N400 2 year delay. How do I solve?

[Mike E 11,739]

10 minutes ago, Boiler said:

Seems pretty clear, he went to his interview.

And did not recite the “oath of the applicant for naturalization”. So no 120 day clock. 
 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1446&num=0&edition=prelim

 

https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title8-section1447&num=0&saved=|Z3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU4LXNlY3Rpb24xNDQ2|||0|false|prelim
 

 

[Boiler 45,449]

Quote

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.

Seems pretty clear.

[Dashinka 24,481]

23 minutes ago, Misscloud said:

I thought u already got the interview last year

Seemed they got an interview letter, showed up, and was told it would be re-scheduled.  I agree with @Mike E, if the IO did not administer the oath at the beginning, no interview took place.

[Mike E 11,739]

7 minutes ago, Boiler said:

date on which the examination is conducted

No examination was conducted. If your interpretation of the law was correct, then the courts would have entertained thousands of de novo cases where the candidate showed up, only to find the field office closed without notice due to covid.

 

But I am game, lets see the DIY advice for a de novo review and then lets see the results of the trial.

 

[Boiler 45,449]

I do not determine this, you do not determine this, in the end a Judge will determine this.

 

More likely it will act as a fast forward button and USCIS will do their job.

[sung2408 2]

Hello All,

Thanks for all your inputs. I wanted to quickly summarize Incase my original message was unclear.

1. I submitted my N400 application April 2021

1. I was invited to attend my N400 interview scheduled in Feb 2022

2. When I showed up, I was told the interview could not occur because my a-file was not at the field office (Newark). The officer told me they will reschedule my interview once the a-file is at the FO

3. I have not received any reschedule notice since then. It's been 1+ year since Feb 2022. It's been 2+ year since I submitted my N400 application

4. I have contacted senator twice (in 2022) and Jan 2023 but they keep passing on the information provided by USCIS stating my application is in queue to be rescheduled. 

5. I have filed case outside of processing time twice but no response to any of those.

6. I have written two letters to Newark FO asking for status and also letting them know I did not miss my appointment. 

7. I have called USCIS number to find out where my a-file is and they said ita been at the Newark field office since Aug 2022

8. I have even tried FOIA in 2022

 

Nothing has resulted in the reschedule of my N400 interview. This is why I asked for some guidance on next steps. From what I am able to understand so far from your comments, it seems WOM (lawsuit) is a solution and a few have also recommended ombudsman to ensure I go through all administrative processes. 

Edited May 19, 2023 by sung2408

[igoyougoduke 1,653]

4 minutes ago, sung2408 said:

Hello All,

Thanks for all your inputs. I wanted to quickly summarize Incase my original message was unclear.

1. I submitted my N400 application April 2021

1. I was invited to attend my N400 interview scheduled in Feb 2022

2. When I showed up, I was told the interview could not occur because my a-file was not at the field office (Newark). The officer told me they will reschedule my interview once the a-file is at the FO

3. I have not received any reschedule notice since then. It's been 1+ year since Feb 2022. It's been 2+ year since I submitted my N400 application

4. I have contacted senator twice (in 2022) and Jan 2023 but they keep passing on the information provided by USCIS stating my application is in queue to be rescheduled. 

5. I have filed case outside of processing time twice but no response to any of those.

6. I have written two letters to Newark FO asking for status and also letting them know I did not miss my appointment. 

7. I have called USCIS number to find out where my a-file is and they said ita been at the Newark field office since Aug 2022

8. I have even tried FOIA in 2022

 

Nothing has resulted in the reschedule of my N400 interview. This is why I asked for some guidance on next steps. From what I am able to understand so far from your comments, it seems WOM (lawsuit) is a solution and a few have alswoo recommended ombudsman to ensure I go through all administrative processes. 

dont waste your time on ombudsman. it may or may not yields results.  WOM is the way to go... you have waiting long enough to not get a decision or interview

[Mike E 11,739]

26 minutes ago, Boiler said:

More likely it will act as a fast forward button

More likely than an APA suit?

22 minutes ago, sung2408 said:

it seems WOM (lawsuit) is a solution

Nope

[Boiler 45,449]

I do not know how to calculate that, I like the end game of a Judge naturalising you, I just find it hard to imagine a USCIS Attorney wanting to explain this to a Judge.

[Imperium 81]

Prior to 2006, USCIS was over-flooded with WoM suites seeking an order of court forcing USCIS to act. Because Congress manadated that  no applicant shall be naturalized without a background check, lawsuites were unfairly adding additionaly obligations on DOJ to rush checks.  In 2006, in order to address this controversary, USCIS Deputy Director for Domestic Operations issued an interoffice memorandum mandating that USCIS must conplete a background check before an applicant can be interviewed. This added more clarity. Since OP was invited for an interview, it appears his background checks are clear.

 

Now second part rest on USCIS internal policy. USCIS relies upon A-file and no longer uses T-file in N-400 adjudication. Since an A-file is necessary, it may be difficult for OP to establish that this delay, while unreasonable in our view, is not "reasonable" for USCIS. It may be contested but how soon a relief comes, I cant say.

[Mike E 11,739]

22 minutes ago, Boiler said:

I just find it hard to imagine a USCIS Attorney wanting to explain this to a Judge.

The best outcome I can foresee:

 

“Plaintiff has not been examined your honor; there can be no de novo review”

 

Judge: “Agreed unfortunately but your agency is foot dragging.”

 

Judge to plaintiff’s lawyer: “Why didn’t you file an APA suit?”

 

And OP will be down $10,000. 

 

I am out. 
 

Good luck OP.

[Imperium 81]

32 minutes ago, Boiler said:

I do not know how to calculate that, I like the end game of a Judge naturalising you, I just find it hard to imagine a USCIS Attorney wanting to explain this to a Judge.

USDC can only force USCIS to take action on his application. Since he has not been interviwed, thus trigerring the 120 days clock on his application, naturalization by a USDC is not in his cart yet.

Edited May 19, 2023 by Imperium

[Boiler 45,449]

The likely scenario I see is the USCIS Attorney making a call to wherever the file is telling them that there is no way I want to waste my time, explain this to a Judge, pull your finger out and get it done.

[Boiler 45,449]

1 minute ago, Imperium said:

USDC can only force USCIS to take action on his application. Since he has not been interviewed, triggering the 120 days clock on his application, naturalization by a USDC is not in his cart yet.

And there we come back to the definition of interview, perhaps I am more focussed on reality than technicalities, remember these people all know each other, often they socialise with each other, they just have to work a weird system, making points do not see it. What comes around comes around.

[Imperium 81]

4 minutes ago, Boiler said:

And there we come back to the definition of interview, perhaps I am more focussed on reality than technicalities, remember these people all know each other, often they socialise with each other, they just have to work a weird system, making points do not see it. What comes around comes around.

US Circut Court have clarified what it means by the term "interview" and term "examination" for the purpose of Section 1447(b). If I was him, I would paick up the phone and call AUSA and detail the entire thing and say I am seeking to file a suite. Many AUSA are very friendly and he may end up getting things moving. Northeast is a good place for immigration litigants and bad for USCIS.

Edited May 19, 2023 by Imperium