USCIS inquiry response (N-400 delays in processing)

[cooleynata 9]

Hi everyone, 

 

I am in a bit of a limbo and not sure what to do - I would very much appreciate your honest thoughts on the best way forward. This relates to my application for N-400. For context, I have a I-751 (petition to remove conditions on residence) this was submitted on 11 August 2023. 

 

I submitted my N-400 citizenship application to USCIS and received receipt notice on 5 June 2024 (as of today this is over 15 months ago). My receipt notice states National Benefit Center (Overland Park, KS) I checked and my field office for any N-400 interview is West Palm Beach, FL.

 

On my N-400, my biometrics were reused and I have since had the status of "case is still being processed by USCIS." My USCIS online profile also has now been over months saying: "your case is taking longer than our previous estimate and is now outside normal porcessing times." 

 

When I checked the case processing time tool on USCIS page and gave my receipt notice - it stated that states - You can send us questions about your case by submitting a Service Request online.

 

I sent e-request for outside normal processing time to USCIS about two weeks ago. Yesterday, I received an email from USCIS (Customer Support in Washington, DC) stating the following "We have determined that your immigraion benefit request has not been pending longer than what is normal for the specific request type. Please be assured that we are handling your request..."

 

I think USCIS are wrong. As noted, it has been over 15 months since I filed and when I first looked at the processing time for West Palm Beach, FL, it provided that processing time is around 6 months. Now it is 9.5 months, but still I am now beyond even this current longer period. 

 

I am not sure what to do in these circumstances. Do you think I should submit another e-request to USCIS or contact congressional representative and/or request assistance from USCIS Ombudsman or escalate this otherwise. Or should I just sit and wait until they assign an interview for me.

 

I'm not sure if this is the pending I-751 that is causing this issue but that is still not a reason for them to delay N-400 that is its own separate application. In other words, if you are married to US citizen and have a green card, you have a right to apply for citizenship within 3 years rather than 5 years on the green card. 

 

I feel quite defeated. I was hoping for a positive response with this e-request. I have a few friends that filed N-400 after me (in busy locations e.g. California) and have gone through an interview already. 

 

I would very much appreciate any thoughts and comments on this. If anyone is in the same boat, please also let me know. 

 

 

[Crazy Cat 45,265]

12 minutes ago, cooleynata said:

"We have determined that your immigraion benefit request has not been pending longer than what is normal for the specific request type. Please be assured that we are handling your request..."

They are talking about your inquiry, not your N-400, imo. You could ask your US Senator's office to get an update.

[OldUser 10,389]

2 hours ago, cooleynata said:

I'm not sure if this is the pending I-751 that is causing this issue but that is still not a reason for them to delay N-400 that is its own separate application.

N-400 cannot be approved if I-751 is not approved. N-400 is not independent of I-751.

 

Did you submit inquiry on I-751, N-400 or both?

[cooleynata 9]

Thank you. but I thought that the two applications are independent. I understand approval point and that when we go to an interview the officer will decide whether to do a combined interview or say need to wait for I-751, but I don't think it means my N-400 can be ignored. I've seen many cases where a combined interview was done without any issue. In fact most people I understand apply for N-400 even while I-751 is pending. 

 

I submitted only in relation to N-400. 

[OldUser 10,389]

1 minute ago, cooleynata said:

Thank you. but I thought that the two applications are independent. I understand approval point and that when we go to an interview the officer will decide whether to do a combined interview or say need to wait for I-751, but I don't think it means my N-400 can be ignored. I've seen many cases where a combined interview was done without any issue. In fact most people I understand apply for N-400 even while I-751 is pending. 

 

I submitted only in relation to N-400. 

That's true, many people's I-751 get pushed because of N-400. But it's never guaranteed. N-400 cannot be adjudicated by law until I-751 is adjudicated (together or not).

 

I'd also try submitting inquiry for I-751 or seek lawyer to file Writ of Mandamus on I-751 and N-400.

 

How's the marriage? Is everything OK?

[cooleynata 9]

Thank you. The marriage is ok. We have had a child together since filing I-751 and N-400. There are some rought patches, but would that have an effect on I-751 or N-400?

 

Separate question, if five years pass since I've had a green card (with the I-751 extension), can one apply for a separate N-400 based on the fact that I'ved lived in the US for five years with a green card?

[OldUser 10,389]

41 minutes ago, cooleynata said:

Separate question, if five years pass since I've had a green card (with the I-751 extension), can one apply for a separate N-400 based on the fact that I'ved lived in the US for five years with a green card?

I applied on 5 year rule, even through got GC through marriage. My I-751 was approved at the time I filed N-400 though. Nothing stops people from applying under 5 year rule if I-751 is still pending.

