Help!! Section 336 Act. Hearing immigration officer How?

[Calchapin]

On July 1st,2010 the 120 days have elapsed since my N-400 interview with no response. How do I request for an Interview before an Immigration officer?
It has not been denied and it has not been approved. Have I blown my chances because of the time lapse? I interviewed on March 1st, 2110

[bayareamom]

Have you ever tried to call to find out the status or tried to get an infopass appointment to speak with someone? For sure considering the time lapse if you tried to make an appt, they should be willing to expedite or atleast give you some idea of what's going on.

[MAN2010]

Try making an Info Pass appointment. Were you approved when you interviewed or did they inform you that a decision can not be made and they will mail you a letter???

[Calchapin]

Response to follow.

Try making an Info Pass appointment. Were you approved when you interviewed or did they inform you that a decision can not be made and they will mail you a letter???

They indicated that they needed a supervisor's review in order to approve and that they will let me know by mail. The footing of the form also says that if not responded within 120 days, that I have a right to request a hearing before the US District Court. I have called USCIS, today and was asked to wait another 45 days to receive a response on the inquiry. Will I be ok, time wise if needed to file the request for a hearing? Is there a time limit. If denied, there is a 90 days time limit to file an appeal to the same District Court. What about no response? Has anyone gone through that process? How can I research? A novice.

[Calchapin]

Have you ever tried to call to find out the status or tried to get an infopass appointment to speak with someone? For sure considering the time lapse if you tried to make an appt, they should be willing to expedite or atleast give you some idea of what's going on.

Tank you for your reply. I called today requesting an update and was told to wait another 45 days for a reply to my inquiry. Do you know if there is a time limit to file for the request to a hearing in front of the US.District court?
The time limit if you have been denied is 90 days. The hearing in front of the district court requires a 120 days with no response. Is there a limit to file after the 120 days have lapsed? Thank you for your time. Raphel.

[bayareamom]

My suggestion to you would be to proceed on making an INFO PASS appointment ASAP. It will take up some time but I think they will be able to give you more definite answers.. atleast they can clarify to you exactly what proper timelines you have with regards to appeals, etc. You can do the info pass appt online so it doesn't hurt to atleast do that.

[BigJoe5]

120 day info

If they have not made a decision on the N-400 you could file in District Court and ask the judge to order USCIS to take action (this is called a writ of mandamus) or explain to the Court's satisfaction what's taking so long.

If you actually get your N-400 denied then you can file an N-336 form to request a second hearing. If they still refuse naturalization, THEN and only THEN, you can again file in District Court. Then you would have to prove your eligibility to the judge in court instead of an officer in the USCIS office.

It's the same law, same requirements. You either prove it or not.

Keep us posted.

Bye,

x

[Timali]

If they have not made a decision on the N-400 you could file in District Court and ask the judge to order USCIS to take action (this is called a writ of mandamus) or explain to the Court's satisfaction what's taking so long.

If you actually get your N-400 denied then you can file an N-336 form to request a second hearing. If they still refuse naturalization, THEN and only THEN, you can again file in District Court. Then you would have to prove your eligibility to the judge in court instead of an officer in the USCIS office.

It's the same law, same requirements. You either prove it or not.

Keep us posted.

Bye,

x

Big Joe5, you are wrong! It is NOT called a "Writ of Mandamus" If a decision has not been made by USCIS in 120 days you have a right to file a 1447b in US District Court. At that time the court will decide the case or force the USCIS to make a decision in a timely manner, usually within 30 days.

[BigJoe5]

Tamil -- Try a dictionary next time

Tamil,

8 USC 1447(b) is the other codification of Section 336(b) INA (Immigration and Nationality Act) [USC =United States Code]

Here is a link to the statute:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD

or just search around on uscis.gov

Anyway, that section of law tells you that you can file in the U.S. District Court for action when USCIS has not made a decision on the N-400 after 120 days since the examination (interview). In that legal action you ask the court for action or "an order to compel performance of a particular act by a lower court or government officer or body". The legal term for a request for that type of action by a District Court upon USCIS is called a writ of mandamus.

Please also, read more slowly and closely, and specifically note the use of "If...Then" statements.

Please, do a little fact checking. Since you were obviously at a computer, perhaps it might have been a good idea to look up the definition of the words you did not understand.

Take Care,

[Timali]

Tamil,

8 USC 1447(b) is the other codification of Section 336(b) INA (Immigration and Nationality Act) [USC =United States Code]

Here is a link to the statute:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD

or just search around on uscis.gov

Anyway, that section of law tells you that you can file in the U.S. District Court for action when USCIS has not made a decision on the N-400 after 120 days since the examination (interview). In that legal action you ask the court for action or "an order to compel performance of a particular act by a lower court or government officer or body". The legal term for a request for that type of action by a District Court upon USCIS is called a writ of mandamus.

Please also, read more slowly and closely, and specifically note the use of "If...Then" statements.

