sfo-user

16 hours ago, Cloggie said:

Today I received the following message:

 

"The status of this service request is:

USCIS systems indicate that your case is awaiting an interview. Your local USCIS Field Office will contact you once they are able to schedule the appointment."

 

Does this message imply some movement? Or, is it more of the same?

23+ months since I filed...unbelievable!

 

Q

Should I call the Local Field Office?

 

Thx

 

Q

My guess is that there is some movement. If you filed online check if there's an interview notice letter on the website for you. It took some time for me to get the email and I still haven't received the physical notice. FWIW, it took about a month for my FOIA to complete (I just got an email notice) and they scheduled my interview within a few weeks of filing the FOIA request (I got the notice about a week ago). 

12 hours ago, Guido51 said:

hi i also submitted a request for FOIA but it was a simple form that asks for info about my application. You said you submitted paperwork etc. i just want to make sure I submitted the right thing for FOIA

This is the page i used: https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

Is this how you also did it? did you send a physical paper or form?

 

No paperwork to submit. Just had to look up info.

On 3/7/2022 at 7:47 AM, Kristina B. said:

I don't know if it was because of the FOIA request, but my interview is now scheduled for April 1st!!!

Same. Filed FOIA last month, which I had been advised against doing in the past, and they just scheduled the interview for next month. I'm kicking myself for listening to lawyers and having just spent another $500 on a lawyer to write letters to representatives and ombudsperson. However, if I can finally move on and avoid a mandamus lawsuit then that'll be quickly forgotten.

Clearly, the answers are in an online forum. Thank you to the user that discovered and suggested this approach. The FOIA online form only took half an hour including looking up paperwork. Make sure to manually check for updates to both FOIA and N400 application as I've not been receiving email updates for either lately. 

On 2/13/2022 at 8:07 AM, Guido51 said:

hi everyone, my case says online "Estimated time* until case decision: approx. 6 days"

 

but i didn't receive any interview date or anything after biometrics. have i missed a letter? what does this "6day mean"? i just don't want to miss an interview or anything like that without knowing.

 

thanks if anyone can help.

I've not been receiving email updates as of late either. If you filed online you should check the website or use an app like Lawfully. 

2 hours ago, JustBelieve said:

I am kinda confused... What is stoping you guys from filing FOIA?

I waited because several lawyers told me that it would cause processing delays. They've been wrong about everything so far and their tardiness was the reason why I ended up filing during COVID instead of before. So, I've filed the FOIA now. It only takes a few minutes and doesn't require any preparation. I've done the whole contacting representatives and contacting USCIS spiel ad nauseam.

On 1/16/2022 at 3:05 PM, Aladd1n said:

Is it worth it to submit FOIA request ?  I'm thinking of submitting one but I've read mixed feedback about its result.

What would one ask for in the FOIA request? 

On 1/18/2022 at 5:18 PM, thewaitingame said:

I thought the place that got stuck was Federal Records Center (FRC). NRC (National Records Center) is USCIS's record center. I believe these are 2 different places. NRC is still working like usual. FRC is where they have reduced working capacity

Congress Person was told by USCIS that it is the NATIONAL records center and that it's only operating at 25% capacity and that it had been closed for quite some time. Obviously, it's a boilerplate response just like the claim that they are processing applications in the order they are received.

45 minutes ago, Scandi said:

Here is one post from September 2020 who successfully filed a writ of mandamus (sued USCIS) for their K-1 process, and this is the price range apparently:

"It took a total of about 3 1/2 months from the time they were served to finish. Definitely worth it. I have read some members giving incorrect information that the WoM could cost around $15,000 and read other outrageous numbers. It does not. I checked numerous lawyers before hiring mine and have received quotes anywhere from $4000 to $8000. Definitely have not heard more. I paid for my consultation which was then applied towards my WoM.  My lawyer charged me on the lower end than most.  I hired Jim Hacking of The Hacking Law Firm. I would only recommend him."

I’ve heard $3-10k and it’s flat rate unless USCIS goes to court (in which case you can say goodbye to your life savings). I think $3-4K is the norm.

Obviously, not cheap but for some of us (e.g. people from Germany) it’s a matter of becoming citizens or not (I doubt they’ll change German citizenship laws in time for us). Getting a dual citizenship permit from Germany or extending it is neither free, quick, or guaranteed. 
 