 

In your case though, you could withdraw current N-400 and apply for new N-400 under 5 year rule. Maybe that will move things a bit, but no guarantees again. You don't want two N-400 applications pending.

 

When you talk about rough patches in marriage, how severe? Did any of you move out? Were police called? Sometimes when USCIS suspect marriage won't last, they sit on case. But your delay may be totally unrelated 

[OldUser 10,389]

54 minutes ago, cooleynata said:

There are some rought patches, but would that have an effect on I-751 or N-400?

Sure, marriage needs to be bonafide and you need to live in marital union if you're seeking approval of jointly filed I-751 or N-400 based on marriage.

 

Did your spouse or anybody call / wrote to USCIS saying bad things about you?

Edited Saturday at 03:00 PM by OldUser

[cooleynata 9]

Everything is great with the marriage. We have had a kid, love together, live together file joint taxes.

[OldUser 10,389]

1 hour ago, cooleynata said:

Everything is great with the marriage. We have had a kid, love together, live together file joint taxes.

 

2 hours ago, cooleynata said:

There are some rought patches, but would that have an effect on I-751 or N-400?

 

 

But what about rough patches? Does anything I mentioned above apply (police calls, separation, letters to USCIS from US citizen). If not, then it's just bad luck.

[P055UM 348]

8 hours ago, OldUser said:

N-400 cannot be approved if I-751 is not approved. N-400 is not independent of I-751.

But equally an unapproved I-751 isn’t a reason to not move ahead with an N-400 interview, right?

 

I was under the impression that whilst adjudication of an N-400 is of course not independent of I-751, its processing up until the decision, is independent. Otherwise I’m unclear how anybody would ever get an N-400 interview before I-751 is approved. 

[Crazy Cat 45,265]

7 minutes ago, P055UM said:

But equally an unapproved I-751 isn’t a reason to not move ahead with an N-400 interview, right?

I believe the Field Office has a lot of discretion.  I think I remember cases where they did the N-400 part first, but waited until after the I-751 was received and adjudicated prior to approving it. 

[Mozillaman 60]

If it were me, I'd use the unsolicited evidence form on the USCIS website to upload newer copies of tax transcripts to both, new marriage evidence to both, etc. Adding evidence can trigger someone to look at it, and it also sets you up well to then informally ask your local representatives to message USCIS on your behalf and ask what's up. You're taking a while; but not THAT long outside normal processing; so make the officer's job a little easier with some obvious evidence of a good relationship and give it a nudge.

 

If you've had any encounters with the law, and especially any abuse complaints, you're going to be waiting a while and will want to engage a lawyer.

 

Last, no, there's no reason to re-file a new 5-year N400 now. They couldn't approve it until they handled the I-751, either.

[Fr8dog 474]

This is sounding way too familiar for me. So here are my two cents.

 

I-751 is stuck somewhere between the lock box you sent it to and the field office for whatever reason. (too many applications, hiding in a box somewhere, file fell of a desk. You get the picture). You then file the N-400. This is like hitting the emergency brake. The NBC demands your file to be sent to them immediately and everybody starts looking for it. ones it's found it gets sent to the them and you get put into the cue for the N-400.

If the N-400 application is ready and complete your file gets send to your field office. The field office then puts you in line for the N-400 interview and starts working on the I-751 as well. if both applications are correct and ready around the same time, it's combo interview time. If one is done way before the other you get whatever interview is ready first and have to wait for the other.

 

N-400 cannot get a final approval before the I-751 is approved and closed out. 

I had my I-751 jarred loose by filing the N-400. Had that interview way before the N-400. Than had the N-400 interview while the I-751 was still waiting on the final decision. Received a letter with the "recommending approval" of the N-400 while leaving the office after the N-400 interview. I received the approval notice for the I-751 shortly after that and then the approval notice for the N-400.

 

When you filed your service request, did you do that for the 751 or the 400? The I-751 may be outside the window (no idea what the use for it nowadays) but is irrelevant as your N-400 trumps it.

The clock for the N-400 window started the moment they received your N-400 application. I checked the site and it does. say June is outside, but 09/18/2024 is the first date that returns "within normal times" so that 9.5 is optimistic.

 

You need to find out where your actual file is, I was able to have them look it up in their system for me during my info pass appointment for a 551 stamp. Your local congress person may be able to get some info for you. 

[cooleynata 9]

Thank you for all your responses. I only submitted for N-400 because it is outside normal processing time. It says that my I-751 will be outside at the end of November. So I will submit the e-request then. 
 

in the meantime. I will reach out through my congressional office to query about the status of both applications with USCIS.