N400: 120 days?

[InValpo 0]

It's been over 120 days since my interview in Chicago Field Office in February.  The USCIS policy manual that a decision should be made within 120 days since the initial interview. However, my case is still pending, and my recent contact with the senator gave me update: under further review. I think it's a very generic response. I called the USCIS just now and mentioned the 120 days. The other end said that my case is still within the normal processing time and didn't give it a damn even after I mentioned the 120 days rule. I called the tier 2 officer last Friday, and he also didn't give a dam about the 120 days rule, and being very rude too.

 

Now, should I contact my senator again and bring up this 120 days rule?

[geowrian 22,338]

The 120 days is a goal/policy, but unless there is a reason to believe your case is being delayed improperly, there's not really anything you can do.

 

The 120 day rule just means that you can choose to sue them to make a decision (https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter4.html).

If there was a reason to believe so, then a Writ of Mandamus (WoM) can be filed to compel a decision, although I don't suggest this except in cases of very extended delays since it only forces them to make a decision, not the decision you want. For instance, if the case is delayed due to something like a background check, a WoM would result in a denial since they cannot approve it until the checks complete.