N400 pending 180 days interview

[Hypnos 6,576]

1 minute ago, cd37 said:

If he does that and force them to make a decision, it could be denial if it is really pending security check and you dont let them do their due diligence. 

You are conflating a mandamus action with a 1447(b) action, which is specifically prescribed as a remedy for situations precisely like this.

 

It removes your N-400 from USCIS' jurisdiction and places it under that of the district court with which you file. USCIS cannot deny anything after you file a 1447(b) action because they no longer have jurisdiction over it.

[cd37 229]

1 minute ago, Hypnos said:

You are conflating a mandamus action with a 1447(b) action, which is specifically prescribed as a remedy for situations precisely like this.

 

It removes your N-400 from USCIS' jurisdiction and places it under that of the district court with which you file. USCIS cannot deny anything after you file a 1447(b) action because they no longer have jurisdiction over it.

Oh ok I thought they are same. Thanks for clarifying that.

[Hypnos 6,576]

No, they are very different. A mandamus action, such as one filed for a stalled I-485, could carry the potential of an immediate denial under security checks, as you say.

 

But a 1447(b) lawsuit is provided for in the INA for naturalisation applications which haven't been adjudicated within 120 days of the interview. Upon acceptance of the court filing, the N-400 is removed from USCIS' jurisdiction and is transferred to the district court, who perform an independent review of your application. In most cases USCIS ask for the N-400 to be transferred back to them with the understanding that they will immediately adjudicate it, but there are rare occasions where a judge will simply approve the N-400 themselves, as the law allows them to do. This is usually only done in the most extreme situations, but it has happened.

[jyaku 138]

1 hour ago, cd37 said:

 

You are kidding right ? 10 yrs after interview ?

Not at all.

Edited April 6, 2018 by jyaku

[mhene19 0]

8 hours ago, Hypnos said:

No, they are very different. A mandamus action, such as one filed for a stalled I-485, could carry the potential of an immediate denial under security checks, as you say.

 

But a 1447(b) lawsuit is provided for in the INA for naturalisation applications which haven't been adjudicated within 120 days of the interview. Upon acceptance of the court filing, the N-400 is removed from USCIS' jurisdiction and is transferred to the district court, who perform an independent review of your application. In most cases USCIS ask for the N-400 to be transferred back to them with the understanding that they will immediately adjudicate it, but there are rare occasions where a judge will simply approve the N-400 themselves, as the law allows them to do. This is usually only done in the most extreme situations, but it has happened.

Thanks for the response. I will go for another infopass and give them about 60 more days before I file that. It’s totally unfair to me 

[gc@gc 184]

22 hours ago, mhene19 said:

Hello All,

 

I am hoping i can get some great advice on this forum as i do not understand what is going on with my application. I'm aware every case is different but i feel i have done whatever i can to get my case moving.

 

I am married but my wife and i live in different states. When i filed for i751 it took over two years for it to be processed. i was told my case was pending security checks and that there is nothing they can do. I waited and waited and made numerous inquiries. Finally, i went for an infopass and i was told my case was in line for an interview. i went to the interview with my wife and attorney and we were asked a lot of questions. A lot of my background was digged. Even an accident i got into. The interviewer was convinced and approved my case. 2 years later i applied for n400 based on the 5yr rule as my wife and i live in different states. Mind you the reason i moved out of state was to secure a better job. I had no luck securing a job in  my field in the state my wife resides. i see her from time to time and the plan is for her to join me soon. I applied for n400 in april 2017 and in two months i was scheduled for an interview.  I passed the interview and the IO said she needed to review the file a bit before she can make a decision. A month passed by and still no response. I made an inquiry and i was told that i needed to to wait till after 90days. 90 days passed and i made an inquiry but received the generic letter saying that  my case is pending adjudication. I made an infopass and i was told the same thing. i made two more additional inquiries and still received the generic response. I finally contacted my congressman  160 days after my interview. My congressman responded to me today saying that "USCIS is conducting background checks on my case and it could take years". Unbelievable!  How can they be conducting background checks when they just did an extensive one not two long ago when i was removing conditions?Something doesn't add up to me. Infact, when i went for the infopass, the person at the window said my file was lying somewhere on the IO's desk. I am aware immigration benefit is a benefit and not a privilege. However, i have followed all the rules and waited as i've been told. i have not broken the law besides minor speeding tickets. i pay my taxes and im not involved in any illegal activity. i am also not from a muslim country or a muslim.

 

1. What steps should i take further?

2. Has anybody been through a similar situation?

3. Does anybody have experience filing 1447(b) as my case is way past 120days?

4. What about Ombudsman?

 

This is very frustrating as i went to this background check nonsense a few years back and it took over 2yrs. 

 

Thanks in advance

 

 

background checks for green card and citizenship are different, or different levels of background checks,  as i was told by an immigration attorney 

 

 

[martincook 0]

On 4/6/2018 at 2:43 AM, mhene19 said:

Hello All,

 

I am hoping i can get some great advice on this forum as i do not understand what is going on with my application. I'm aware every case is different but i feel i have done whatever i can to get my case moving.

 

I am married but my wife and i live in different states. When i filed for i751 it took over two years for it to be processed. i was told my case was pending security checks and that there is nothing they can do. I waited and waited and made numerous inquiries. Finally, i went for an infopass and i was told my case was in line for an interview. i went to the interview with my wife and attorney and we were asked a lot of questions. A lot of my background was digged. Even an accident i got into. The interviewer was convinced and approved my case. 2 years later i applied for n400 based on the 5yr rule as my wife and i live in different states. Mind you the reason i moved out of state was to secure a better job. I had no luck securing a job in  my field in the state my wife resides. i see her from time to time and the plan is for her to join me soon. I applied for n400 in april 2017 and in two months i was scheduled for an interview.  I passed the interview and the IO said she needed to review the file a bit before she can make a decision. A month passed by and still no response. I made an inquiry and i was told that i needed to to wait till after 90days. 90 days passed and i made an inquiry but received the generic letter saying that  my case is pending adjudication. I made an infopass and i was told the same thing. i made two more additional inquiries and still received the generic response. I finally contacted my congressman  160 days after my interview. My congressman responded to me today saying that "USCIS is conducting background checks on my case and it could take years". Unbelievable!  How can they be conducting background checks when they just did an extensive one not two long ago when i was removing conditions?Something doesn't add up to me. Infact, when i went for the infopass, the person at the window said my file was lying somewhere on the IO's desk. I am aware immigration benefit is a benefit and not a privilege. However, i have followed all the rules and waited as i've been told. i have not broken the law besides minor speeding tickets. i pay my taxes and im not involved in any illegal activity. i am also not from a muslim country or a muslim.

 

1. What steps should i take further?

2. Has anybody been through a similar situation?

3. Does anybody have experience filing 1447(b) as my case is way past 120days?

4. What about Ombudsman?

 

This is very frustrating as i went to this background check nonsense a few years back and it took over 2yrs. 

 

Thanks in advance

Have you got your oath . If yes how much time it took.

[Wasa22 5]

On 4/6/2018 at 6:11 AM, mhene19 said:

Thanks for the response. I will go for another infopass and give them about 60 more days before I file that. It’s totally unfair to me 

Any updates on your case?

[Selina09 0]

On 4/6/2018 at 4:10 PM, gc@gc said:

 

 

background checks for green card and citizenship are different, or different levels of background checks,  as i was told by an immigration attorney 

 

 

How they are different?

[Ontarkie 14,215]

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