N-400 decision

[Adujarric 67]

Hey so quick question i have a friend who submitted his N-400 in 2019 with all the back log and all the issues with USCIS during covid he ended up having his interview march 2022. He has been waiting for a decision from USCIS regarding his N-400. He is thinking of sending a letter to his state representative or senator can someone help me with what should be the context of the letter?. Or how should i word it since im helping him with the letter. His case is pending in San Diego California. 

[da95826 387]

2 hours ago, Adujarric said:

he ended up having his interview march 2022. He has been waiting for a decision from USCIS regarding his N-400.

It is unusual for an n400 decision not to be made in a year.  

They can make case inquiries with USCIS as USCIS has 120 days to make a decision on the n400 case after an interview, so USCIS is way beyond their own standards to make a decision within 120 after a n400 interview.

 

They may wish to consult with an immigration attorney to check out his options to take USCIS to court. They could sue for the delay in deciding the case (Mandamus action) or possibly get a judge to review the case and issue them citizenship. Consulting an immigration attorney about any possible issues with their n400 case would be a good idea also; going over any criminal issues, good faith marriage, or time outside of the US during statutory period issues they may have. 

 

Given the delay in the n400 case I would be concerned that USCIS is considering denying the case. The question is where they qualified for naturalization when they filed? 

Possible issues:

Being out of the USA too long or too much

Any criminal history

If marriage case, was there issue with marriage during green card process.

 

 

[Adujarric 67]

41 minutes ago, da95826 said:

It is unusual for an n400 decision not to be made in a year.  

They can make case inquiries with USCIS as USCIS has 120 days to make a decision on the n400 case after an interview, so USCIS is way beyond their own standards to make a decision within 120 after a n400 interview.

 

They may wish to consult with an immigration attorney to check out his options to take USCIS to court. They could sue for the delay in deciding the case (Mandamus action) or possibly get a judge to review the case and issue them citizenship. Consulting an immigration attorney about any possible issues with their n400 case would be a good idea also; going over any criminal issues, good faith marriage, or time outside of the US during statutory period issues they may have. 

 

Given the delay in the n400 case I would be concerned that USCIS is considering denying the case. The question is where they qualified for naturalization when they filed? 

Possible issues:

Being out of the USA too long or too much

Any criminal history

If marriage case, was there issue with marriage during green card process.

 

 

As far as criminal history he had an arrest for marijuana which he disclosed on his application. No long travel history pretty much no travel history at all. When he first submitted his application he did it while living in New Jersey. Shorty after submitting his application he joined the Navy where he was station in San Diego. He came back to Jersey for his interview but he didnt meet the living requirements to naturalized in New Jersey so his case was transferred to San Diego. After his commitment ended with the Navy he left the navy but stayed living in San Diego where he ended up having his interview. He said everything went well but he just never got a decision made on his interview. 

[da95826 387]

Yes, he should consult a competent immigration attorney, drug offenses often have negative consequences on immigration cases.  

 

If he has the option, he may want to sue USCIS for his naturalization, or maybe if he is not eligible for naturalization, he may want to withdraw his case n400.

 

No one with criminal history should apply for naturalization without the help of a good immigration lawyer. 

[Rocio0010 5,579]

Before even asking for help from a senator or alike, if I were your friend I’d request a copy of my FOIA to see what’s on my file. Same way if your friend decides to hire an attorney, which he should because of the arrest. Any reputable attorney will want to see his FOIA and advise accordingly.