N 400 processing time expectation and address change, and FOIA

[conan789 0]

Hello everyone,

 

I have some questions about the processing of N-400 application, on the USCIS website https://egov.uscis.gov/processing-times/, it shows the average waiting time of each field office handles the applications. I want to know, does this processing time including the 90 days (3 months) window that we submit the application? In another way of saying, is this processing time counting from the 90 days window since we have submited the N-400 application, or is it counted from the exact time after we finish either the 3 year or 5 year residency requirement (not counting the 90 days window when we submit the N-400)? 

 

2. If I change to another state to live after I submit the N-400, would this cause extra time processing, I hope someone who has changed address can share their experience, like how much delay it is going to cause? How long does it takes to transfer the file from one regional office to another regional office? Do they completely start over to process my application?

 

3. For the FOIA request, I saw people have different opinions on its impact on the pending applications. I am currently still have I-751 pending, but I will file the N-400 the next year. Would a request for FOIA NOW potentially delay my current I-751 application? Because I-751 has been super long waiting,  so I decide to apply for N-400 the next year, and I want to know would it potentially delay my next year's Naturalization if I request FOIA now?

 

Thank you very much for your interests in my questions, and I hope everyone here have a smooth immigration journey!

 

[Mike E 11,739]

1. From time N-400 is received by USCIS 

2. Yes. You will need to be in your new state for 3 months before your case can be processed.

3. It can.

[conan789 0]

Just now, Mike E said:

1. From time N-400 is received by USCIS 

2. Yes. You will need to be in your new state for 3 months before your case can be processed.

3. It can.

 Thank you so much for your very prompt reply! 

 

For question 3, I want to know if there is any discussion posts on this forum or official website mentioning about FOIA requesting during pending 751 could delay Naturalization? I really want to read it into details, and also feel free to share more of your detailed opinions. Thank you very much!!!

[Mike E 11,739]

Google is your friend.

 

Understand that your file of records is literally a collection of papers in its own file box, and it can only exist in one place. So if a USCIS ISO wants to work on your case and wants your file, and instead  an FOIA worker is processing your case, well back to the back of the queue for you.

 

It is also the case that an FOIA has been known to unstuck a case because the file is stuck in a limestone cave operated by the National Archives, and for a time they were operating under severe covid restrictions.

Edited May 18, 2023 by Mike E

[OldUser 6,479]

1 minute ago, Mike E said:

Google is your friend.

 

Understand that your file of records is literally a collection of papers in file box, and it can only exist in one place. So if a USCIS ISO wants to work on your case and wants your file, and instead  an FOIA worker is processing your case, well back to the back of the queue for you.

Is it true for all cases? My understanding is some cases are scanned into the USCIS system upon receipt? 

[Mike E 11,739]

11 minutes ago, OldUser said:

Is it true for all cases? My understanding is some cases are scanned into the USCIS system upon receipt? 

One cannot scan that which one does not possess. Some USCIS files are stored at NARA; this has been well reported in the news and discussed at length on visajourney.

[conan789 0]

15 minutes ago, Mike E said:

Google is your friend.

 

Understand that your file of records is literally a collection of papers in file box, and it can only exist in one place. So if a USCIS ISO wants to work on your case and wants your file, and instead  an FOIA worker is processing your case, well back to the back of the queue for you.

 

It is also the case that an FOIA has been known to unstuck a case because the file is stuck in a limestone cave operated by the National Archives, and for a time they were operating under severe covid restrictions.

Thank you a lot for your very informative explanation!! I did see both ways of FOIA could either unstuck a case or delaying a currently processing case as you mentioned.

 

But I think for a pending I751 application, would FOIA's impact is going to be very small on the future N-400?  Because I751 processing time could be up to 48 months, even though FOIA request going to make the pending I751 even longer, but N-400 is a new application that independent from a pending I751.

 

The important thing is that, if I apply for N400 during waiting for a pending I751, then the I751 is not going to be very important, because the N 400 is going to be approved first, and afterwards my I751 status would be updated following the approval of N-400 (I saw most people get N400 approved first while waiting for I751.)  Therefore,  even my I751 was delayed because I request for FOIA, but the approval of N-400 is going to change the whole situation, is this correct? 