Also, the lawyer told me that USCIS apparently has stopped giving 551 stamps if your green card has expired due to all these delays and you’ll need to file and pay for a new green card to get a 551 stamp.

I forgot to mention that he also said that I could ask senator / congress person to apply more pressure or file a detailed ombudsman complaint where you list damages and your plan to sue as next step. We both agreed that the senator / congress person path is pointless as in California they don’t have bandwidth / incentive / interest to help you. Ombudsman is a ####### shot. It might work or you might waste another six months for a boilerplate response. 

21 hours ago, Cloggie said:

I am in the same position. April 2020. Perhaps kick back and not worry about it anymore…

I’m not able to kick back since it’s affecting my life too much plus I have to deal with expiring dual citizenship permits.

Also, I spoke with a lawyer and he said that suing usually forces them to act as it’s not worth their time to go to court but it’s expensive. He said his most recent case had been stuck for three years with no progress in sight and suing resolved it in about three months.
 

My takeaway from our conversation as to why my case is stuck was that they’re prioritizing recent immigrants over long term residents. Reviewing long term residents is a lot more work and makes it harder for them to hit their numbers.

Same re joint lawsuit. After consulting with lawyer it sounds like a lawsuit is the fasted and most reliable option either way.

2 hours ago, Libertate said:

Sorry to hear about your situation. In my case FOIA request had actually helped and my interview got scheduled after FOIA moved to step 3. 

Re suing USCIS: I've been trying to build a group here to file a class action suit and it looks like only 5-6 people are interested. Not enough...

Either way, if there is a lawsuit against the USCIS that I can join I would love to do this.

Did you file a FOIA request after you found out your case is stuck? What kind of FOIA did you file? What is step 3? Can we even sue USCIS or would we have to sue the NRC?

1 minute ago, thewaitingame said:

Yeah I brought this up before, FOIA is processed at NRC. Requesting FOIA would basically tell USCIS to send files to NRC and not the other way around. As step 3 in the process is "Your responsive documents have arrived at the National Records Center."

Sorry, I don't understand what you mean by that. So, my case is indefinitely stuck there without any recourse, including lawsuit? I've not requested a FOIA.

So, I’m f**cked, right? No interview or oath this year? Is there even a point in suing? I applied 22 months ago and they’ve not even started on my case.

“U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case is currently pending the completion of pre-processing checks. Our records further indicate that the National Benefits Center has requested your constituent’s file from the National Records Center (NRC). Like other Federal agencies, USCIS has taken necessary measures to mitigate the spread of COVID-19. Throughout the course of the COVID-19 pandemic, our agency has worked to balance the safety and health of our workforce with the needs of our applicants and petitioners. The NRC is currently operating at 25% staffing capacity after weeks of being closed due to local COVID-19 safety protocols. As a result, the NRC is only transferring urgent case files. USCIS expects your constituent's file to be transferred to the National Benefits Center in the upcoming months, when staffing capacity at the NRC increases to fulfill routine file requests. We understand your constituent’s concerns regarding the processing of his application. USCIS is striving to resolve these issues as soon as possible."

"However, the local field office is unable to expedite or schedule an interview until the pre-processing is complete at the National Benefits Center. We are unable to determine when the pre-processing will be completed and ask your patience and understanding while this situation persists.”

So, I’m f**cked, right? No interview or oath this year? Is there even a point in suing? I applied 22 months ago and they’ve not even started on my case.
 

“U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case is currently pending the completion of pre-processing checks. Our records further indicate that the National Benefits Center has requested your constituent’s file from the National Records Center (NRC). Like other Federal agencies, USCIS has taken necessary measures to mitigate the spread of COVID-19. Throughout the course of the COVID-19 pandemic, our agency has worked to balance the safety and health of our workforce with the needs of our applicants and petitioners. The NRC is currently operating at 25% staffing capacity after weeks of being closed due to local COVID-19 safety protocols. As a result, the NRC is only transferring urgent case files. USCIS expects your constituent's file to be transferred to the National Benefits Center in the upcoming months, when staffing capacity at the NRC increases to fulfill routine file requests. 

