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  1. Just filed Hubs' N-400 on 6/4. He's been eligible for nearly 7 years; we just let life get in the way. Welcome to the thread!
  2. What is a Mandamus ? A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) Here is the basic essence of wom process : Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer. The complaint will need the following information 1) Nature of the Complaint: You can write the complaint in simple English using the above template document and asking for something like below : Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751) with receipt number WAC21900XXXX and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed. 2) Second part is jurisdiction in the compliant . You can says that the court has jurisdiction cause you live there as per 8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district you reside if the defendant is a United States officer 3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X) So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision on your case in. 90/120/150 days “ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below You talk about the i-131/i-485/i-751 Petition you filed . You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1) you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12) and failed to adjudicate your case as set by Congress. 4) Last part of the complaint is relief This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end That is the end of complaint and your mandamus (Writ of Mandamus) It should be about 4-5 pages max 5) Attachments You attach a print out of your i-131/485/751 receipt, green card( if applicable) , USCIS processing time print out from USCIS.gov website Along with complaint you need the following 1) civil cover sheet 2) summons Here is a link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form ) link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form ) Step 2: Filing the complaint with court: Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons Make a check for 402$ for filing fee Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. Step 3 Serving the Complaint to defendants (USCIS/DHS) : So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers Address for US attorney can be obtained by calling your local us attorney office USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485 Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001 So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate.
  3. Hello. I have been a Permanent Resident since 2/26/19. Single male, no kids. Never travelled outside of USA since I arrived in USA and don’t plan to either as PR. I have a 5 year waiting period. I hired an attorney to process my PR so I will be using the same attorney to apply for Naturalization. What documents do I need to gather/prepare?
  4. Used the old people way, mailed my package out. It was received on Dec 2nd. Hopefully I'll get the NOA receipt very soon. Knock woods folks!
  5. As we approach October 2022, creating a thread for those planning to file N-400 in October 2022
  6. OK, so we want to retire to the Philippines in about 2 1/2 years. We have filed I-751 and my wife's provisional green card was created June 2021, so I believe she can apply for citizenship 90 days before the same date in June 2024. I'm thinking that we should make her and her child (my stepchild who I plan to adopt) dual-citizens before we retire to the Philippines because we will want to visit the USA whenever we like. If my wife and step-daughter only have green cards, then we will have to return to the USA every year and renew their green cards in 10 years (after they receive their 10-year green cards). Has anyone here dealt with the same situation? My plan is to have her apply for citizenship when eligible which would confer citizenship on the child as well, then apply for dual citizenship at the Philippines consulate in the USA. I also plan to adopt my step-daughter because she would be eligible for Social Security benefits until she reaches 18. I will be applying for Social Security in the next few years. Does anyone here have experience with this kind of situation? Is there anything I am forgetting, or any flaws in my plan? Is it very important for her to become a citizen, or is it possible to deal with the challenges of the green card? (wife is worried about the citizenship test).
  7. Applied for spouse (Home maker) after 9 years on GC (EB-2). Here is the timeline and hers is a simple case with no job and no criminal/citation history. Only took 90 days to get naturalized and exactly 7 weeks to get Interview notice generated. Applied - Aug 16th, 2022 Notice generated and Bio reuse - Aug 16th, 2022 Interview notice generated - Oct 7th, 2022. Interview - Nov 9th, 2022 Oath - Nov 14 2022. Applied mine ------------------------ Applied - Oct 09th, 2022 Notice generated and Bio reuse - Oct 09th, 2022 Not like my wifes, mine is taking some time and hoping to see an interview letter generated by years end, hopefully.
  8. Our judicial oath ceremony is scheduled for 8/25, and per the suggestions on this forum we are thinking of getting passports and passport cards first, /then/ using the passport card when updating our names on our Social Security cards, then using that to update bank accounts, names used for payroll, etc. Problem is... expedited processing now takes an estimated 7-9 weeks, and normal processing takes 10-13. Not including mailing time. What happens if, say, we end up with W-2s with our old names? And... Given this timeline - is taking an emergency trip out of the country to qualify for an urgent travel appointment the only recourse? We also thought of using expeditors but a) are not sure how much faster it is, and b) are told on another forum that those are currently not allowed to operate Thanks!
  9. Hello guys, I’m filing online n-400 form. When you put required documents such as tax return documents I can upload only 3-4pages. did it happen to you guys?