Please, do a little fact checking. Since you were obviously at a computer, perhaps it might have been a good idea to look up the definition of the words you did not understand.

Take Care,

Big Joe5,

I have done a lot more fact finding than you have. You need more than a dictionary to make you understand simple things, you sound like a "know it all" type who is not willing to educate himself. Check the link below and stop misguiding the people on this forum.

http://www.legalactioncenter.org/sites/default/files/lac_pa_100605.pdf

[BigJoe5]

Let's be civil

Tamili,

I don't want to upset you. I'm sorry if you were offended. I just want to help people understand the reality of the situation as I am sure you do.

Yes, 8 USC 1447(b) does give two options to the U.S. District Court. You are right. But please explain to me why you felt the need to say:

"Big Joe5, you are wrong! It is NOT called a "Writ of Mandamus" If a decision has not been made by USCIS in 120 days you have a right to file a 1447b in US District Court. At that time the court will decide the case or force the USCIS to make a decision in a timely manner, usually within 30 days."

and then

"I have done a lot more fact finding than you have. You need more than a dictionary to make you understand simple things, you sound like a "know it all" type who is not willing to educate himself. Check the link below and stop misguiding the people on this forum."
____________________________________________________________ ___

I am more than happy to admit a mistake and learn from it. I am the first person to admit that I don't know everything. However, I am well acquainted with the Immigration and Nationality Act and most especially with naturalization and citizenship.

If you offer constructive criticism, I will gladly take it. I am more than happy to look up any references you wish to offer and follow links. The one you provided was very good, thank you.

However, when you blurt out insults with nothing to back it up, I get offended. Please keep that in mind. I request that you read through my posts and point out any mistakes you can identify and explain it to me (and whoever else comes across it). I would appreciate the help.

That goes for anyone else reading this as well.
Please read on.
____________________________________________________________ ____
(I have not changed a word, I just broke down the sentence with spaces.)
____________________________________________________________ _____
8 USC 1447(b) or 336(b) INA says:
____________________________________________________________ ____

"If there is a failure to make a determination under section 335 before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter.

Such court has jurisdiction over the matter and may either

determine the matter or

remand the matter, with appropriate instructions, to the Service to determine the matter."
____________________________________________________________ ____
(I have not changed a word, I just broke down the sentence with spaces.)
____________________________________________________________ _____
You said:
____________________________________________________________ _____
"If a decision has not been made by USCIS in 120 days you have a right to file a 1447b in US District Court.

At that time the court will

decide the case or

force the USCIS to make a decision in a timely manner, usually within 30 days."
____________________________________________________________ ____
Yes, 8 USC 1447(b) does give those two option to the U.S. District Court. You are right.
____________________________________________________________ _____
I said: ____________________________________________________________ _____
Anyway, that section of law tells you that you can file in the U.S. District Court for action when USCIS has not made a decision on the N-400 after 120 days since the examination (interview).

In that legal action you ask the court

for action or

"an order to compel performance of a particular act by a lower court or government officer or body". The legal term for a request for that type of action by a District Court upon USCIS is called a writ of mandamus.
____________________________________________________________ ___
Here I was pointing out that if all they wanted was for the judge to order USCIS to hurry up and do their job then that is called a writ of mandamus.

I'm sorry if I was not clear enough. I should have been more clear.
____________________________________________________________ _____
However, I also said to a person who had not yet filed in District Court and had not received a decision from USCIS and could receive a denial prior to filing a "1447b":
____________________________________________________________ ____
If you actually get your N-400 denied then you can file an N-336 form to request a second hearing. If they still refuse naturalization, THEN and only THEN, you can again file in District Court. Then you would have to prove your eligibility to the judge in court instead of an officer in the USCIS office.
____________________________________________________________ _____
The above refers to 8 USC 1441(c) also called 310(c) INA.
Sec. 310. [8 U.S.C. 1421] is the basic "Naturalization Authority" section.

This section informs applicants in the normal proccess, that if USCIS denies their application they have to exhaust administrative appeals BEFORE they can file in District Court.

So, if USCIS is late (beyond 120 days) and the applicant waits for a USCIS decision before filing a "1447b" they then become stuck going through administrative appeals before they can file under the regular judicial review.

It says:
____________________________________________________________ _____
INA 310(c) Judicial Review.-A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a) , may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.
____________________________________________________________ _____
The other section that the above refers to is:

[CITE: 5USC702]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 7--JUDICIAL REVIEW
Sec. 702. Right of review

I'm not going to cut and past, instead I have included a link.

for the full text see: http://frwebgate.access.gpo.gov/cgi-...USCPI&PDFS=YES
____________________________________________________________ ____
Like Tamili indicated, usually, the judge will remand to USCIS and give a time limit to make a decision. After I followed the link and checked out some of the cases that were cited as examples I saw that judges were all over the board in how manys days they gave for a decision: 30, 54, 60 or even another 120 days. I guess it depends on the individual judge.