We understand your constituent’s concerns regarding the processing of his application. USCIS is striving to resolve these issues as soon as possible. However, the local field office is unable to expedite or schedule an interview until the pre-processing is complete at the National Benefits Center. We are unable to determine when the pre-processing will be completed and ask your patience and understanding while this situation persists.”

Any thoughts about using the "Outside Normal Processing Time" USCIS form? Concerns? Experiences?

https://egov.uscis.gov/e-request/displayONPTForm.do

"Do you have a case pending with USCIS that is outside the normal processing time?" 

Yes, 6 months beyond median of office, 4 months beyond official max of office, and 12-15 months beyond national average and a remaining processing time of 10+ months. 

14 hours ago, Linamona said:

Everything, called senator, congressman, White house,  the third party joke middle man but I called their 1800 number daily , level two officer, the national archive center. It depressed me so much, so absolutely ridiculous   

I've contacted congress person several times and they're being ignored by USCIS. So, I can also contact a senator and the White House as well? Might be worth trying before suing.

19 hours ago, Libertate said:

Hello, can you please ask your lawyer if it is possible to file a class action suit? 

I see a lot of people are interested in some form of legal action. I am ready to contribute as much as it takes to sue the USCIS. 

My lawyer doesn't handle lawsuits. I will try a few other options first but will start talking to lawyers that do in parallel and share that idea with them and see what they think. 

1 minute ago, AH2020 said:

Regarding the BBG, I picked up my extension in LA this morning and I am now good until November 2023. I thought it would only be extended for 1 year but they actually gave me 2. If I am not naturalized by Nov 2023 I think I will give up. 

 

I too am considering filing a mandamus but I will definitely wait until I reach 2 years, which will be end of April for me. Moving is not an option for me. The San Diego field office is actually not doing too bad, 10.5-15.5 months currently. The problem is that I am already at 20 months. Arrrgh! Mandamus will be my last resort, but I am fully prepared to file it if needed.

Yeah, I'm obviously really trying to avoid moving as it would have severe personal consequences but I'm just so sick of living in limbo my entire life. I guess, I'll find out next month if my BBG was extended by two years. I think usually it's one year but hopefully it will be two years for me as well. On the German dual citizenship self-help group a member just told me that it took 10 weeks in Ohio. Yeah, they applied in October 2021.

1 minute ago, JustBelieve said:

Filing a lawsuit $3k or more (assuming nothing is pending on the applicant), it is almost guaranteed that they will pick your case and resume to work on it. USCIS would rather process your case than spending time and cost to deal with lawsuits. Good luck.

Oops, I missed that they said this was caused by a transfer but can't edit my comment.

I'm considering the lawsuit and got similar quotes. With my luck I'd be the one person they'd fight in court though. I'm going to wait a few more weeks for a response now that the NBC has sent my inquiry back to SF and am simultaneously going ask the congress person to file for 'expedited' processing, which will cost me around $200 in translations and notarizations. It sounds like my BBG was extended since they've asked me to pay the $300 fee but the extension is only valid for 12 months and I highly doubt that USCIS will review/approve my case within 12 months. Their current estimate is for a total of 34 months. 

Yet, they claim that my case is being processed in the order it was received. However,  my lawyer tells me that their other applicants the same my field office get approved within 12-15 months and on German online forums people report getting approved as quickly as 2-3 months in some offices and most taking around a year.

22 hours ago, AH2020 said:

I got another email  from the Ombudsman today, unfortunately there is nothing they can do at this point:

 

 

We are writing in response to your request for case assistance from the CIS Ombudsman’s Office.

Our review indicates that U.S. Citizenship and Immigration Services (USCIS) must receive a related file in order to resume processing your pending application/petition. USCIS is experiencing serious delays with file transfers due in part to measures taken to ensure employee safety during the COVID-19 pandemic. Unfortunately, there is currently no estimated time frame for the required file transfer. Therefore, our office cannot give you any additional information about when your case will be adjudicated.   

The CIS Ombudsman’s Office is independent from USCIS and does not have authority to adjudicate a case or compel USCIS to take action on a pending case. Because USCIS’ adjudication depends on receiving the necessary file, we are closing your request for case assistance at this time. Our office, however, will continue to work with USCIS to address systemic issues associated with file transfer and other processing delays.