 

I also saw this on DHS website:

 

In general, the FOIA requires an agency to respond to FOIA requests within 20 business days after the office that maintains the responsive records receives the request. The business day response requirement is not necessarily the time frame for releasing responsive documents.

 

Does this means most people would receive FOIA in 20 days? Why our forum a lot of people saying the FOIA could delay their application for months or even longer? I am currently super confused, and I really appreciate your ideas!

 

 

[conan789 0]

32 minutes ago, Mike E said:

Google is your friend.

 

Understand that your file of records is literally a collection of papers in file box, and it can only exist in one place. So if a USCIS ISO wants to work on your case and wants your file, and instead  an FOIA worker is processing your case, well back to the back of the queue for you.

 

It is also the case that an FOIA has been known to unstuck a case because the file is stuck in a limestone cave operated by the National Archives, and for a time they were operating under severe covid restrictions.

https://www.immigrationhelp.org/learning-center/uscis-foia

 

Here it is also mentions that: 

 

How Long Does It Take To Get a Response to a FOIA Request?

 

By law, the FOIA office has 20 business days to send an acknowledgment letter confirming your request. Paper notices can take a bit longer if you requested a mail response. However, due to the volume of requests sent to the FOIA office, there is often a backlog, which increases processing times.

 

 

[OldUser 6,479]

5 minutes ago, conan789 said:

The important thing is that, if I apply for N400 during waiting for a pending I751, then the I751 is not going to be very important, because the N 400 is going to be approved first, and afterwards my I751 status would be updated following the approval of N-400 (I saw most people get N400 approved first while waiting for I751.)  Therefore,  even my I751 was delayed because I request for FOIA, but the approval of N-400 is going to change the whole situation, is this correct? 

I-751 is important. It is a gate for N-400 approval. Citizenship cannot be approved without taking I-751 into consideration and approving it. Occasionally, people get N-400 approved but status for I-751 is pending for few days or weeks. It doesn't mean nobody looked into it or approved N-400 prior to I-751. It can be a system lag with status updates or somebody forgot to check the box to update I-751 status.

Edited May 18, 2023 by OldUser

[conan789 0]

1 minute ago, OldUser said:

I-751 is important. It is a gate for N-400 approval. Citizenship cannot be approved without taking I-751 into consideration and approving it. Occasionally, people get N-400 approved but status for I-751 is pending for few days or weeks. It doesn't mean nobody looked into it or approved N-400 prior to I-751. It can be a system lag with status updates or somebody forgot to check the box to update I-751 status.

Yes, thank you very much for letting me know this!

 

I just submitted my I-751 one week ago, and now I am thinking about getting FOIA for my next year's naturalization. Is it a good time to request for FOIA now?

[OldUser 6,479]

6 minutes ago, conan789 said:

Yes, thank you very much for letting me know this!

 

I just submitted my I-751 one week ago, and now I am thinking about getting FOIA for my next year's naturalization. Is it a good time to request for FOIA now?

It's your call. It's hard to predict whether it will affect the speed of your case processing. On the other hand, if you need to know you what's in your file, you need to know it.

[PaulaCJohnny 713]

3 hours ago, conan789 said:

Yes, thank you very much for letting me know this!

 

I just submitted my I-751 one week ago, and now I am thinking about getting FOIA for my next year's naturalization. Is it a good time to request for FOIA now?

So, I still don’t understand why do you want FOIA. What is your goal with this request?

[conan789 0]

13 hours ago, PaulaCJohnny said:

So, I still don’t understand why do you want FOIA. What is your goal with this request?

Just want to have a better preparation for N-400 in the near future

[PaulaCJohnny 713]

2 hours ago, conan789 said:

Just want to have a better preparation for N-400 in the near future

? Still without understanding. All the information that you need is the information you filled on the others forms, resuming: the truth.

You can always check it out your past applications.

 

IMHO is an unnecessary step but if this will help you it’s your decision.

 

Good luck 

[conan789 0]

5 minutes ago, PaulaCJohnny said:

? Still without understanding. All the information that you need is the information you filled on the others forms, resuming: the truth.

You can always check it out your past applications.

 

IMHO is an unnecessary step but if this will help you it’s your decision.

 

Good luck 

Thank you very much for sharing your opinion and help!!!