Legal Question in Immigration Law in California

Naturalization application hold up

Situation:

Aug 2004 -- Applied for naturalization.

May 2005 -- Went for the Interview in San Francisco office. On the N-652 form, the officer checked ''You passed the tests of English & US history & govt.'' However, at the bottom, he also checked ''A decision cannot yet be made about your application.''

I asked why and he said he couldn't tell me. It is nothing I can do and they will follow up.

Aug 2005 -- Went to the San Francisco office to check on the status. The immigration officer told me she will check with the officer who interviewed me and I should get a response in 30 days.

Sept 2005 -- Went to the San Francisco office to check on the status again since no response in 30 days. I was told that case like this can take up to 2 years and I just have to wait.

Oct 6 2005 -- Still no response.

Questions:

I need help from someone who can check with USCIS and tell me what is going on. I just don't understand if there's something wrong, why would they ask me for the interview. My cousin applied 1 month after me, and she already took the Oath Ceremony in August 2005.

Please help.


Asked on 10/06/05, 8:44 pm

2 Answers from Attorneys
Geri Kahn Law Office of Geri N. Kahn

Re: Naturalization application hold up

Most likely your case is delayed due to background checks. The only method I have found to remedy the situation is to file a petition in federal court. This procedure has had the result of expditing the background check.

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Answered on 10/06/05, 9:44 pm
Brian Sather Sather Immigration Law

Re: Naturalization application hold up

I agree with Ms. Kahn, and by way of further explanation would add that USCIS is required to statute to adjudicate your Naturalization petition within 120 days of your interview -- that is the basis the lawsuit. Also, make sure you create and maintain good documentation of your attempts to communicate with the agency -- this will help your attorney.

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Answered on 10/06/05, 11:03 pm


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