120 days after N400 interview

[peacan 7]

Hi all,

 

I applied for my N400 back in Dec 2018, I was interviewed and recommended for final approval on Mar 15 and I am still waiting for that Oath letter. Does anyone know what approaches I should take when I hit this 120 day mark?

[Hypnos 6,576]

1) You can see if they will let you make an Infopass appointment to enquire on the status of your application.

 

2) You can ask one of your congressional representatives to enquire on your behalf.

 

3) You can sue USCIS in federal court under 8 USC § 1447(b) since it has been 120 days since your interview and a decision hasn't yet been made.

[peacan 7]

2 minutes ago, Hypnos said:

1) You can see if they will let you make an Infopass appointment to enquire on the status of your application.

 

2) You can ask one of your congressional representatives to enquire on your behalf.

 

3) You can sue USCIS in federal court under 8 USC § 1447(b) since it has been 120 days since your interview and a decision hasn't yet been made.

Thank you for your response,

 

1. I made an infooass appointment it didn't help it was 6 weeks after the interview, now they no longer let you make an infopass appointment

 

2. I contacted Congressman 8 weeks after the interview, didn't help

 

3. How do I sue USCIS in Federal Court?

 

 

[Hypnos 6,576]

You hire a lawyer to sue them for you, or you do it yourself. There are some DIY guides floating around on the Interwebs about how to do it.

[HRQX 4,145]

5 minutes ago, peacan said:

1. I made an infooass appointment it didn't help it was 6 weeks after the interview, now they no longer let you make an infopass appointment

Call the 1800 number and try. They might say no since their site says: "If you need help with document services (such as passport stamps and advance parole) or have an emergency, call the USCIS Contact Center at 800-375-5283." https://www.uscis.gov/about-us/find-uscis-office/field-offices/arizona-tucson-field-office

7 minutes ago, peacan said:

2. I contacted Congressman 8 weeks after the interview, didn't help

You can try again or contact a Senator's office instead. Do it after the 120 days.

8 minutes ago, peacan said:

3. How do I sue USCIS in Federal Court?

Writ of Mandamus: https://www.simonebertollini.com/immigration/writ-of-mandamus/

[peacan 7]

I called about 10 days ago and a nice lady put in a service request for me and told me that I should expect a response with a month but obviously the 120 day mark will come first. What should I expect? I am a little anxious and frustrated.

[Hypnos 6,576]

1 minute ago, HRQX said:

Writ of Mandamus: https://www.simonebertollini.com/immigration/writ-of-mandamus/

No, not a writ of mandamus. That would be for a stalled I-485 or similar. There is a specific provision in federal law at 8 USC § 1447(b) that allows someone to sue USCIS 120 days after their N-400 interview if no decision has been made. A writ of mandamus is not appropriate in this situation.

[peacan 7]

2 minutes ago, Hypnos said:

No, not a writ of mandamus. That would be for a stalled I-485 or similar. There is a specific provision in federal law at 8 USC § 1447(b) that allows someone to sue USCIS 120 days after their N-400 interview if no decision has been made. A writ of mandamus is not appropriate in this situation.

Boy I hope I don't have to go as far as suing them. Do you happen to know the cost of an attorney to sue USCIS?

[Hypnos 6,576]

Lawyers come in all shapes and sizes. Expect it to cost several thousand dollars — more if you hire an amazing lawyer.

Edited July 6, 2019 by Hypnos

[peacan 7]

I think I will go with the Senator option lol thank you, though!

[HRQX 4,145]

15 minutes ago, Hypnos said:

No, not a writ of mandamus...

Yes, it's the same thing. See the following case: https://www.govinfo.gov/content/pkg/USCOURTS-txnd-3_07-cv-00136/pdf/USCOURTS-txnd-3_07-cv-00136-0.pdf "Order Granting Writ of Mandamus" on page 6

Edited July 6, 2019 by HRQX

[Hypnos 6,576]

It's not the same thing, even though the court granted mandamus in that case.

 

8 USC § 1447(b) allows the court to adjudicate the N-400 itself. In practice they rarely do this except in the most extreme of cases — but the law allows it. Mandamus simply instructs an agency to perform a duty owed that they have so far failed to perform.

 

If you read through the decision you linked, the judge specifically denies ordering a hearing under 8 USC § 1447(b) and instead grants a mandamus action ordering USCIS to adjudicate the N-400. Mandamus ≠ an action under 8 USC § 1447(b).

Edited July 6, 2019 by Hypnos

[HRQX 4,145]

8 minutes ago, Hypnos said:

8 USC § 1447(b) allows the court to adjudicate the N-400 itself. In practice, they rarely do this except in the most extreme of cases — but the law allows it. Mandamus simply instructs an agency to perform a duty owed that they have so far failed to perform.

Like you say it's rare. They tend to just do the bolded part:

Quote

Request for hearing before district court. If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.

 

[GBOS 198]

Could you think of the reason that would cause a delay?  Like - is your history squeaky clean?  Sometimes they do hold cases for additional checks.

[peacan 7]

Nope squeakily clean