N400 2 year delay. How do I solve?

[igoyougoduke 1,622]

1 hour ago, sung2408 said:

Thank you. Very helpful. Do you recommend getting lawyer or filing oneself?

you can do it by yourself . you need to do some leg work about immigration law and also  understand the process of courts and litigation. it is not straight forward without some effort on your end.

[Family 3,585]

3 hours ago, igoyougoduke said:

4 hours ago, sung2408 said:

Thank you. Very helpful. Do you recommend getting lawyer or filing oneself?

you can do it by yourself . you need to do some leg work about immigration law and also  understand the process of courts and litigation. it is not straight forward without some effort on your end

Although earlier link to a sample N-400 from 2015 complaint disappeared , I do recall it raised both WOM and APÁ issues ..but the class action N-400 link has wording . ..

 

As  indicated, you are ok to use simple language just state the section of the law.

 

 

Your choice is to try and DIY for under $500 or spend $5,000 plus. 

[Imperium 81]

4 hours ago, sung2408 said:

Thank you. Very helpful. Do you recommend getting lawyer or filing oneself?

Do you still live in NY?

What FO did you apply to?

If you apply Pro Se, you need to research and read precedents. You will need to read Federal Rules of Civil Procedure (Parts that apply to you) and any Local Rules so you can litigate your case better. It is not a rocket science but it is definately complex than doing an N-400, With that being said, there are plenty of people who have done it Pro Se. I am, personally, of an opinion that lawyers are waste of time except (Removal Proceedings).

 

For a "Complaint for An Action Under 8 USC, Section 1447(b)," I can share a sample that will guide you to write your complaint. 

Edited May 19, 2023 by Imperium

[Mike E 11,730]

12 hours ago, sung2408 said:

What do I do next to get my n400 interview scheduled? I

I assume there is no name change. If so, sorry, not sorry.

 

Otherwise …

 

WoM is the inferior play.

 

N-400 cases, distinct from other types of cases, have a powerful tool called de novo review, meaning your attorney can file in federal court to have your entire case reviewed, and at the judge’s discretion, grant your citizenship. Rarely the judge will take your oath of citizenship right there in the court room. For an egregious case like yours, it would not surprise me.

 

Usually though the judge will approve your case, and order USCIS to schedule oath by a deadline.

 

That is if it gets that far. The cost to USCIS to have you come to its field office for 5 minutes and take oath is a 10-100 times less than the cost of paying an attorney to defend you. USCIS will try to settle out of court. Unless they show you a naturalization certificate, and offer to let you take oath right there (even if the offer comes outside the court room) pass.

 

Do the USCIS ombudsman thing, and after 30 days pursue de novo review.

 

[Imperium 81]

22 minutes ago, Mike E said:

I assume there is no name change. If so, sorry, not sorry.

 

Otherwise …

 

WoM is the inferior play.

 

N-400 cases, distinct from other types of cases, have a powerful tool called de novo review, meaning your attorney can file in federal court to have your entire case reviewed, and at the judge’s discretion, grant your citizenship. Rarely the judge will take your oath of citizenship right there in the court room. For an egregious case like yours, it would not surprise me.

 

Usually though the judge will approve your case, and order USCIS to schedule oath by a deadline.

 

That is if it gets that far. The cost to USCIS to have you come to its field office for 5 minutes and take oath is a 10-100 times less than the cost of paying an attorney to defend you. USCIS will try to settle out of court. Unless they show you a naturalization certificate, and offer to let you take oath right there (even if the offer comes outside the court room) pass.

 

Do the USCIS ombudsman thing, and after 30 days pursue de novo review.

 

Would it not be feasiable to send a "Demand Letter" to his local USA (instead of writing to Ombud) indicating his intent to file a complaint in the USDC? After all, OP intends to minimize any further delays. 

It is USA office who eventually caliberates the pressure on USCIS for a prompt adjudication. This may end up solving his issue because many USA dont want to add more work on their shoulders and resolve the matter before it creates an electronic file at DOJ.

