120 days past interview reccommended for approval, USCIS says keep waiting

[jjjdddlll 4]

Hello,

My spouse passed her naturalization interview over 120 days ago. As per the interview sheet and reccommendations, I scheduled an infopass appointment to see what was taking so long, thinking that as 120 days had passed something would actually happen. We were instead told that the 120 days "doesn't apply to this case" and were basically told there is no time limit. This doesn't seem right, but short of getting ejected from the USCIS building I can't think of anything else to do. Does anyone have experience with this? I don't think I actually want to file a lawsuit or anything, as it sounds like more time, money and paperwork. Just looking for any similar experiences or advice.

Good luck to everyone.

[NexGen 8]

Some people have written to their Senator's for assistance and it has resulted in movement on their cases.

Edited November 4, 2015 by NexGen

[Ontarkie 14,282]

We tried the the Senator's office. They couldn't do anything that we did ourselves.

When it comes to the background checks you really just have to wait it out, yes after the interview you can still be going through background checks.

[N400applicant 7]

It doesn't matter what they tell you. 120 days rule is written in statute or regulations. USCIS doesn't decide what the law is. File the case and let federal Judge determine if it applies to your case or not. Consult an immigration attorney if you can.

Hello,

My spouse passed her naturalization interview over 120 days ago. As per the interview sheet and reccommendations, I scheduled an infopass appointment to see what was taking so long, thinking that as 120 days had passed something would actually happen. We were instead told that the 120 days "doesn't apply to this case" and were basically told there is no time limit. This doesn't seem right, but short of getting ejected from the USCIS building I can't think of anything else to do. Does anyone have experience with this? I don't think I actually want to file a lawsuit or anything, as it sounds like more time, money and paperwork. Just looking for any similar experiences or advice.

Good luck to everyone.

I would file a case in Federal Court. If it goes to Court USCIS will HAVE TO make a decision, one way or another, under 120 days rule.

Most of the times USCIS will settle the case before trial, by expediting the processing. So, he may not even have to wait until the trial date.

We tried the the Senator's office. They couldn't do anything that we did ourselves.

When it comes to the background checks you really just have to wait it out, yes after the interview you can still be going through background checks.

[jjjdddlll 4]

It doesn't matter what they tell you. 120 days rule is written in statute or regulations. USCIS doesn't decide what the law is. File the case and let federal Judge determine if it applies to your case or not. Consult an immigration attorney if you can.

I would file a case in Federal Court. If it goes to Court USCIS will HAVE TO make a decision, one way or another, under 120 days rule.

Most of the times USCIS will settle the case before trial, by expediting the processing. So, he may not even have to wait until the trial date.

I appreciate your recommendation of fighting back at USCIS, which I'm ready to do, as I'm beyond tired of them after years of dealing with them, but I don't have the time or money that I predict is necessary to take them to court. I assume it involves finding a lawyer, paying said lawyer, filing, lots more paperwork, lots more waiting, lots more processing times, etc. I realize it sounds odd as obviously I want my application process to finish but I also don't think I want to start a new one if that makes sense. I also wouldn't put it past them to take negative action towards a process if you attempt pressuring them via said method, although I have no clue.

[N400applicant 7]

It's always best to hire a good immigration attorney when you go to Court, but you have every right to go Pro Se (or file on your own, without a lawyer).

You can do your own search online. There are great number of threads (one very well known is by user Publicus, and there are many others), where number of immigrants described in scrupulous details every step they took and every paper they filled to sue USCIS after their N-400 interview. They even have posted the cover letters.

Just Google it.

When you sue under 120 days rule you don't need to file a new N-400 case. All you do is request the USCIS to make a decision on one which is pending over 120 days after your interview date.

Fear not, the US Government is by the People and for the People, it's YOUR Government and it has a duty to serve you, not vice versa. All you are asking is for them to discharge the duty, and you already paid for it with app fees.

