Libertate

Hi Family, it's not that I want but have to disengage since my oath is next week and I have no legal footing to participate in a legal action against USCIS as part of May 2020 filers group. However, I'd like to be in the loop of any grass root action against USCIS and would like to contribute to the cause. You can absolutely use my name and my posts for that. USCIS has inflicted great suffering upon a huge amount of April-May 2020 filers. Making the bureaucracy understand that there is a person behind each "A" number is a noble cause that I will gladly support.

I applaud your efforts and have been dropping your name and ref to your most recent post every chance I get .  I will stop if you wish to disengage from the issue…

I posted about this in April and May 2020 filer discussion. 
I needed 30-35 people, whose cases were stuck, to form a class. I was willing to become a lead plaintiff on it and didn't mind investing a 5 figure amount in the process. The idea was to hold USCIS accountable for the unreasonable delay in processing applications of April-May 2020 filers and request the application fee back. Because USCIS does not refund application fees the matter most probably would have gone to court (which is all i needed to create a buzz and certify the class).
I don't think that people on this forum are ripe to form a class action. This requires dedication, money and time. There were 8 members that were interested and most of them are already citizens after FOIA. 
The whole class idea is kind of pointless from legal perspective as USCIS could have easily made our case moot by granting our citizenship. But wasn't this what we were essentially fighting for?

Although jokingly, but yes, i do suggest volunteering. If employment history takes a hit, the applicant can make a case that they are a very energetic person and regardless of 3 jobs still has time to volunteer and be involved in their community. 
 
"In general, an officer must consider the totality of the circumstances and weigh all factors, favorable and unfavorable, when considering reformation of character in conjunction with GMC within the relevant period. The following factors may be relevant in assessing an applicant’s current moral character and reformation of character:
Family ties and background;
Absence or presence of other criminal history;
Education;
Employment history;
Other law-abiding behavior (for example, meeting financial obligations, paying taxes);
Community involvement;
Credibility of the applicant;
Compliance with probation; and
Length of time in United States."
https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

Yes, this is AIC. 
Before AIC decided to move on this, I also wanted to gather a group to file a class action suit but, coincidentally, USCIS scheduled me and my oath ceremony is next week. 
 

"AIC is willing to take your case on a pro bono basis – meaning you should not have to pay any legal fees if you decide to work with them and become a plaintiff in their lawsuit.
 
The lawyer in charge of organizing the case is Leslie Dellon.
 
If you would like to explore the possibility of suing USCIS to compel the agency to act on your case, please contact AIC.  They have set up the email mailbox below.
 
When you send the email, please include a short summary of your situation.  Please also indicate if you have a lawyer or not.
 
N-400outreach@immcouncil.org
 
I wish each and every one of you great success in the next steps in your naturalization process! "

The fact that in USCIS world you exist as 4 different aliens is very troubling. There are 2 potential risks in this situation: 1) USCIS may not have all of your 4 A-files, 2) even if they have them they are so inept that they need constant nudging to get to your case. 
To mitigate risk #1 you need to file FOIA for all 4 A-numbers and request all your A-files. This will help retrieve your A-files from various caves in NARA and deliver them to USCIS and to you. Then, you need to work with risk #2 and nudge them by filing outside of normal processing time requests, requesting call backs from Tier 2 officers by calling their numbers, contacting congressmen, senators and DHS ombudsman pointing to the fact that you have 4 A-files which you might present as clear USCIS error that is causing your hardship and utter suffering.
 
All this may not yield immediate results but you are waiting anyway and it is unlikely that these actions will extend the delay. At least you might feel that you are doing something. 
 

Answer "yes" and don't worry about this. That's what the interview is for. Some people reply that they are Costco or Sam's Club members in response to the question that asks about affiliations and membership in various groups.
On my N400 I responded that i had received weapons training (even though it was a simple safety training for my carry permit). They got a little bit excited but then lost interest when i explained what it was about. 

This is related to delays with retrieving your A-file from NARA. A lot of filers have been waiting for months because of this. You were lucky that they had even scheduled your interview. 
File FOIA and request your A-file, this will move things along. For details about FOIA, see discussion for April or May 2020 filers. 

This is related to delays with retrieving your A-file from NARA. A lot of filers have been waiting for months because of this. You were lucky that they had even scheduled your interview. 
File FOIA and request your A-file, this will move things along. For details about FOIA, see discussion for April or May 2020 filers. 

Yes, my FOIA had been completed before my interview, although I couldn't download my actual files, just the acknowledgement letter. My wife's complete A-file was available though. 
Received my Oath ceremony notice today for 3/17. 

Update: 
 
Filed FOIA 12/7/21, they found our files in their cave. My wife and I had our interview today at Minneapolis field office. We applied on the 5-year rule. The whole thing took about 40 minutes. They didn't ask us a lot of questions probably because I uploaded all files starting from our tax account transcripts to my SIL registration. They only asked me 6 civics questions and didn't even go with me through the questions about communism, armed groups, nazi germany and other fun stuff. Gave me a paper that said that I was recommended for approval (same for my wife). Status in my account changed to "oath ceremony will be scheduled." Same-day oath was not available and they don't do it in Minneapolis. Everything looked like a formality as if everything had been decided even before the interview. Still want to sue these guys for 2 years of waiting. Unfortunately, not enough people for the class action as I had hoped. 
 
