They had to verify. Things with me then I waiting another 35 days then I got my approval . I've lived here all my life and my LPR category is IR2

[m1011110 1]

The first interview was not clear that's all . They had to verify. Things with me then I waiting another 35 days then I got my approval . I've lived here all my life and my LPR category is IR2

It took me 6 months from applying to interview , and now two months after interview and still no decision , I have no issue at all , interview less than 15 minutes , I think I need just to wait