[Mike E 11,730]

3 minutes ago, Imperium said:

Would it not be feasiable to send a "Demand Letter"

Who will write this letter?

[Imperium 81]

4 minutes ago, Mike E said:

Who will write this letter?

I have a sample DL that OP can use as a guide but before that, I have posted two questions for OP.

[Mike E 11,730]

3 minutes ago, Imperium said:

I have a sample DL that OP can use as a guide but before that, I have posted two questions for OP.

So, not a lawyer.  You are certain this letter won’t damage a case for de novo review?

[Verrou 1,906]

11 minutes ago, Mike E said:

Who will write this letter?

OP can write this. I found sample of someone’s husband send similar letter regarding on GC interview ( no news after interview for over 120 days). Requested to be adjudicate or else will file mandamus. 

attention field office director, sent to field office with certified mail. On the envelope write “ DO NOT OPEN IN MAILROOM”. One day after the letter received, I-485 approved

 

i think for N-400 issue OP had it can be applied, no? 

 

Edited May 19, 2023 by Misscloud

[igoyougoduke 1,622]

3 minutes ago, Misscloud said:

OP can write this. I found sample of someone’s husband send similar letter regarding on GC interview ( no news after interview for over 120 days). Requested to be adjudicate or else will file mandamus. 

attention field office director, sent to field office with certified mail. On the envelope write “ DO NOT OPEN IN MAILROOM”. One day after the letter received, I-485 approved

 

i think for N-400 issue OP had it can be applied, no? 

 

these letters have no legal value....i highly doubt they work .. if letters and phone calls work than USCIS would not have a processing time of 20/30 months 

[Verrou 1,906]

1 minute ago, igoyougoduke said:

these letters have no legal value....i highly doubt they work .. if letters and phone calls work than USCIS would not have a processing time of 20/30 months 

I agree. My point is exhaust everything ( cheaper way ) before filing for mandamus. I always come with that “nothing to lose, worth to try ” mind

[sung2408 2]

1 hour ago, Imperium said:

Do you still live in NY?

What FO did you apply to?

If you apply Pro Se, you need to research and read precedents. You will need to read Federal Rules of Civil Procedure (Parts that apply to you) and any Local Rules so you can litigate your case better. It is not a rocket science but it is definately complex than doing an N-400, With that being said, there are plenty of people who have done it Pro Se. I am, personally, of an opinion that lawyers are waste of time except (Removal Proceedings).

 

For a "Complaint for An Action Under 8 USC, Section 1447(b)," I can share a sample that will guide you to write your complaint. 

I live in Jersey now. Specifically Newark field office

[igoyougoduke 1,622]

56 minutes ago, Mike E said:

I assume there is no name change. If so, sorry, not sorry.

 

Otherwise …

 

WoM is the inferior play.

 

N-400 cases, distinct from other types of cases, have a powerful tool called de novo review, meaning your attorney can file in federal court to have your entire case reviewed, and at the judge’s discretion, grant your citizenship. Rarely the judge will take your oath of citizenship right there in the court room. For an egregious case like yours, it would not surprise me.

 

Usually though the judge will approve your case, and order USCIS to schedule oath by a deadline.

 

That is if it gets that far. The cost to USCIS to have you come to its field office for 5 minutes and take oath is a 10-100 times less than the cost of paying an attorney to defend you. USCIS will try to settle out of court. Unless they show you a naturalization certificate, and offer to let you take oath right there (even if the offer comes outside the court room) pass.

 

Do the USCIS ombudsman thing, and after 30 days pursue de novo review.

 

wait what ? judges can approve naturalization cases . i have never heard that.. I thought only USCIS has the authority to approve a naturalization application. His N-400 has not been denied so how will a judge approve his case ?

[Boiler 43,857]

It comes up every now and then

[Mike E 11,730]

20 minutes ago, Misscloud said:

OP can write this. I found sample of someone’s husband send similar letter regarding on GC interview

This isn’t a gc interview