Regarding FOIA: it is your right to do it and their responsibility to provide you with your A-file. When you file for naturalization you are filing for an immigration benefit. That's why they can delay it and do whatever they want because it is a benefit. You cant really make them do anything. FOIA is a different game though. Now it is your right to get your A-file, and having received it, USCIS can no longer pass the buck to NRC, NARA or whatever. In my opinion, if you haven't already filed FOIA and are still waiting -- just file it. 
 

Update: 
 
Filed FOIA 12/7/21, they found our files in their cave. My wife and I had our interview today at Minneapolis field office. We applied on the 5-year rule. The whole thing took about 40 minutes. They didn't ask us a lot of questions probably because I uploaded all files starting from our tax account transcripts to my SIL registration. They only asked me 6 civics questions and didn't even go with me through the questions about communism, armed groups, nazi germany and other fun stuff. Gave me a paper that said that I was recommended for approval (same for my wife). Status in my account changed to "oath ceremony will be scheduled." Same-day oath was not available and they don't do it in Minneapolis. Everything looked like a formality as if everything had been decided even before the interview. Still want to sue these guys for 2 years of waiting. Unfortunately, not enough people for the class action as I had hoped. 
 
Regarding FOIA: it is your right to do it and their responsibility to provide you with your A-file. When you file for naturalization you are filing for an immigration benefit. That's why they can delay it and do whatever they want because it is a benefit. You cant really make them do anything. FOIA is a different game though. Now it is your right to get your A-file, and having received it, USCIS can no longer pass the buck to NRC, NARA or whatever. In my opinion, if you haven't already filed FOIA and are still waiting -- just file it. 
 

My case has been stuck since I filed in May 2020. I filed FOIA on Dec 10th and requested my A-file to leave USCIS no legal ground to stand on since they had been claiming that they couldn't process my N-400 because they didnt have the A-file. Because USCIS is the "owner" of all A-files they act as an intermediary between me, the requestor of my A-file under FOIA, and the National Archive where A-files are stored.
It is clear that a particular group of filers (i.e. April-May 2020 filers) bears the brunt of government incompetence and is in a way "targeted" or "discriminated against" since many other filers who filed after us are already citizens. Because we all paid an application fee and can establish that our cases are "approvable" there are multiple ways to play this out. For example, we can sue USCIS for the application fee but USCIS cannot refund it because there is no legal framework for them to do so. They only refund fees if they made an error. They wouldn't do it because that damages their reputation.
We can also file a mandamus actions against USCIS under Administrative Procedure Act for unreasonably delaying our cases. If there are those who are materially affected by this delay (your business is affected, you cannot get a certain job etc) then it might be possible to sue them for damages.
USCIS does not like to be sued and allow federal judges go through their dirty laundry in federal court. If there is even a hint of a class-action suit, believe me, our petitions will be processed in no time to make our case moot.

Thank you! I filed 5/2/20. My field office is Minneapolis, MN.

My logic that filing FOIA triggers a new request to the record center actually worked. Could be a coincidence but my and my partner's cases (filed on the same day) just moved to the "interview scheduled" stage. Both interviews were scheduled for 2/7/22. Kind of a bummer because I decided to move to an area with better processing time to help my case. Luckily, AR11 has to be submitted within 10 days of the move and because I am moving 2/1/22 I can still go to my interview.

The logic in filing a FOIA request is this: 
1. N400 is an immigration benefit application, it is not a right
2. FOIA is the right to request information from any federal agency. 
 
The main predicament with April/May filers is that USCIS does not have their paper A-file because those files are somewhere in the National Archive. N400 applicants, the USCIS, senators and ombudsmen cannot compel NARA to expedite sending the A-file. However, if an applicant uses their right to request the A-file, then NARA must send it to the USCIS, which in this case acts as an intermediary between the applicant and NARA. As a result, the USCIS receives the applicant's A-file and can no longer claim that it cannot adjudicate the case because it doesn't have the A-file. 
Another reason to file a FOIA request is to have the A-file in case this matter with April/May filers becomes a class action suit. I rolled this idea in a different topic but it didn't receive a lot of attention. If there are 30-40 people that are ready to join the suit it could be possible to at least certify a class action. The class action will attract much more attention from the press than our individual stories. Maybe then the USCIS will take us seriously and end this 19-month ordeal.

Hello VJers! 
For several weeks I've been reading this and other threads for April/May 2020 filers and it just breaks my heart seeing that so many people are affected by the delay with processing our applications. My prayers go out to all of you who are still waiting. As a May 2020 filer from Minneapolis, MN I am in the same situation as many of you. However, I am quite fed up with sitting and patiently waiting and I would like to do something about this! There were many good suggestions in this forum, such as filing a writ of mandamus or taking USCIS to court individually. 
But has anyone considered bringing a class action suit? I haven't really investigated this issue and don't know if certifying a class is possible under the circumstances,  but if it is, I am willing to participate in this both personally and financially. If there are lawyers who are interested in representing us as a group, please send me a private message. I am sure that there are enough members here to crowdfund a legal action against USCIS and FRC on behalf of April/May filers. If you would like to be contacted, please identify yourself by "liking" my message so I can get in touch with you. If there are 40-50 filers willing to participate in this we may be able to certify the action as a class action. Just certification alone, may be sufficient to generate the necessary publicity to get USCIS, FRC or both to expeditiously adjudicate our cases in order to make our motion moot and thus ineligible for judicial review. Whatever works.. if this speeds up at least 50 cases that is already a good enough outcome.