N-400 April 2020 Filers

[Cloggie 17]

I read about some people filing a FOIA and have success with it? Not sure about this procedure, but I am going to look into it now.

 

You can do it here https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

[AH2020 30]

13 minutes ago, Cloggie said:

I read about some people filing a FOIA and have success with it? Not sure about this procedure, but I am going to look into it now.

 

You can do it here https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

I did it on Friday. Hope it will trigger something. 

[orangeal 12]

3 minutes ago, AH2020 said:

I did it on Friday. Hope it will trigger something. 

How could this be a possible solution? Please explain

[Kristina B. 4]

1 hour ago, Cloggie said:

I received the below message from my local office:

 

"We researched your case and found that your case is currently in line for processing. We regret that we cannot provide a definitive timeframe on the processing of your application, but assure you that we are committed to the timely processing of applications."

 

Not sure if it makes any sense to follow up with them...

 

Their definition of "timely" and mine are VERY different.

[AH2020 30]

14 minutes ago, orangeal said:

How could this be a possible solution? Please explain

Read in the May 2020 thread (last few pages), some people seem to have had success with it. I didn't understand it at first but if their assumptions are right it could make sense. 

[Cloggie 17]

What are the chances filing a FOIA request will actually delay our pending cases?

[orangeal 12]

What are the chances that it's all a waste of time, anyway?

[Cloggie 17]

Good point...

I have been at this over 19 months now and the responses I have been given about the delays are absolutely useless.

[Scandi 4,105]

2 hours ago, Cloggie said:

What are the chances filing a FOIA request will actually delay our pending cases?

It very likely won't affect your case at all (positive or negative), the request will be sent to someone who isn't involved in your case at all, someone who will just pull up your scanned A-file and send you a copy. 

[keyuree1 27]

On 11/7/2021 at 6:02 PM, Linamona said:

This is what happened with me, for 560 days I called these fools weekly, no avail until that last time I demanded to speak to the level two officer , I told him what happened and how it's been so long and how basically they are playing with our lives, for the first time ever ever someone took time to look and let me know my file is with the national benefit center and they never seen my file, he told me that he will be contacting them so I should see some resolution within 10 -30 days and although i didn't trust him, it happened. I had exhausted every given point of contact  at that point. My congressman , senator, white house led to no resolution . 

I was absolutely shocked that I got contacted by phone then email for my interview in such short notice. After all this wait though what am I to loose.

Best of luck to you. This is my story and I hope your case results to conclusion soon

Hi. Any tips how to get a real person on the phone? I can't get through the robots.

[Yupibotan 15]

38 minutes ago, keyuree1 said:

Hi. Any tips how to get a real person on the phone? I can't get through the robots.

When the robot asks you for your case number just say "I lost it". You'll get transferred to real person. Works every time. 

You'll be connected with tier 1 officer though. In order to get to level 2 you need to request it. They will open a ticket and you will get a call back within 30 days. 

Edited December 15, 2021 by Yupibotan

[JustBelieve 7]

8 hours ago, orangeal said:

How could this be a possible solution? Please explain

At this point, you can try anything in hoping it will trigger these lazy a** officers to look into your application.

My buddy just got his interview letter but he applied 18 months after me lol Yet USCIS claims "applications are processed in order they are received". Also stop wasting your time contacting ombudsman, congressman, senators, etc... you are better off talking to a brick wall than communicating with them.

[Libertate 17]

The logic in filing a FOIA request is this: 

1. N400 is an immigration benefit application, it is not a right

2. FOIA is the right to request information from any federal agency. 

 

The main predicament with April/May filers is that USCIS does not have their paper A-file because those files are somewhere in the National Archive. N400 applicants, the USCIS, senators and ombudsmen cannot compel NARA to expedite sending the A-file. However, if an applicant uses their right to request the A-file, then NARA must send it to the USCIS, which in this case acts as an intermediary between the applicant and NARA. As a result, the USCIS receives the applicant's A-file and can no longer claim that it cannot adjudicate the case because it doesn't have the A-file. 

Another reason to file a FOIA request is to have the A-file in case this matter with April/May filers becomes a class action suit. I rolled this idea in a different topic but it didn't receive a lot of attention. If there are 30-40 people that are ready to join the suit it could be possible to at least certify a class action. The class action will attract much more attention from the press than our individual stories. Maybe then the USCIS will take us seriously and end this 19-month ordeal.

Edited December 15, 2021 by Libertate

[GingerCat 14]

15 hours ago, AH2020 said:

I did it on Friday. Hope it will trigger something. 

Please let us know how it goes

[Cloggie 17]

Libertate explains our predicament very clearly. I am now also considering filing a FOIA request. How do we proceed from here?