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Posted

got my GC back in 2011.

after 4 yrs 9 mos, applied N-400 by myself.

everything went well to my interview and test.

i passed both. that was 2016 Mar.

visited USCIS in Dallas several times and they kept saying my file is in queue. 

i went there last week again and they said it is in background check since 2016.

i even tried ombudsman and periodically it sends me an email that the ombudsman requested USCIS for an update.

nothing happened.  

 

what possible option do i have?

Posted (edited)

Sue USCIS in federal district court under 8 USC 1447(b). USCIS are required by law to render a decision on your naturalisation within 120 days of your interview. If they fail to do so, you can sue them seeking a court review of their failure to adjudicate your N-400.

 

An attorney will charge you several thousand dollars to do this. Alternatively, you can do it yourself at the cost of a few hundred dollars in filing and process server fees. There are DIY guides floating around on other sites if this is the method you wish to pursue. 

 

Sometimes just the threat of a 1447 action will make USCIS play ball, but after so long I would just sue them to teach them a lesson at this point. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

hypnos, thanks.

 

the most important to me is getting GC for my wife.

she has F-1 (int'l student) status and getting tired of going school everyday.

3 yrs ago, i thought i would be faster to go thru N-400 first then get her GC....

 

i googled, but it is little unclear processing time if i apply it as GC holder or apply as U.S. citizen.

in which stage that she done't have to go school?

can anyone tell how long would it be for GC holder or U.S. citizen? 

Posted

It's always faster to apply as the spouse of a US citizen, assuming you haven't already filed an I-130 on her behalf. 

 

She would need to continue to maintain her F-1 status, including going to school, until her I-485 was accepted for processing by USCIS. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Country: Sweden
Timeline
Posted
15 hours ago, jujaku said:

i googled, but it is little unclear processing time if i apply it as GC holder or apply as U.S. citizen.

in which stage that she done't have to go school?

can anyone tell how long would it be for GC holder or U.S. citizen? 

You're not a US citizen, are you?  So that's not an option. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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