N-400 Decision Cannot Be Made Yet About Your Application

[Yawee 7]

Hoping that someone here can help me make some more sense of this.

 

Applied for N-400 back in March, 2020.  Got a Biometrics reuse letter in Dec 2020.  Interview was scheduled for Mar 2021.  Los Angeles Office.

 

So, a little over a week ago now, I went to my interview.  But instead of getting called into a room, my interview officer came into the waiting area and asked for me to come to his office on a different floor.  As we walked, he explained there was some "red light" on my USCIS file coming from the Ohio branch but he couldn't access it to tell me what it was.  Asked me some vague question about interstate employment, to which I said I've lived and worked in California for the last five years as a green card holder.  But perhaps it has something to do with my first ever 01 visa, which I got more than ten years ago.  Every chance my original visa lawyer from then had opened the file at the Ohio branch and I wouldn't have really known / understood.  But absolutely nothing else about this made sense to either of us.

 

In 2017 I had applied for a I-131 in California for a trip I was planning to take that was over 6 months. That permit was approved, but I ended up never using it (or taking the trip).  I asked if this could have been the red light?  And even provided the unused permit book.  But I was told that wouldn't have been it.

 

We went to their office.  I passed the civics test.  Interviewing officer asked me a few questions about my travel movements and work and tax returns. Nothing very specific.  Then it was over and he said that unfortunately, because of this "red light" on his system, he can't just print my oath ceremony letter today and that I'd need to wait.  He said I was approved, but that it can't be made official until this Ohio office issue is sorted out.  Then the filled in the interview result form, and only ticked the {X} USCIS WILL SEND YOU A WRITTEN DECISION ABOUT YOUR APPLICATION // (B) A DECISION CANNOT BE MADE YET ABOUT YOUR APPLICATION.

 

I was assured that they'd have it sorted by the end of the day.  In fact, he set a reminder while I was in the room to try to pass the file into the system at 5pm that day.  Wanted to save me sitting around USCIS all day (as it was 9am at the time).

 

So I left happy, but with a degree of anxiety over what this was about.  That night, at around 3am, I got an email from USCIS saying my "case status had been updated".  But when I went to log onto the site the next day, nothing had changed since Feb.  My status still just said my "Interview Was Scheduled" from way back in Jan 2021.  I waited 48 hours and nothing changed still, so I rang USCIS to ask if there was some kind of glitch or issue on my file.  I was told a Tier 2 officer would look into it.  But then on Sunday, I got the dreaded stock form letter from USCIS saying my case was "pending and is within our current processing time".

 

I rang USCIS again that morning for clarification and was told the Tier 2 officer had "declined to respond" to my request and that my application was still pending.  I asked for some kind of time frame and was told a decision should be made by the end of April.  I asked for more clarity as to what was happening or if there was something I should be doing to help - additional forms or evidence or anything.  Was told there's nothing I can do but wait.

 

Is this normal?  Can anyone here guess what this could be about?

 

I thought the anxiety of waiting a year for my interview during Covid was bad enough.  But this wait now without any information about what is going on has me absolutely stressed out of my mind.

 

Thoughts?

 

 

Edited March 16, 2021 by Yawee
Mistake

[bing10 114]

On 3/16/2021 at 3:35 PM, Yawee said:

Hoping that someone here can help me make some more sense of this.

 

Applied for N-400 back in March, 2020.  Got a Biometrics reuse letter in Dec 2020.  Interview was scheduled for Mar 2021.  Los Angeles Office.

 

So, a little over a week ago now, I went to my interview.  But instead of getting called into a room, my interview officer came into the waiting area and asked for me to come to his office on a different floor.  As we walked, he explained there was some "red light" on my USCIS file coming from the Ohio branch but he couldn't access it to tell me what it was.  Asked me some vague question about interstate employment, to which I said I've lived and worked in California for the last five years as a green card holder.  But perhaps it has something to do with my first ever 01 visa, which I got more than ten years ago.  Every chance my original visa lawyer from then had opened the file at the Ohio branch and I wouldn't have really known / understood.  But absolutely nothing else about this made sense to either of us.

 

In 2017 I had applied for a I-131 in California for a trip I was planning to take that was over 6 months. That permit was approved, but I ended up never using it (or taking the trip).  I asked if this could have been the red light?  And even provided the unused permit book.  But I was told that wouldn't have been it.