  10. Here's a news release about a man from Ethiopia who lied on his path to US citizenship many years ago. The law finally caught up with him here in Atlanta. https://www.justice.gov/opa/pr/man-convicted-fraudulently-obtaining-us-citizenship
  11. Hello, I could not find a general N400 thread for our St. Louis office. I want to create this post for all the applicants who are applying for N400 in St. Louis. This will help to see the estimated wait time for St. Louis office.
  12. Hi. For people who received their interview notice, about how long before the scheduled interview did you receive the notice? I am seeing that for people in my area (Los Angeles) people are having their interviews about 4 months after their biometrics, but I was wondering when they are receiving the notice for the interview, because this website does not record that. Thanks!
  13. Hi, We are planning to take N-648 for medical certification for disability exception for Civics and English testing. My mom came to USA on legal immigration upon my sponsorship about 6 years ago. She is having memory issues and unable to remember simple facts. She is regularly seen by her cardiologist for her cardiac issues (bypassed and stented twice). Cardialogist is willing to sign the paprework needed for N-648 . But, she feels she needs to refer her to someother doctor for some tests. She feels her cardiac trauma and medications she takes may be contributing to it. 1. Who should ideally sign the paperwork - referring doctor or referred doctor. We are not sure if referred doctor will be willing to go through the pain of filling the form 2. My mom is not taking any treatment or diagnosis for her memory loss till now. Will it cause any red flags with USCIS officer about the timing of the tests now ? 3. For translation, can we use a family friend or do we need to hire medical translation services. Require translation for a south indian language. Will using a personal friend as translator raise any red flags.
  14. Here's a report on our combo I-751/N-400 interview this morning at the Atlanta USCIS field office. The interview was scheduled for 8:50 am. We arrived at 8 am so we used the extra 30 minutes to review all of our documents, well-organized in labeled file folders, and the N-400 application one more time. We entered the building at 8:30 am, showed the two interview notices (I-751 and N-400), and went through security, then checked in at the reception window where an employee took my husband's photo and fingerprint to confirm his identity. Then we went up to the 3rd floor waiting area. About 45 minutes later, an officer came up to my husband and confirmed our names, then said he would be back in five minutes. When he returned he asked both of us to follow him to his office. Once seated, he asked for our driver's licenses, also for my husband's passport and expired green card. I noticed an open file on his desk, with all 500+ pages of the I-751 submission we sent two years ago. He then had us stand up and do an oath to tell the truth. Then he said he would first consider the pending I-751 and ask questions that either of us could answer, and some questions directed to one of us to answer. The first question was how we met (online initially, three months later in person). He asked a series of questions about why I proposed so quickly (on my second trip to Brazil, only five weeks after our first in-person meeting), and why my husband was willing to commit so quickly to marriage and potentially move to the US. I got the impression that the officer was skeptical about our relationship (we have a 27 year age gap, big income and education differences). We explained that we fell in love immediately when we first met in person, and wanted to be together, so we got married seven months after we first met. He then asked for additional documents to support our relationship, new information from the last two years while the I-751 has been pending. We gave him two years' of quarterly joint bank and credit card account statements, also five years of IRS tax return transcripts, married filing jointly. He looked at these additional documents, kept them, and then said "I am a big photo person, do you have any photos?" My husband handed him a file folder with about twelve pages of photos, 2 per page, from marriage to now, each with a brief description and date. As he flipped through the photos, his countenance changed. The look of doubt from before left his face, and he glanced up and said he was approving the I-751, then asked me to leave. I went to the waiting area while he continued the N-400 interview with only my husband. The officer did not ask to see any of the civil documents we had brought with us, but did ask or review most of the questions on the N-400 application. Then he asked six of the 100 history/government questions, and my husband answered all of them correctly. After that the officer did the reading and writing tests. Following this, he gave my husband a form N-652, Naturalization Interview Results, with two marks checked: "you passed the tests of English and U.S. History and government," and "Congratulations! Your application is recommended for approval." The oath ceremony letter will be sent via regular mail. We were all done by 10 am and drove home very happy and relieved that things went so smoothly. Based on my prior research, Atlanta USCIS schedules oath ceremonies for 4-6 weeks after the interview. Once that happens and he has his naturalization certificate, his US immigration journey will be over, five years after it began when I filed an I-130 petition for him back in July, 2018, a month after we got married in Brazil. I would like to thank all the regular contributors here on VisaJourney for your very helpful advice during this long process, as it has been invaluable to benefit from your experience and sense of community. Good luck to everyone!
