N-400 is still not approved after the interview

[Max_The_Cat 0]

I had my N-400 interview in October 2023. I successfully passed it but the officer told me she can’t approve it because my I-751 is still pending. It’s been more than 5 months since the interview and nothing has changed: I-751 is still stuck on biometrics and N-400 is on interview scheduled. I submitted an e-request in Feb and got genetic response that the delay is due workload factors not related to my case.

I also reached out to my senator last week, but it did not help. 
Anything else I can do? Any advice would help! 

[Dashinka 24,487]

You can try the CIS Ombudsman, but if both cases are within normal processing times, they also may not be much help.

 

Good Luck!

[powerpuff 6,697]

*** Topic moved from General Immigration discussion to US Citizenship Progress Reports section ***

[Max_The_Cat 0]

9 hours ago, Dashinka said:

You can try the CIS Ombudsman, but if both cases are within normal processing times, they also may not be much help.

 

Good Luck!

N-400 is outside normal processing time, but I-751 is still within the processing time, USCIS doesn't let me submit an e-request for I-751

[OldUser 6,625]

You can sue USCIS for decision 120 after the interview, as allowed by law. Either you can do it yourself or hire lawyer to file Writ Of Mandamus (lawsuit)

[Max_The_Cat 0]

Just now, OldUser said:

You can sue USCIS for decision 120 after the interview, as allowed by law. Either you can do it yourself or hire lawyer to file Writ Of Mandamus (lawsuit)

I'll look into it, thanks!

[OldUser 6,625]

1 hour ago, PVR Bound said:

But be careful how you word your lawsuit; if you file for a decision on your N400 you may force the USCIS to deny your N400 based on an ongoing I-751. And with the I-751 still within expected processing time.

Agreed, WoM should include decision on I-751 too

[Dashinka 24,487]

56 minutes ago, OldUser said:

Agreed, WoM should include decision on I-751 too

But the I751 is still within normal processing times, so could a WoM drive a decision there?   To my knowledge there is nothing that drives USCIS to adjudicate the I751 just because an N400 was submitted.  Now for most, the cases are combined and decided at the same time, but there is no requirement that this happen unless someone has more information.

Edited April 14 by Dashinka

[OldUser 6,625]

5 hours ago, Dashinka said:

But the I751 is still within normal processing times, so could a WoM drive a decision there?   To my knowledge there is nothing that drives USCIS to adjudicate the I751 just because an N400 was submitted.  Now for most, the cases are combined and decided at the same time, but there is no requirement that this happen unless someone has more information.

I don't have exact information. I think lawyers specializing in Mandamus (Hacking et al) cite the clause in the law which is says something like "case should be decided in reasonable amount of time". I think published processing times are not legally binding, but the law is open to interpretation, and lawyers claim anything over 12 months is unreasonable. The idea is, USCIS doesn't want to burden IJ as they're too busy, so they decide on case. I'd love to hear from @igoyougoduke

Edited April 14 by OldUser