In closing, I ask that we work together for the benefit of all who read this blog.

Hope to hear from you soon

Bye

[Timali]

Tamili,

I don't want to upset you. I'm sorry if you were offended. I just want to help people understand the reality of the situation as I am sure you do.

Yes, 8 USC 1447(b) does give two options to the U.S. District Court. You are right. But please explain to me why you felt the need to say:

"Big Joe5, you are wrong! It is NOT called a "Writ of Mandamus" If a decision has not been made by USCIS in 120 days you have a right to file a 1447b in US District Court. At that time the court will decide the case or force the USCIS to make a decision in a timely manner, usually within 30 days."

and then

"I have done a lot more fact finding than you have. You need more than a dictionary to make you understand simple things, you sound like a "know it all" type who is not willing to educate himself. Check the link below and stop misguiding the people on this forum."
____________________________________________________________ ___

I am more than happy to admit a mistake and learn from it. I am the first person to admit that I don't know everything. However, I am well acquainted with the Immigration and Nationality Act and most especially with naturalization and citizenship.

If you offer constructive criticism, I will gladly take it. I am more than happy to look up any references you wish to offer and follow links. The one you provided was very good, thank you.

However, when you blurt out insults with nothing to back it up, I get offended. Please keep that in mind. I request that you read through my posts and point out any mistakes you can identify and explain it to me (and whoever else comes across it). I would appreciate the help.

That goes for anyone else reading this as well.
Please read on.
____________________________________________________________ ____
(I have not changed a word, I just broke down the sentence with spaces.)
____________________________________________________________ _____
8 USC 1447(b) or 336(b) INA says:
____________________________________________________________ ____

"If there is a failure to make a determination under section 335 before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter.

Such court has jurisdiction over the matter and may either

determine the matter or

remand the matter, with appropriate instructions, to the Service to determine the matter."
____________________________________________________________ ____
(I have not changed a word, I just broke down the sentence with spaces.)
____________________________________________________________ _____
You said:
____________________________________________________________ _____
"If a decision has not been made by USCIS in 120 days you have a right to file a 1447b in US District Court.

At that time the court will

decide the case or

force the USCIS to make a decision in a timely manner, usually within 30 days."
____________________________________________________________ ____
Yes, 8 USC 1447(b) does give those two option to the U.S. District Court. You are right.
____________________________________________________________ _____
I said: ____________________________________________________________ _____
Anyway, that section of law tells you that you can file in the U.S. District Court for action when USCIS has not made a decision on the N-400 after 120 days since the examination (interview).

In that legal action you ask the court

for action or

"an order to compel performance of a particular act by a lower court or government officer or body". The legal term for a request for that type of action by a District Court upon USCIS is called a writ of mandamus.
____________________________________________________________ ___
Here I was pointing out that if all they wanted was for the judge to order USCIS to hurry up and do their job then that is called a writ of mandamus.

I'm sorry if I was not clear enough. I should have been more clear.
____________________________________________________________ _____
However, I also said to a person who had not yet filed in District Court and had not received a decision from USCIS and could receive a denial prior to filing a "1447b":
____________________________________________________________ ____
If you actually get your N-400 denied then you can file an N-336 form to request a second hearing. If they still refuse naturalization, THEN and only THEN, you can again file in District Court. Then you would have to prove your eligibility to the judge in court instead of an officer in the USCIS office.
____________________________________________________________ _____
The above refers to 8 USC 1441(c) also called 310(c) INA.
Sec. 310. [8 U.S.C. 1421] is the basic "Naturalization Authority" section.

This section informs applicants in the normal proccess, that if USCIS denies their application they have to exhaust administrative appeals BEFORE they can file in District Court.

So, if USCIS is late (beyond 120 days) and the applicant waits for a USCIS decision before filing a "1447b" they then become stuck going through administrative appeals before they can file under the regular judicial review.

It says:
____________________________________________________________ _____
INA 310(c) Judicial Review.-A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a) , may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.
____________________________________________________________ _____
The other section that the above refers to is:

[CITE: 5USC702]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 7--JUDICIAL REVIEW
Sec. 702. Right of review

I'm not going to cut and past, instead I have included a link.

for the full text see: http://frwebgate.access.gpo.gov/cgi-...USCPI&PDFS=YES
____________________________________________________________ ____
Like Tamili indicated, usually, the judge will remand to USCIS and give a time limit to make a decision. After I followed the link and checked out some of the cases that were cited as examples I saw that judges were all over the board in how manys days they gave for a decision: 30, 54, 60 or even another 120 days. I guess it depends on the individual judge.

In closing, I ask that we work together for the benefit of all who read this blog.

Hope to hear from you soon

Bye

Hello Big Joe5,

I appreciate your civil reply to my post. Your previous post did not do me justice, I apologise for any harsh words I may have used. Let's work together for the benefit of the community which is our end goal. Take care.