And remember, they can't deny you just because you ask Court to force them to make a decision. They can only deny you if there is a legal basis for N-400 denial.

Good luck

I appreciate your recommendation of fighting back at USCIS, which I'm ready to do, as I'm beyond tired of them after years of dealing with them, but I don't have the time or money that I predict is necessary to take them to court. I assume it involves finding a lawyer, paying said lawyer, filing, lots more paperwork, lots more waiting, lots more processing times, etc. I realize it sounds odd as obviously I want my application process to finish but I also don't think I want to start a new one if that makes sense. I also wouldn't put it past them to take negative action towards a process if you attempt pressuring them via said method, although I have no clue.

Edited November 4, 2015 by N400applicant

[Ontarkie 14,282]

If it's for security checks and they are not done what do you think they will do? They will error on the side of caution.

[jjjdddlll 4]

If it's for security checks and they are not done what do you think they will do? They will error on the side of caution.

Google this subect - the 120 days rule after N-400 interview.

They MUST make a decision within 120 days after interview, this is a law. Judge will order them to go and complete all work that must be complete, including background checks, if it's been more than 120 days after interview. In most cases it doesn't go to trial, US Attorney contacts the applicant and settles before trial , by expediting the case processing.

I agree. Not only do I think it's too early for me to even consider a lawsuit (although I'd love to finally get back at USCIS) I don't have the time or money (thousands of dollars) to. In addition, I have read accounts where pressuring USCIS just resulted in a negative outcome, as they are basically forced to make a decision with the information on hand, and as mentioned, if it's incomplete, could result negative. I think it's a good idea regardless, although hopefully it doesn't come to that. Also, your signature is ridiculously long. Is nearly 10 Youtube videos and several paragraphs of text really necessary? No one reads it.

[N400applicant 7]

You should Google the 120 days rule for N-400 cases. You can file law suit anytime after 120 days elapse.

You do not have to hire attorney, by law you can go Pro Se (you don't need a legal license to represent yourself).

Non-lawyers can't advise you what to do, so I will not tell you how to do it, but you can Google it and find threads where people (including Publicus, who made fame at some point on public boards with his case against USCIS) describe in great many details how they did it.

Who ever told you that bringing USCIS to Court for failing to discharge duty results in retaliation? Retaliation is illegal and whoever in Federal Gov does that can be subject to serious reprimands for misconduct. Whoever told you this was scaremongering you.

Unless you are afraid of USCIS because you know you don't deserve Citizenship and have some criminal record or cause for denial, there is no reason why you should think of "negative outcome" for demaning your right in front of the Federal judge.

This is not El Salvador or Lebanon, this is the United States, it doesn't work like that here.

What you do is up to you, of course. You can choose not to ever go to Court and wait indefinitely for decision, that's your case and for you to decide. I just dispute the claim that there is a "negative" outcome which to be feared by doing what thousands of people did before you.

I agree. Not only do I think it's too early for me to even consider a lawsuit (although I'd love to finally get back at USCIS) I don't have the time or money (thousands of dollars) to. In addition, I have read accounts where pressuring USCIS just resulted in a negative outcome, as they are basically forced to make a decision with the information on hand, and as mentioned, if it's incomplete, could result negative. I think it's a good idea regardless, although hopefully it doesn't come to that. Also, your signature is ridiculously long. Is nearly 10 Youtube videos and several paragraphs of text really necessary? No one reads it.

Edited November 4, 2015 by N400applicant

[jjjdddlll 4]

You should Google the 120 days rule for N-400 cases. You can file law suit anytime after 120 days elapse.

You do not have to hire attorney, by law you can go Pro Se (you don't need a legal license to represent yourself).

Non-lawyers can't advise you what to do, so I will not tell you how to do it, but you can Google it and find threads where people (including Publicus, who made fame at some point on public boards with his case against USCIS) describe in great many details how they did it.

