N400 Decision cannot be made!

[Pilgrim 0]

Hi Everyone,

I applied for Citizenship under a five year rule in Aug of 2021. I had my interview in Nov 2021.I passed my tests but the IO gave me a paper with a box marked "Decision cannot be made today." I realize it is a common phenomenon. What concerns me is that IO said she will mail me something to request some more information. 

I noticed that during the interview. she had brought my file with her and it had all the documents from my interview at the embassy to N400. 

Fast forward, I recently contacted USCIS for a service request. In response to my service request, the Local Filed Office wrote me a letter stating that they cannot move forward with my application because my file has not been received yet from National Benefits Center. Now recalling my interview, I do remember the Local Office having my file.

Could anyone shed some light on it? Why would the file be not at Local Office even though I saw it there during my interview.

 

Second issue is about my original documents. During the interview, I brought the original divorce certificate of my spouse. Upon asking I show her that. But IO did not return me and instead kept it. When I asked the Tier 2 officer about my original document, he recommends I file a form with the USCIS.

[Mike E 11,741]

53 minutes ago, Amzonian said:

Hi Everyone,

I applied for Citizenship under a five year rule in Aug of 2021. I had my interview in Nov 2021.I passed my tests but the IO gave me a paper with a box marked "Decision cannot be made today." I realize it is a common phenomenon. What concerns me is that IO said she will mail me something to request some more information. 

I noticed that during the interview. she had brought my file with her and it had all the documents from my interview at the embassy to N400. 

Fast forward, I recently contacted USCIS for a service request. In response to my service request, the Local Filed Office wrote me a letter stating that they cannot move forward with my application because my file has not been received yet from National Benefits Center. Now recalling my interview, I do remember the Local Office having my file.

Could anyone shed some light on it? Why would the file be not at Local Office even though I saw it there during my interview.

 

Second issue is about my original documents. During the interview, I brought the original divorce certificate of my spouse. Upon asking I show her that. But IO did not return me and instead kept it. When I asked the Tier 2 officer about my original document, he recommends I file a form with the USCIS.

You are beyond. 

 

You need to hire an immigration lawyer with experience litigating N-400 cases in federal district court. Once district court takes the case, USCIS no longer has jurisdiction and all it can do is agree to settle with you. The only settlement you should accept is your divorce certificate and your naturalization certificate.

[thewaitingame 34]

1. There are a lot of files involved in an immigration case, most important ones are your A-file and your background check. What you saw there probably your N400 application. They need the other ones to approve it. Join N-400 May 2020 filers thread cause there's a lot of people got stuck not having interview scheduled because missing A-file. You have similar problem, just at different stage

 

2. File this for original document https://www.uscis.gov/g-884

[Pilgrim 0]

50 minutes ago, Mike E said:

You are beyond. 

 

You need to hire an immigration lawyer with experience litigating N-400 cases in federal district court. Once district court takes the case, USCIS no longer has jurisdiction and all it can do is agree to settle with you. The only settlement you should accept is your divorce certificate and your naturalization certificate.

Online case tracker says "4 MOTHS TO CASE COMPLETION." My local field office usually process N400 in 10 months. It has only been 6 months. Is it still reasonable to seek a lawyer? 

 

[Pilgrim 0]

11 minutes ago, thewaitingame said:

1. There are a lot of files involved in an immigration case, most important ones are your A-file and your background check. What you saw there probably your N400 application. They need the other ones to approve it. Join N-400 May 2020 filers thread cause there's a lot of people got stuck not having interview scheduled because missing A-file. You have similar problem, just at different stage

 

2. File this for original document https://www.uscis.gov/g-884

That is the form the Tier 2 has recommended to be submitted. As for file, why would a file be at NBC instead of Federal Archive in DC?

[Mike E 11,741]

2 minutes ago, Amzonian said:

Online case tracker says "4 MOTHS TO CASE COMPLETION." My local field office usually process N400 in 10 months. It has only been 6 months. Is it still reasonable to seek a lawyer? 

 

I misread your post as interviewing in August 2021. Since you interviewed in November 2021, you will have to wait 120 days until after your interview. Then you can seek a lawyer if you don't have an oath scheduled or taken by then.

[thewaitingame 34]

1 minute ago, Amzonian said:

That is the form the Tier 2 has recommended to be submitted. As for file, why would a file be at NBC instead of Federal Archive in DC?

The files need to be at NBC before forwarding it to local field office. USCIS stores files in a lot of places like FRC, NRC. 

