Way behind on response!!!!

[xeni455 1]

I had my interview on the 27th of July, and I was told that a decision could not be reached at the time and that I would be notified in 2-4 weeks (My office has same day oath so I was pretty bummed).

No response arrived within the time frame I was told so I went and scheduled an infopass where I was told to wait up to 3 months before having the option to place in a complaint. Well I did so last Monday and I received a letter stating that the file was send for supervisor approval and that the supervisor had the choice of not answering up to 4 months, which actually in my case is November 27th. Now since the date is so close and I am getting more and more skeptical about recieving an answer within the time limit, what are my options on continuing forward with my application? Is there a complaint procedure for cases remaining unresolved 4 months after interview?

Help is appreciated!!

[nwctzn 55]

I had my interview on the 27th of July, and I was told that a decision could not be reached at the time and that I would be notified in 2-4 weeks (My office has same day oath so I was pretty bummed).

No response arrived within the time frame I was told so I went and scheduled an infopass where I was told to wait up to 3 months before having the option to place in a complaint. Well I did so last Monday and I received a letter stating that the file was send for supervisor approval and that the supervisor had the choice of not answering up to 4 months, which actually in my case is November 27th. Now since the date is so close and I am getting more and more skeptical about recieving an answer within the time limit, what are my options on continuing forward with my application? Is there a complaint procedure for cases remaining unresolved 4 months after interview?

Help is appreciated!!

As far as I know they are required to tell you their decision within 120 days after the interview. Then you can file for Writ of Mandamus if you still have not received an answer. In your case they still have time.

Below is some info found on the web:

"Under the current Immigration & Nationality Act and the Administrative Procedures Act a complaint (a legal action), or Writ of Mandamus, may be filed in the U.S. District Court if the USCIS has failed to issue a decision on a properly filed immigration application after a “reasonable” period of time.

The court will review the matter and may take one of several actions. The court is permitted to issue an order requiring that USCIS adjudicate (make a decision) on the application within a specific period of time, generally 30 to 90 days. The court is allowed to dismiss or terminate the lawsuit if it believes that the individual does not meet the requirements for the application or if it believes the delay by the USCIS is reasonable, necessary or permissible."

Edited November 20, 2012 by nwctzn

[sasaqlain 24]

Rarely do I get to read an experience such as yours. You may want to involve your local congressman/Senator. Has worked for me during my AOS application and it seems to trigger a response. Dragging USCIS to the court is a last resort, and you do have the right to do so, given the circumstances. I hope you hear some good news News soon!

[Barca 10]

sorry to hear that...did you have a criminal case or anything in your case? makes you wonder what the hold up is!!! good luck and hope you hear good news soon!

[xeni455 1]

No criminal case involved, jut traveled alot. Although I did not surpass the 6 month limit in any given case, my total days outside the US for the past 5 years prior to application have been 849 (according to the counting rule which I have read in these forums where the date of dearture and arrival can be counted as days spent in the US).

I feel as though I am being put through this on purpose...as if someone was getting a kick out of this. Does this happen? Can officers toy with you simply because they can?

[Barca 10]

No criminal case involved, jut traveled alot. Although I did not surpass the 6 month limit in any given case, my total days outside the US for the past 5 years prior to application have been 849 (according to the counting rule which I have read in these forums where the date of dearture and arrival can be counted as days spent in the US).

I feel as though I am being put through this on purpose...as if someone was getting a kick out of this. Does this happen? Can officers toy with you simply because they can?

well this really stinks!! I really hope you will hear something real soon!! good luck.

[nwctzn 55]

No criminal case involved, jut traveled alot. Although I did not surpass the 6 month limit in any given case, my total days outside the US for the past 5 years prior to application have been 849 (according to the counting rule which I have read in these forums where the date of dearture and arrival can be counted as days spent in the US).

I feel as though I am being put through this on purpose...as if someone was getting a kick out of this. Does this happen? Can officers toy with you simply because they can?

I think there is no reason to be alarmed. Main reason for the decision delay seems to be that you traveled quite a lot and most likely they are just double-checking that you did not exceed the 913 days threshold.

One question though: If you count only one of the departure or arrival days as being in the US (instead of counting both in the US), do you get close to the threshold?

---

Edited November 20, 2012 by nwctzn

[xeni455 1]

I think there is no reason to be alarmed. Main reason for the decision delay seems to be that you traveled quite a lot and most likely they are just double-checking that you did not exceed the 913 days threshold.

One question though: If you count only one of the departure or arrival days as being in the US (instead of counting both in the US), do you get close to the threshold?

---

Well if I count both departure and arrival days as being outside the country it would ad up another 30-35 days