Who ever told you that bringing USCIS to Court for failing to discharge duty results in retaliation? Retaliation is illegal and whoever in Federal Gov does that can be subject to serious reprimands for misconduct. Whoever told you this was scaremongering you.

Unless you are afraid of USCIS because you know you don't deserve Citizenship and have some criminal record or cause for denial, there is no reason why you should think of "negative outcome" for demaning your right in front of the Federal judge.

This is not El Salvador or Lebanon, this is the United States, it doesn't work like that here.

What you do is up to you, of course. You can choose not to ever go to Court and wait indefinitely for decision, that's your case and for you to decise. I just dispute the claim that there is a "negative" outcome which to be feared by doing what thousands of people did before you.

I'll keep looking into it as you suggest. I definitely agree with you, although I don't think there would be retaliation so much as the following scenario: if they are actually waiting for further documentation/processes (not from me but from other parties), making my case "incomplete" in their eyes, and they are forced to make a decision, I imagine it could be a negative one. Thanks again for the replies.

[N400applicant 7]

No, they can not and don't do that.

What happens is US Attorney contacts FBI to expedite the name check (if it's FBI causing delay), or they contact any other agency, whoever is in charge of your case processing, and expedite processing. Sometimes it's not related to anything except plain laziness and sloppiness of your case processing IO.

In any event, US Attorney expedites the case processing and usually settles before trial.

If you do go to trial, Judge orders completion of case processing. They can not simply deny you for their own failure to complete whatever Judge orders them to do.

I'll keep looking into it as you suggest. I definitely agree with you, although I don't think there would be retaliation so much as the following scenario: if they are actually waiting for further documentation/processes (not from me but from other parties), making my case "incomplete" in their eyes, and they are forced to make a decision, I imagine it could be a negative one. Thanks again for the replies.

Edited November 4, 2015 by N400applicant

[almost_umrican 54]

It doesn't matter what they tell you. 120 days rule is written in statute or regulations. USCIS doesn't decide what the law is. File the case and let federal Judge determine if it applies to your case or not. Consult an immigration attorney if you can.

I would file a case in Federal Court. If it goes to Court USCIS will HAVE TO make a decision, one way or another, under 120 days rule.

Most of the times USCIS will settle the case before trial, by expediting the processing. So, he may not even have to wait until the trial date.

great advice man

[Hypnos 6,577]

If you're confident of your position, sue their pants off and hold them accountable.

What you've been told above is largely correct. Whilst you certainly can hire a lawyer, there is absolutely nothing stopping you from filing this kind of lawsuit in federal District court yourself, at a cost of perhaps a couple of hundred dollars in filing fees and process servers.

A lot of the time, USCIS fold like a cheap suit. The federal government, on the whole, does not like being sued, and they will do almost anything to get out of it. How it would go down is that you would magically find yourself approved or in the oath queue shortly before the initial court hearing, and the US attorney representing the government would then ask the judge to dismiss your case on that basis.

Yes it's a big step, but it lets USCIS know you are done playing. The law says they have 120 days, and after that their decision can be reviewed in federal District court.

[moekaroit 1]

I am still within the 120 days, in fact still in 51 days, but given the circumstances of my case where i had to be interviewed by FBI once in my life for something i had nothing to do with

i think i am going the same road everyone else is going, so i better start preparing for a lawsuit against USCIS

[moekaroit 1]

Hello,

My spouse passed her naturalization interview over 120 days ago. As per the interview sheet and reccommendations, I scheduled an infopass appointment to see what was taking so long, thinking that as 120 days had passed something would actually happen. We were instead told that the 120 days "doesn't apply to this case" and were basically told there is no time limit. This doesn't seem right, but short of getting ejected from the USCIS building I can't think of anything else to do. Does anyone have experience with this? I don't think I actually want to file a lawsuit or anything, as it sounds like more time, money and paperwork. Just looking for any similar experiences or advice.

Good luck to everyone.

any news with your case?