Suing USCIS due to extremely long ROC wait time [merged threads]

[Rocio0010 5,579]

2 minutes ago, babayega said:

I meant if the charge could be a problem or serious issue, I though that they could hold the N-400 as well.

Just because she verbally approved you, it doesn’t mean it Is not a serious issue. You’re not approved until your oath ceremony.

[Dashinka 24,475]

[millefleur 5,046]

14 hours ago, babayega said:

- I am an engineer and I am not able to work without green card. So, do you advice me that still wait without making an appointment? Also, thank you and I have an online account.

1 hour ago, babayega said:

- I received 18 month extension and its expired. Then, I applied for infopass ( they gave me a stamp valid for a year) and its expired too 2 months ago. I am a new graduate student, even I provide everything about my case, they don't like it. 

From what you said, nobody is revoking your GC status just yet. Make an Infopass appointment and get the 1-551 stamp while your case is being worked on. You can have multiple I-551 stamps as long as you are in status and have a reason to get one.

 

Forget about the N-400 for now, you need to get the I-751 figured out. N-400 will not move forward with your I-751 still in limbo. Is your wife helping at all?  You need to hear from USCIS what the current status of your case is. Call them, email them, annoy them until you get a response. If they keep saying "needs to be reviewed" contact your local senators/congressperson, file "Get help with federal agency" there and consider filing with USCIS ombudsman.

 

Same with the Infopass appointment: just keep bothering them until you can get one. There's no magic bullet here, you just need to pester USCIS until they respond.

 

[xxD 7]

Hello everyone. My case is extremely out side of process. I think I have a only option to sue them. But I need your recommendations about suing, or if you could provide any better option.

 

June 20, 2019 - I751 applied

October 4, 2020 - N400 applied

October 15, 2020 - I751 transferred another office

April 2, 2021 - N400 interview (completed successfully)

July 28, 2021 - I751 Interview completed

June 25, 2022 - First inquiry ( 3 days later from that day Uscis emailed me and they said "we regret that we are unable to provide you with a completion date at this time" )

June 26, 2022 - Contacted to Congressman (still waiting)

I wanted to contact to the ombudsman too but, they are not longer accepting any outside of process claim.

 

I would like to ask, 

- Is suing my only option now? If I sue them what could be happen? Any bad affect to my case? Do you guys have any recommendation?

 

Thank you for all

 

 

 

 

Edited June 7, 2023 by TBoneTX

[Villanelle 4,122]

Do you have any idea why? Still married? Difficult interview? Fraud suspicion? Background checks? Etc

 

WOM (writ of mamandus) is something to discuss with an attorney familiar with your case. It doesn't automatically force an approval just a decision.  

 

 

[xxD 7]

On 8/5/2022 at 4:22 PM, Ani924 said:

sharing an update - after waiting months after my combo interview, I contacted my representative, no response and then submitted FOIA and contacted the ombudsman - the ombudsman emailed me a few times, moved my case to priority and both my N-400 and I-751 applications were approved really quickly after contacting the ombudsman. Great experience - now waiting for oath letter but some progress after months of waiting. 

After I-751, they said " everythings unique. But you have a red flag because you married in 3 months after you met up "

I am still married exactly 6 years. I have all clean background.

[Boiler 45,438]

A WoM will cost you about 5k so assuming that is not an issue your only option other than waiting

[Bob in Boston 698]

How did you meet your wife and get to the states in the first place?

[Rocio0010 5,579]

Whats your country of origin?

any previous marriages?

any previous visa applications?

Has your spouse ever applied for someone else? 
Any significant age difference?

[Marieke H 2,496]

I looked at your past posts, and found some helpful information to help us understand what could be going on:

 

You also submitted an inquiry and were told that your case is under extended review:

 

It sounds like there is something in your background that needs further review. We don't know what that is; you may have an idea but you don't have to share that. Filing a writ of mandamus (I think that may be what you are referring to) will force USCIS to make a decision. If they have not completed their review/background checks when they are forced to make a decision, the only decision they can make is to deny you. I would be careful and try to be patient.

[Boiler 45,438]

2 minutes ago, Marieke H said:

I looked at your past posts, and found some helpful information to help us understand what could be going on:

 

You also submitted an inquiry and were told that your case is under extended review:

 

It sounds like there is something in your background that needs further review. We don't know what that is; you may have an idea but you don't have to share that. Filing a writ of mandamus (I think that may be what you are referring to) will force USCIS to make a decision. If they have not completed their review/background checks when they are forced to make a decision, the only decision they can make is to deny you. I would be careful and try to be patient.

Then the Judge would be able to naturalise him

 

What have they been doing?

[EM_Vandaveer 2,408]

15 hours ago, babayega said:

After I-751, they said " everythings unique. But you have a red flag because you married in 3 months after you met up "

I am still married exactly 6 years. I have all clean background.

That's strange, my husband & I got married less than 2 months after meeting each other and it only came up as one short question during the AOS interview. We're still married 11 years later.

[Rocio0010 5,579]

52 minutes ago, Marieke H said:

I looked at your past posts, and found some helpful information to help us understand what could be going on:

 

You also submitted an inquiry and were told that your case is under extended review:

 

It sounds like there is something in your background that needs further review. We don't know what that is; you may have an idea but you don't have to share that. Filing a writ of mandamus (I think that may be what you are referring to) will force USCIS to make a decision. If they have not completed their review/background checks when they are forced to make a decision, the only decision they can make is to deny you. I would be careful and try to be patient.

Oh, now I remember this post! 
There are two or three things worth noting. The first one is, sometimes the officers will say things just to appease you (you guys look unique) because it is human nature to try and give hope. Unprofessional, I know, but it is what it is. They still have to do their rewiew after the interview, and that’s where you got caught.

I also don’t think that the issue is that you got married after three months. A lot of couples do the same and they don’t experience such long wait times. I think it has to do with a combination of factors. 👇👇👇
Your country of origin may be one of them. Although your profile says UK, there is something in the way you write that makes me think you’re not from the UK… where are you from , originally? 
Age difference might be a factor, too. 
What about any previous visa applications?

Has your spouse ever petitioned for someone else?

[Mike E 11,739]

@babayega : As @Boilernotes in this thread, a federal judge can take over your case and naturalize you.  
 

However a WoM by itself is not sufficient.  You need to file a combined WoW / APA (Administrative Procedures Act) lawsuit.
 

The WoM will force a decision on the I-751.  The APA will let the judge seize jurisdiction of your N-400.  
 

USCIS might offer to settle versus litigate.  Don’t settle for anything less than oath ceremony and a naturalization certificate, even if oath takes place moments before trial in the hallway of the court house.  

[TastyCake 232]

21 hours ago, Boiler said:

A WoM will cost you about 5k so assuming that is not an issue your only option other than waiting

5... flipping... thousand... dollars???  They should call it a Writ of Sodomus.