Busting the myth that the N400 knocks the 751 lose

[igoyougoduke 1,662]

6 hours ago, Imperium said:

I think doing WoM for both may add complexity to it. Strategically, I would file WoM first and get the ROC moved out of the way. It will help push the N400. I do not think N400 will take long after that. Once you have an interview, if there is a delay, invoke your right under 8 U.S.C Section 1447(b)  by depriving USCIS of jurisdiction. It is their worse nightmare.

 

Most foundamental difference in WoM and Action under Sect 1447(b) is the WoM draw sustenanace from APA and forces an employ to work. While Sect 1447(b) is precisely for naturalization delays AFTER an interview. WoM grant Court and CIS concurrent jurisdiction, while Sect 1447(b) deprives USCIS of jurisdiction once District Court recieves your case.

 

Since WoM seeks to remedy administrative delay , In my modest openion, WoM for an ROC is the best tool. Tactically, you are trying to caliberate legal pressure on USCIS that is enough to add urgency to your case. Chosing RoC alone gives your case more traction because of an undisputed delay, unlike the N400.

why bother with two litigations when you can file wom for both i-751 and n-400 together.  waste of time and resources doing it twice when you can do it one shot 

[Crazy Cat 41,985]

6 hours ago, Imperium said:

Strategically, I would file WoM first and get the ROC moved out of the way. It will help push the N400.

I'm not sure I am following that logic.  The ROM is not dependent on the N-400.  However, the N-400 is dependent on approval of the ROC.  Just my thoughts.  I think I would try to push both at the same time.

Edited June 14, 2023 by Crazy Cat

[Imperium 81]

1 hour ago, igoyougoduke said:

why bother with two litigations when you can file wom for both i-751 and n-400 together.  waste of time and resources doing it twice when you can do it one shot 

Because you cant argu that an N400 is delayed. You can only argue for ROC. If you combine both, it just makes the argument more complex. If an ROC is what is causing the delay, why then include N400 ( assuming the examination has not taken place). Just my understanding! 

[igoyougoduke 1,662]

1 minute ago, Imperium said:

Because you cant argu that an N400 is delayed. You can only argue for ROC. If you combine both, it just makes the argument more complex. If an ROC is what is causing the delay, why then include N400 ( assuming the examination has not taken place). Just my understanding! 

and why is that so..? there is no hard rule that n-400 delay cant be challenged.  you cant challenge anything in the land of litigations 

[Imperium 81]

2 hours ago, Crazy Cat said:

I'm not sure I am following that logic.  The ROM is not dependent on the N-400.  However, the N-400 is dependent on approval of the ROC.  Just my thoughts.  I think I would try to push both at the same time.

ROC is not dependent. However, in case of a trial, it may be difficult to argue that a delay has occured on N400, absence of an examination. It then takes the focus away from main issue. 

[Boiler 45,740]

Trial? What Trial. This is all about getting them to pull finger out and do their job.

[Imperium 81]

2 minutes ago, igoyougoduke said:

and why is that so..? there is no hard rule that n-400 delay cant be challenged.  you cant challenge anything in the land of litigations 

8 U.S.C Sect 1447(b)  and interpreting Courts have held that the 120 after the date of an interview a temporal parameter to assess delay. N400 cant be argued as delayed if an examination ahs not occured and 120 days have not passed yet. As is the case of OP. He has yet to have an examination trigerring the 120 days requirement. 

[Imperium 81]

4 minutes ago, Boiler said:

Trial? What Trial. This is all about getting them to pull finger out and do their job.

If CIS dont agree to your conditions or have challenges, trial (hearing) is the next step.

Edited June 14, 2023 by Imperium

[Boiler 45,740]

Just now, Imperium said:

If CIS dont afree to your conditions, trial (hearing) is the step.

USCIS will not want to end up in Court to defending their incompetence, if you end up in Court there will be something else involved.

[Imperium 81]

8 minutes ago, Boiler said:

USCIS will not want to end up in Court to defending their incompetence, if you end up in Court there will be something else involved.

What I meant to say is that a trial is an ultimate part of this process and it did happen. Point is, our focus should be on an issue that we believe we merit the grant and that is compelling CIS to adjudicate ROC. N400 will get adjudicated once ROC is approved.

One thing to rememeber is that in case of people having issues (case related and dynamics) at home, when they petition the court, they should get them ready because FDNS will rush to visit the house to close any loop that is holding up the case.

Edited June 14, 2023 by Imperium

[Boiler 45,740]

1 minute ago, Imperium said:

What I meant to say is that a trial is an ultimate part of this process and it did happen. Point is, our focus should be on an issue that we believe we merit the grant and that is compelling CIS to adjudicate ROC. N400 will get adjudicated once ROC is approved.

You may need to translate that.

[Imperium 81]

1 minute ago, Boiler said:

You may need to translate that.

I would still focus on ROC.

 

[Imperium 81]

18 minutes ago, Boiler said:

You may need to translate that.

It is in english🤪

[Olga&Jared 267]

On 6/6/2023 at 7:58 AM, Rocio0010 said:

As some of you may know, I applied for my 751 back in February 2022. My N400 has been pending since February 2023, and it has done nothing to "unlock" my 751.

If it helps, you aren't alone. I have I-751 pending since November 2021, and it was at the fastest WAC (at that time). I also filed N-400 in February 2023, and I'm still waiting. While I totally share your anger and frustration with this forever-taking process, I also agree with those who write that 4 months waiting for N-400 is not a long time, and there's still hope. It does feel weird to me writing these lines given that I google latest topics with I-751 hashtag almost daily at this point, but let's just hope we get invited soon  I know my local office used to take 14-18 months for N-400 just over a year ago and processing time is at 4-10 months now. While rationally I understand that it's much faster, psychologically it's still difficult to handle because I've been waiting since bloody 2021. We're just too tired for being patient again, for one more case. But in the end of the day, it's the case to set us free. 

[Rocio0010 5,580]

Howdy y'all,

So I just received an update, nothing major... But the case status "actively being reviewed" date changed from Feb 6th to June 15 (yesterday). Does that mean anything at all?