  15. Hi, I am eligible to file for citizenship under the 3 year rule with a pending 1-751 (since August 2022) and I wanted to check with others if my evidence list would be sufficient or if there would be anything else I should include in N400 application. I have recently filed 1040X with IRS to amend my status on the past 2 tax returns and I scanned a copy of the signed 1040X’s so I can include that in the evidence also. I was advised it could potentially take up to 20 weeks for IRS to complete amendments, so I was hoping I can send the proof of amendment in my application. Current list of evidence: -Marriage certificate -Copy of front and back of green card -Husband’s birth certificate -2022 tax transcript -Tax returns and 1040X amended forms for both 2021 and 2020 -Lease agreements for past 3 years -Renters insurance -Health insurance (for me and my husband through employer) -PDF document comprised of photos of us over the past 3 years, including with friends and family (with dates and locations) I have bank statements, internet bills, phone bills and utility statements that I can send if extra evidence is recommended, although I have them printed so I can bring them to the interview. Lastly, I worked remotely for most of the past 3 years and I was confused on the application question that requires the location we worked at for each employer. From my understanding, would it be best to include the employer address listed on my W2’s and specify in my job role that I was a remote worker?
  16. @Mike E mentioned that it's best to use the Employer address on the W-2. I'm also a remote worker and my working location is my home address. On the W-2, my company uses a PO box, but on the Form 1095-C, they use the street address of my company. Can I use the street address instead?
  17. Starting a thread for those filing for naturalization in March 2023. My wife and I did this (timeline updated), scheduled for interview on July 13.
  18. Hi, I have my combo interview in 15 days (i751/N-400) and I am wondering if they are doing same day ceremony in Centennial CO - USCIS office? My interview will be right at noon.
  19. Hello All, My husband and I married October 18, 2020. He received his 2 year conditional green card in May 2022 (long delays, then RFE, then approval). When can we apply for citizenship? I'm hearing its a 3 year wait time from time green card was "issued". Just need help managing my timeline on what to do and when. Thank you!
  20. My interview was in 8th December 2022 for citizenship I'm still waiting for oath ceremony today I received reply from USICS that I requested name change so they are waiting for court to complete name change. Any one faced same situation? anyone know how long it will take to complete this process it has been more then 4 months I'm waiting for oath ceremony. My field office is Montgomery Alabama.
  21. Hey all! I have a few questions about documenting my employment history: In listing past employers, some of mine have different incorporated names on their W2's than the name of the business where I actually physically worked. Which one should I use for my N-400 -- the name/address I gave to the IRS or the name/address of the physical location? Some business I previously worked for have changed their name -- should I put down their old name (matching my previous tax filings) or their new name? There was a period in 2020 where I was transitioning from being fully unemployed to working for myself and continued filing for partial unemployment benefits -- I'm wondering if anyone else has accounted for time "partially unemployed" on their N-400? Currently my application says that my period of "unemployment" ended when I began working for myself -- should I extend my record of unemployment until whenever I actually got off unemployment benefits? Thank you! 😊
  22. Hello. My wife had her interview for the naturalization process (approved 😀) and I have a couple questions. The questionnaire on page 3 - is that to be filled out in front of an official at the swearing in ceremony? Or it can be filled out on the day of before we get to the court house? She intends to travel to Canada to visit her parents (not far from us) for less than a day and right back and then we'll be going back about a week after for maybe 1 night. We will mark box 2, yes we have traveled internationally - before the swearing in. Will that put her in jeopardy in any way? If not, how does that process work, when we have to explain any of those items if they are marked yes? We could attempt to provide some proof - namely, all I can really think of doing is using our NYS EX-Pass online records but that doesn't give a return date. Can we ask for something at both bridges on the way to and back? How does the swearing in work? It says on the form that it's 2-3 hours long! Is that because they have to individually address every person 1 at a time and everyone in the room has to wait? I sure hope we can at least sit for this process (until they ask her to stand)! Thanks!
  23. Hello. Help me please, We married on Jan 14 2019. I got my marriage based 2year green card on Sep 08 2020. I applied I-751 on Jun 2022 and it’s still pending. what date can I apply for N-400 citizenship?
  24. Hello wonderful people! I have applied for N-400 through mail a week back and still waiting for receipt notice. I am applying through the 5 years rule. My last biometric was done back in Apr 2017 as part of green card process. If you had applied as part of 5yrs rule, did USCIS reuse your biometrics or scheduled a fresh appointment? Any idea how USCIS decided to resuse biometrics? Thanks!
  25. Hello, I’m in between filing N-400( under 3 year rule)online or mail filing. Those who filed N-400 ( under 3 year rule), which way seemed better? if possible please share your timeline from I-751 to N-400. thank you.
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