 

We went to their office.  I passed the civics test.  Interviewing officer asked me a few questions about my travel movements and work and tax returns. Nothing very specific.  Then it was over and he said that unfortunately, because of this "red light" on his system, he can't just print my oath ceremony letter today and that I'd need to wait.  He said I was approved, but that it can't be made official until this Ohio office issue is sorted out.  Then the filled in the interview result form, and only ticked the {X} USCIS WILL SEND YOU A WRITTEN DECISION ABOUT YOUR APPLICATION // (B) A DECISION CANNOT BE MADE YET ABOUT YOUR APPLICATION.

 

I was assured that they'd have it sorted by the end of the day.  In fact, he set a reminder while I was in the room to try to pass the file into the system at 5pm that day.  Wanted to save me sitting around USCIS all day (as it was 9am at the time).

 

So I left happy, but with a degree of anxiety over what this was about.  That night, at around 3am, I got an email from USCIS saying my "case status had been updated".  But when I went to log onto the site the next day, nothing had changed since Feb.  My status still just said my "Interview Was Scheduled" from way back in Jan 2021.  I waited 48 hours and nothing changed still, so I rang USCIS to ask if there was some kind of glitch or issue on my file.  I was told a Tier 2 officer would look into it.  But then on Sunday, I got the dreaded stock form letter from USCIS saying my case was "pending and is within our current processing time".

 

I rang USCIS again that morning for clarification and was told the Tier 2 officer had "declined to respond" to my request and that my application was still pending.  I asked for some kind of time frame and was told a decision should be made by the end of April.  I asked for more clarity as to what was happening or if there was something I should be doing to help - additional forms or evidence or anything.  Was told there's nothing I can do but wait.

 

Is this normal?  Can anyone here guess what this could be about?

 

I thought the anxiety of waiting a year for my interview during Covid was bad enough.  But this wait now without any information about what is going on has me absolutely stressed out of my mind.

 

Thoughts?

 

 

 

I've never heard of a 'red light' on a file, but it sounds like there's something they need to clear up before they can approve you.

 

Right now, I don't think there's much you can do except wait. If it gets to be 120 days after the interview, then you can start contacting your congress people to have them make inquiries as to what's going on.

 

Good luck!

 

[Scandi 3,970]

I wouldn't call it normal, but let them take whatever time they need to clear things up. Many people wait for a long time after their interview to get the final approval and oath notice, some for many months. I understand the wait is tough but just like the USCIS employee said - there's likely nothing you can do, you just need to wait it out. 

[SusieQQQ 11,584]

Was this an employment based green card?

[Yawee 7]

@SusieQQQ My green card was a EB-1A for "alien of extraordinary ability".  And prior to that I had a three year 0-1 Visa.

 

To update where things are : I bombarded support.  I sent a letter through the online portal, I called the USCIS number and I also spoke to someone using the "representative" hack on Ask Emma.

 

And honestly? Now I've even less of an idea what's going on.

 

One person told me the status on their computers had updated to "interview completed", even though my online status hasn't changed since Feb 2021.  One person said I'd have to wait 120 days to get Tier 2 help to find out if I'm approved or not.  And someone else told me that the file said (and I'm quoting from the chat here)...

 

"The interview was marked as completed... however, the officer that conduced the interview can only recommend you for approval.  After that, it can take 90 days from the interview to schedule an oath ceremony".

 

90 days was news to me.  So I sent another support letter to clarify.

 

They don't know where 90 days came from.  Their response was even more confusing / disenchanting :

 

"...regarding the 120 days, that time frame would begin after a case has been approved.  As of now, there is no indication in our system that a decision has been made on your case."

 

And if that wasn't conflicting enough, the person I spoke to on the phone about that had originally said I'd hear something back by April 26 at the latest (why this date - I don't know) -- and that a ceremony would be scheduled no later than 105 days after my interview.

 

And yes, I know the USCIS online guideline states that the time frame, post interview to requesting a "final decision", must be at least 120 days.  I'm not the one confused about this.

 

Point is, I have no idea what happened in my interview, and it seems everyone I've contacted at USCIS over the last month has no answer for me either.  No idea if it was a glitch in the system.  No idea if my application was no good.  No idea what the red light from the Ohio office was about.  Just conflicting information about when / if I'll hear anything at all.

 

I'm resigned to the long haul on it, like all the advice on these forums points to.  It's like a ####### shoot of differing stock answers every time I request clarification.  