[Pilgrim 0]

2 minutes ago, Mike E said:

I misread your post as interviewing in August 2021. Since you interviewed in November 2021, you will have to wait 120 days until after your interview. Then you can seek a lawyer if you don't have an oath scheduled or taken by then.

Thank you.

What is your insight on file issue? I saw the hefty file during my interview. It has all the embassy documents as well.

[Mike E 11,741]

1 minute ago, Amzonian said:

Thank you.

What is your insight on file issue? I saw the hefty file during my interview. It has all the embassy documents as well.

So there is a national federal crisis with files and records.  Apparently during the covid pandemic staffing levels dropped to 25% of normal at the Federal Records Center (FRC). There are definitely N-400 cases being held up because FRC is taking at least 4 times longer than normal to get records and files. Reading between the lines:

 

* This data seems to be digitized

 

* It is not online ... it is not on spinning media (magnetic or optical)

 

* It is therefore on magnetic tape

 

Magnetic tapes decay over the years and must be restored and rewritten to prevent data loss. With 25% staffing it is easy to believe that some data has been permanently lost.

 

N-400 cases apparently review the entire immigration history of the applicant, and not just since entering on an immigration visa or adjusting status. So perhaps your entire file was not in the office as you thought. Or maybe it was and parts were lost. Regardless this would require FRC.

 

So if you in fact are affected by the FRC crisis, then litigation will be your only recourse.

[Okboy 43]

6 hours ago, Amzonian said:

Hi Everyone,

I applied for Citizenship under a five year rule in Aug of 2021. I had my interview in Nov 2021.I passed my tests but the IO gave me a paper with a box marked "Decision cannot be made today." I realize it is a common phenomenon. What concerns me is that IO said she will mail me something to request some more information. 

I noticed that during the interview. she had brought my file with her and it had all the documents from my interview at the embassy to N400. 

Fast forward, I recently contacted USCIS for a service request. In response to my service request, the Local Filed Office wrote me a letter stating that they cannot move forward with my application because my file has not been received yet from National Benefits Center. Now recalling my interview, I do remember the Local Office having my file.

Could anyone shed some light on it? Why would the file be not at Local Office even though I saw it there during my interview.

 

Second issue is about my original documents. During the interview, I brought the original divorce certificate of my spouse. Upon asking I show her that. But IO did not return me and instead kept it. When I asked the Tier 2 officer about my original document, he recommends I file a form with the USCIS.

I’d tell you to be patience. There are many people waiting for over a year for N400 interview and you stated that you filed in August 2021 and went for interview in Nov 2021. Immigration is all about patience especially during this pandemic period. I would wait at least 120 days after the interview before asking questions. Good luck .

[African Zealot 1,455]

You can’t tell just by observing a stack of papers in your file that it contains everything they need to make a decision. Secondly N400 cases are taking months for most people. You’re very early in the game and it’s pointless trying to get an attorney to expedite anything.

 

Six months or more after your interview is when you can think about getting an attorney for a mandamus filing.

 

Right now all you can and should do is sit back, try to forget about stressing and give it time. You should file the form to receive your original documents back or if possible try to get into contact directly with the field office.

 

Good luck!

[Chocobo 196]

Re: the original divorce certificate, can you get a certified copy from the court?

[Pilgrim 0]

11 hours ago, African Zealot said:

You can’t tell just by observing a stack of papers in your file that it contains everything they need to make a decision. Secondly N400 cases are taking months for most people. You’re very early in the game and it’s pointless trying to get an attorney to expedite anything.

 

Six months or more after your interview is when you can think about getting an attorney for a mandamus filing.

 

Right now all you can and should do is sit back, try to forget about stressing and give it time. You should file the form to receive your original documents back or if possible try to get into contact directly with the field office.

 

Good luck!

The IO said she was going to mail me something. She never sent. She added that, "if I am satisfied (after seeing what she was going to request) I will approve your case." Now I am concerned what it was that she wanted further.

[Pilgrim 0]

1 hour ago, Chocobo said:

Re: the original divorce certificate, can you get a certified copy from the court?

It was a foreign document, in addition to that she kept my marriage certificate. When she got up, I thought she was going to make a copy and return but she never did. In chaos, I left the building and realized a day later.

[Israa 0]

Hi ,

is there any update about your case!? I have the same issue I passed the interview in January, 2022 and I didn’t got oath appointment yet!? I’m wondering if you got your decision!?