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Imperium

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  1. Imperium
    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.
  2. Imperium
    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.
  3. Imperium
    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.
  4. Imperium
    Since you have not had your interview, a Demand Letter will not serve your purpose.
  5. Imperium
    It is not a part of formal complaint or WOM, so no.
  6. Imperium
    U.S.C 8, Section 1447(b) grants a USDC judge popwer to naturalize an applicant. Main difference in WOM and an action under 1447(b) is that WOM grants USCIS a concurrent jurisdiction while Section 1447(b) strips USCIS of a jurisdiction and vests it into a USDC. WOM can be a tool for any Administrative Delay because it allows a judge to force an employee to do their job. For a Writ of Mandamus lawsuit, one needs to demonstrate three things: a-. you have a clear right to the relief sought b-. the defendants have a clear, non-discretionary duty to act within reasonable period of time c. no other remedy is available Section 1447(b) is a remedy available only to naturalization applicants who have had, a- Their Interview, b-It has been 120 days after that interview, c- USCIS has not made a determination on that application. In this case, once a USDC assumes jurisdiction, it can remand the matter to USCIS time bounding them to make a decision (most cases are resolved at pre-trial stage by ASUA) or sets a date for a hearing to conduct de novo review of an application and naturalize the applicant. If an applicant has a clear prevailing party(through representation, not Pro Se) they can also be granted attorney fee etc.
  7. Imperium
    It has worked several times.
  8. Imperium
    I have a sample DL that OP can use as a guide but before that, I have posted two questions for OP.
  9. Imperium
    Would it not be feasiable to send a "Demand Letter" to his local USA (instead of writing to Ombud) indicating his intent to file a complaint in the USDC? After all, OP intends to minimize any further delays. It is USA office who eventually caliberates the pressure on USCIS for a prompt adjudication. This may end up solving his issue because many USA dont want to add more work on their shoulders and resolve the matter before it creates an electronic file at DOJ.
  10. Imperium
    Do you still live in NY? What FO did you apply to? If you apply Pro Se, you need to research and read precedents. You will need to read Federal Rules of Civil Procedure (Parts that apply to you) and any Local Rules so you can litigate your case better. It is not a rocket science but it is definately complex than doing an N-400, With that being said, there are plenty of people who have done it Pro Se. I am, personally, of an opinion that lawyers are waste of time except (Removal Proceedings). For a "Complaint for An Action Under 8 USC, Section 1447(b)," I can share a sample that will guide you to write your complaint.
  11. Imperium
    OP can file a Complaint for An Action Under 8 U.S. Code, Section 1447(b), however, more information is needed to determine right course of action. Unlike WOM, a complaint under Section 1447 (b) proven to be very useful and can be managed Pro Se.
  12. Imperium
    I mean, to most cases we have under this decision pending tracker, U.S.C Section 1447(b) does apply. A case where ROC is pending, USDC can take jurisdiction, review the evidence and then remand it to USCIS for a prompt appropriate action on ROC, but in cases where ROC is not pending, Cogress empowered a USDC through U.S.C 1447(b) to assume jurisdiction and naturalize an applicant.
  13. Imperium
    To the cases such as of OP, it does appky. This tracker is full of many people waiting beyond 120 days. Please read U.S.C Section 1447(b).
  14. Imperium
    Was your Interview completed and passed?
  15. Imperium
    Read and then come back!
  16. Imperium
    WOM is a lengthy process and complex for a Pro Se. Additionally, more importantly i must say, it requires a judge to force an officer of USG to act on an aplication. Unlike WOM, Petition under 8 U.S.C 1447(b) essential empowers a district court a jurisdiction over a Naturalization application that is pending beyond a 120 days after the initial examination. by their right under Section 336 INA, 8 U.S.C 1447(b), a Plaintiff strips USCIS from a jurisdiction and brings the application to the court for de novo review, and time boud USCIS to adjudicate or ask a Judge to Naturalize them, if general requirements of naturalization eligibility have been met. WOM is a broad relief, while an action under 8 U.S.C 1447(b) is confined to delayed naturalization cases that have been without a decison after 120 days. Yes, I have assisted people:)
  17. Imperium
    Can you see quad on your boarding pass "SSSS?" That may also be a reason.
  18. Imperium
    Do you have your Form N-652; Naturalization Interview Results? If you read the fine prints at the very bottom of the page, USCIS states a remedy that is cheaper and more efficient. "An action under section 336(b) of the ina (8 usc 1447(b)" You need that this in your local US District Court.
  19. Imperium
    WOM is an ineffetive, costly and uncertain remedy. Does your N-400 includes a pending I-751? .
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