 

I honestly thought after waiting over a year for that N-400 interview, the worst of this bureaucratic waiting game was over.  And it's hard not to get down over it, knowing people in the same LA office I attended were approved and sent for their oath ceremony that SAME DAY.

 

Whatever came up on my file obviously sent my entire application back into a USCIS black hole.

 

And without a doubt, when this finally gets pushed to a Tier 2 in six months time, a five second keystroke will suddenly suck the whole thing back out and it'll be sorted during a coffee break.  The whole thing makes me incredibly anxious, but I know there will be a happy ending to it SOMEDAY... because there's no issue here I know of.  No trouble with the law.  Always paid my taxes.  Made sure I met all the N-400 requirements.

 

I'm probably a pain in the ### to their support team at this point... but... they kind of did that to themselves.

 

I still love America.  But I really can't wait to give my first-ever US vote to whoever pushes for more funding to USCIS.

 

These guys are obviously drowning in a very broken system.

 

[SusieQQQ 11,584]

I don’t know very much about EB green cards but from your various posts it seems to me there is some question over your process (the questions about interstate employment and Ohio). I don’t know what any of what the problem might be but it seems to me they are looking at that again. 

[Yawee 7]

1 hour ago, SusieQQQ said:

I don’t know very much about EB green cards but from your various posts it seems to me there is some question over your process (the questions about interstate employment and Ohio). I don’t know what any of what the problem might be but it seems to me they are looking at that again. 

@SusieQQQDefinitely very odd.  Never even stepped foot in Ohio.  And all my employment has been based in California, either as a self-employed contractor or through a S-Corp loan out company I was encouraged to start for tax purposes (in California).  In the years before my green card, when I was 0-1, that company was first registered as an LLC in Delaware via the net because I had zero idea what I was doing.  This is way back in 2009.  But it was all transferred to California about six months later when the first pay checks came in from LA.

 

Would that have been some kind of flagging for further investigation?  I didn't even think to mention it as it was about six years before I even got an EB green card in 2015.

[Scandi 3,970]

It's not unheard of for people to have their SSNs hijacked, maybe that's what happened? Who knows, all we can do is guess, which doesn't help much.

[Coco&Kitten 42]

Any updates on your case?  I had a very similar experience this week.  Had the interview, passed the test but got the "a decision cannot be made" box check.  I asked why to the officer and she told me it was because they had another file on the system.  I then asked what type of file, and she said something to do with a J1 visa that I had in 2000 (nearly 21 years ago!), which I did for 3 years.  So, anyway, apparently they have to check it, I guess is related to the two year rule probably, and verify that everything was OK at that time.  And because 20 years ago these things were not electronic they have to send the files via regular mail, so it might take a few days for an update (hopefully not too long). 

Anybody else with this experience?  I guess everything needs checking before they can give the final approval.

[Yawee 7]

22 hours ago, Coco&Kitten said:

Any updates on your case?  I had a very similar experience this week.  Had the interview, passed the test but got the "a decision cannot be made" box check.  I asked why to the officer and she told me it was because they had another file on the system.  I then asked what type of file, and she said something to do with a J1 visa that I had in 2000 (nearly 21 years ago!), which I did for 3 years.  So, anyway, apparently they have to check it, I guess is related to the two year rule probably, and verify that everything was OK at that time.  And because 20 years ago these things were not electronic they have to send the files via regular mail, so it might take a few days for an update (hopefully not too long). 

Anybody else with this experience?  I guess everything needs checking before they can give the final approval.

Nothing.  Almost at two months now and counting.  I've tried contacting them since a handful of times, and each time I can't get past a Tier 1 officer.  And they keep telling me the same thing... 120 days before they'll do anything.  So, no doubt, I'll be waiting the full 120 days at this point.

 

Enquired about trying to pay extra for a premium processing.  Told that wasn't possible.  Asked if I could schedule another interview with my officer at least, so I could understand what was happening.  Also not possible.

 

I even tried contacting a lawyer and seeing if they thought there was something they could do to help... and they just straight up said there's nothing anyone can do until USCIS decides to "make their decision".

 

Really sorry to hear that you've fallen into N-400 black hole too.

 

There's every chance you'll hear back sooner than the 120 days.  There's stories on here on people who have.  But in my case, not holding out much hope for that.

 

[bing10 114]

59 minutes ago, Yawee said:

Nothing.  Almost at two months now and counting.  I've tried contacting them since a handful of times, and each time I can't get past a Tier 1 officer.  And they keep telling me the same thing... 120 days before they'll do anything.  So, no doubt, I'll be waiting the full 120 days at this point.