Next Steps
We encourage you to continue to monitor your case status online and reach out to USCIS directly. You can submit a case status inquiry; chat with Emma, USCIS’ online virtual assistant who can connect you to a live chat agent if she cannot answer your questions; or call the USCIS Contact Center at 1-800-375-5283. We have a tip sheet on how to reach out to the USCIS Contact Center most effectively.  

To obtain additional information and explore USCIS’ customer service tools and resources, visit the USCIS Tools and Resources page.

If you still have not heard from USCIS six months after the date of this email (for example, received a request for evidence or interview appointment), you may reply to this email, and we will review your inquiry again. Please include “Re: File transfer delays” in the subject line of your email, your service request number(s), the date(s) you contacted USCIS, and USCIS response(s), if any. We will review your email and inquiry within two weeks of receipt to determine whether we are able to assist.  

We appreciate that adjudication delays are frustrating but hope you find this information helpful. Thank you for your continued patience.  
 

How does one contact the ombudsman? I and congress person have contacted USCIS field office and national benefits center but not the ombudsman. SF field office didn't respond to congress person but were previously told that we need to contact national benefits center. National benefits center responded to my inquiry and says we need to contact SF field office. 

Assuming that you're also dealing with the BBG, have you looked into filing the mandamus lawsuit, selling your house and moving to a better field office, or going back to Germany? I'm honestly weighing those options at this point, even though the latter two would have severe personal consequences. However, I can't carry on living in limbo anymore. This has been going on for my entire adult life and most of my life and my BBG is about to expire. 

Does anyone know what to expect from filing a mandamus lawsuit? How much time, effort, and money does that involve? Could it trigger retribution from USCIS, e.g. causing even more delays?

On 12/3/2021 at 5:50 PM, JustBelieve said:

Yeah so this the ####### that I don't get.
If applications are processed in order they are received, why newer applicants are completing their process before old applications IN THE SAME FU**N FIELD OFFICE? Can anyone help me understand this please?

Yes, I've heard from people who got approved in 2-3 months. Granted, in a field office with slower posted processing times (LA). My lawyer also told me that they have clients who filed a year after me and who already got approved. So, I know for a fact that the "we process them in the order we receive them" narrative is not true. They didn't even start processing my case until after biometrics, which took 16 months to schedule. 

On 12/3/2021 at 10:25 AM, AH2020 said:

You can get a 1 year extension to the dual citizenship permit. Mine expires in March 2022 and I had to get an extension too. Of course you will have to pay the EUR 255 fee again. Although at this point I almost doubt that we will be naturalized by March 2023. 

Yeah, why'd they process our cases at all? Meanwhile, I know of people who's cases were processed in 2-3 months. Virtually the same background, the same state, and the same online application. The only reason I'm still here is for personal reasons but we'll have to have a serious talk about going back if there's no progress within a few months. 

1 minute ago, Kristina B. said:

Mine expired in October and I reached out directly to the person that I had communicated with when I received the original one. I had to mail in a form and got a positive response within a week. Just waiting to hear from Atlanta now that I can pick it up. Something doesn't sound right with the information you were given. 

Yes, we’re talking about the same form then. I’ve just been ‘corrected’ dozens of times that it’s not an ‘extension’ by lawyer and forums but a ‘new’ application. 

31 minutes ago, AH2020 said:

No, definitely not a new one. It took only a few weeks and they send me the payment instructions and then mailed it off to the consulate in LA. I will need to pick it up there (it has not arrived yet). I called them before I send the application and they told me they get the extensions done quickly. You should call them. 

We’re talking about the Anschlussurkunde, right? Yeah, mine was denied 5 months ago and I applied again 2 months ago. So far, crickets. I’ll contact them again on Monday.

Just now, AH2020 said:

You can get a 1 year extension to the dual citizenship permit. Mine expires in March 2022 and I had to get an extension too. Of course you will have to pay the EUR 255 fee again. Although at this point I almost doubt that we will be naturalized by March 2023. 

It’s not technically an extension but a new application. I think it used to be an extension. 

My lawyer applied for a new one in June. They denied it. I applied again two months ago. So far, no response. How long did it take for your ‘extension’?