Found an issue on this page? Let us know and we will look into it as soon as possible.
120 days passed since the N 400 interview and no decision yet!
Anonymous3 views4 answers
I did my N 400 interview in July 19th 2012. IO gave me a letter " Decision can't be made at this time" because I had a long trip in the last five years. Now more than 120 days passed and they haven't rendered any decision. I made an Info Pass and the IO told me I have to wait a about 4 weeks because the application is under security check. I am wondering if this is a natural process or there is something unusual. my online application status still says " interview and testing".
Litigation may be an option, but you need someone to review your situation. Do you have a criminal background? Is there something in hour past that might lend itself to increased scrutiny or fraud? Took to an AILA immigration attorney in your area.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Online status always lags..
I strongly recommend hiring an attorney to do one last inquiry (to shown "exhaustion of all administrative remedies") and then file a Mandamus Action in Federal Court. That will likely shell shock USCIS and with the US attorney's office pressuring USCIS to settle, they likely will quickly cave in and agree to grant your citizenship.
As a general rule, USCIS does not take the 120 day time frame seriously. The law does not require USCII to make a decision in that time period. The agency make a decision when it is ready to make a decision The passing of the 120 day time period gives you the option of requesting a U.S. District Court judge to adjudicate your application rather than USCIS.
You have indicated that you took a "long trip" but we have no idea what amount of time that refers to. A trip in excess of 6 months presumptively breaks the continuity of your residence necessay for naturalization. Also, there is nothing to indicate that USCIS is being truthful with you about the status of your case and in the fact that you were told "security check" is unusual since usually the agency declines to indicate security issues are a consideration.
I suggest you consult with an experienced immigration attorney who can review your case and advise you of the options available and how best to proceed.