 

Enquired about trying to pay extra for a premium processing.  Told that wasn't possible.  Asked if I could schedule another interview with my officer at least, so I could understand what was happening.  Also not possible.

 

I even tried contacting a lawyer and seeing if they thought there was something they could do to help... and they just straight up said there's nothing anyone can do until USCIS decides to "make their decision".

 

Really sorry to hear that you've fallen into N-400 black hole too.

 

There's every chance you'll hear back sooner than the 120 days.  There's stories on here on people who have.  But in my case, not holding out much hope for that.

 

 

Yes, it seems USCIS can pretty much do what they like with very little oversight. 

 

I'm now at over 14 months since my interview, without any progress. I really hope you don't end up in my situation.

 

[Yawee 7]

17 hours ago, bing10 said:

 

Yes, it seems USCIS can pretty much do what they like with very little oversight. 

 

I'm now at over 14 months since my interview, without any progress. I really hope you don't end up in my situation.

 

That's not okay.  And I'm so sorry to hear they've left you in USCIS anxiety hell for that amount of time.

 

Your case officer has to respond with their final decision no more than 120 days after your N-400 interview... ie. four months.  Jump on ASK EMMA or give USCIS a call straight away and ask for this to sorted out, and if you still don't hear back within a week, take your case to the ombudsman.  The online link is below.

 

That's what they're there for.

 

https://www.dhs.gov/topic/cis-ombudsman

[bing10 114]

3 hours ago, Yawee said:

That's not okay.  And I'm so sorry to hear they've left you in USCIS anxiety hell for that amount of time.

 

Your case officer has to respond with their final decision no more than 120 days after your N-400 interview... ie. four months.  Jump on ASK EMMA or give USCIS a call straight away and ask for this to sorted out, and if you still don't hear back within a week, take your case to the ombudsman.  The online link is below.

 

That's what they're there for.

 

https://www.dhs.gov/topic/cis-ombudsman

 

I already tried with the Ombudsman, but they won't do anything until the case is outside regular processing time, even if it's past the 120 days.

 

I called, emailed, filed case requests, had senators and representatives make inquiries, but nothing. 

 

I'm moving to a new state soon, so I'm hoping that might get things moving, when my case gets transferred to a new field office and case officer. If not, suing seems to be the only other option.

 

I've learnt along the way to try not to get too stressed about it. Back at 120 days I was a stressed-out mess about it, but now I'm just pretty chill about letting things to do with this just happen.

 

 

Edited April 23, 2021 by bing10

[oriana77 9]

On 4/23/2021 at 6:57 PM, bing10 said:

 

I already tried with the Ombudsman, but they won't do anything until the case is outside regular processing time, even if it's past the 120 days.

 

I called, emailed, filed case requests, had senators and representatives make inquiries, but nothing. 

 

I'm moving to a new state soon, so I'm hoping that might get things moving, when my case gets transferred to a new field office and case officer. If not, suing seems to be the only other option.

 

I've learnt along the way to try not to get too stressed about it. Back at 120 days I was a stressed-out mess about it, but now I'm just pretty chill about letting things to do with this just happen.

 

 

Omg, I had my interview on Jan 28, 2021. I filed in Brooklyn but I had my interview in Cadman Plaza in Manhattan and when the officer printed the decision cannot be yet made paper she told me that in about 60 days I should be getting an answer. During the interview she asked me if I had my birth certificate with me? I said because I didnt expect her to ask me for it. She said that my birth certificate was supposed to be in my file but she couldn't find it. She kept checking but nothing, then she asked me to upload my birth certificate to my USCIS which I did. I thought that after uploading my birth certificate things should move faster. In 3 weeks it will be 4 months since my interview and no answer from them..

[Moradesk 10]

On 4/23/2021 at 3:57 PM, bing10 said:

 

I already tried with the Ombudsman, but they won't do anything until the case is outside regular processing time, even if it's past the 120 days.

 

I called, emailed, filed case requests, had senators and representatives make inquiries, but nothing. 

 

I'm moving to a new state soon, so I'm hoping that might get things moving, when my case gets transferred to a new field office and case officer. If not, suing seems to be the only other option.

 

I've learnt along the way to try not to get too stressed about it. Back at 120 days I was a stressed-out mess about it, but now I'm just pretty chill about letting things to do with this just happen.

 

 

I can imagine how much stress you felt. I hope they will deal with your case soon. It has been too long time dear.