Hi everyone, I am posting my timeline and experience here for anyone that may be going through a similar scenario can hopefully benefit from this information.
Timeline
7/5/2020-Filed N-400 Online.
1/20/2021-Bio reuse notice.
2/25/2021-Interview scheduled notice.
4/5/2021-Interview.
4/27/2021-FOIA Filed online.
5/27/2021-FOIA received.
6/24/2021-Address change request.
~8/3/2021- 120-day deadline~
8/6/2021- 1st e-Request filed for Case outside normal processing time
8/20/21-Message sent via myUSCIS
8/30/21-Inquiry via Message sent to local USCIS office handling my case.
9/27/2021- Response received to 1st e-Service request.
10/6/2021- Response received from local USCIS office to Message sent.
12/21/2021- 2nd e-Request filed for Case outside normal processing time.
1/13/2022- Response received to 2nd e-Request filed.
1/14/2022-Calls placed to USCIS
1/24/2022-Case status updated
Details
Interview scheduled for April 5th, 2021. During the interview, which I passed, the officer mentioned I would receive an oath ceremony notice within 3 or 4 weeks.
I filed a FOIA request online on April 27th, 2021. For my records.
Per the USCIS policy manual: “USCIS has 120 days from the date of the initial naturalization interview to issue a decision. If the decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application in district court. The officer must base his or her decision on the laws, regulations, precedent decisions, and governing policies.
The officer may:
The officer must provide the applicant with a notice of results at the end of the interview regardless of the outcome. The notice should address the outcome of the interview and the next steps involved for continued cases.” August 3rd, 2021 should mark 120 days.
May 27th, 2021, FOIA received. Nothing out of the ordinary. I was able to see the interview by the officer and any need for a supervisor to get involved. Sometimes, when officers are new, or a case is complex, a supervisor needs to sign off to move the case forward. This was not the case for me.
August 6th, 2021, I sent the first e-Request for outside of normal processing times.
On August 20th, 2021, I sent an inquiry via the message feature on myUSCIS account. I received a reply on August 30, 2021, stating they will be forwarding my inquiry to the USCIS office that is processing my case.
September 27, 2021, I received a response to the first e-Request stating “The processing of your N-400 is within our current processing time. Please see our Web site at www.uscis.gov for processing times.” So, forget anything I said about the policy manual and the 120-day. According to the website, the average processing time for my local CIS office to adjudicate N-400 cases, which take between 12-17 months to process.
On October 6th, 2021, I received a reply to the message that was forwarded the local office. It stated “USCIS records reflect that your case is currently pending review by an Immigration Service Officer. You should receive further information regarding your case in the near future. If you do not hear from us, you may contact our National Customer Service Center using the information listed below.”
I filed a second e-Request on December 21st, 2021, for the case being outside of processing time.
January 13th, 2021, I received a reply- “USCIS has reviewed your Service Request. According to USCIS records, we are unable to move forward with your application until the required background checks have been completed. At this time, we are unable to determine when the adjudication of your case will be completed and no further action is required from you. We apologize for any inconvenience caused by delays in processing.”
This raised an eyebrow.
I called USCIS on January 14th, 2022; I spoke to two agents before speaking to someone who could help. Three calls, averaging a 30 min wait time in between. The first agent told me he was unable to check anything because his system was down, lol offered no other solution other than to call back.
The second agent reiterated what I had received via email—waiting on background checks. On the third call, this agent took the time to look into the case and verified my bio was reused, saw my response, and found it odd that USICS did receive my background check. The agent saw internal notes re: waiting on the background check.
The agent scheduled me for a call with a Tier 2 officer. Instructed me I should get a call within 30 days.
I have used the Notifier for USCIS case status app. I have checked it daily.
On January 25th, 2022, I received a status update on my case via the app. I had been put in place for the oath ceremony. My theory is the Tier 2 officer picked up my file and realized the undue delays were unnecessary and moved my case along.
In conclusion, familiarize yourself with the process. If something does not seem right, inquire. It looks like either an honest mistake or a lazy officer(s) in my case. I did not want to use the mandamus approach because I wanted to exhaust every option before taking that route.
Good luck to you all!
Timeline
7/5/2020-Filed N-400 Online.
1/20/2021-Bio reuse notice.
2/25/2021-Interview scheduled notice.
4/5/2021-Interview.
4/27/2021-FOIA Filed online.
5/27/2021-FOIA received.
6/24/2021-Address change request.
~8/3/2021- 120-day deadline~
8/6/2021- 1st e-Request filed for Case outside normal processing time
8/20/21-Message sent via myUSCIS
8/30/21-Inquiry via Message sent to local USCIS office handling my case.
9/27/2021- Response received to 1st e-Service request.
10/6/2021- Response received from local USCIS office to Message sent.
12/21/2021- 2nd e-Request filed for Case outside normal processing time.
1/13/2022- Response received to 2nd e-Request filed.
1/14/2022-Calls placed to USCIS
1/24/2022-Case status updated
Details
Interview scheduled for April 5th, 2021. During the interview, which I passed, the officer mentioned I would receive an oath ceremony notice within 3 or 4 weeks.
I filed a FOIA request online on April 27th, 2021. For my records.
Per the USCIS policy manual: “USCIS has 120 days from the date of the initial naturalization interview to issue a decision. If the decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application in district court. The officer must base his or her decision on the laws, regulations, precedent decisions, and governing policies.
The officer may:
- Approve the application;
- Continue the examination without making a decision (if more information is needed), if the applicant needs to be rescheduled, or for other relevant reasons; or
- Deny the application.
The officer must provide the applicant with a notice of results at the end of the interview regardless of the outcome. The notice should address the outcome of the interview and the next steps involved for continued cases.” August 3rd, 2021 should mark 120 days.
May 27th, 2021, FOIA received. Nothing out of the ordinary. I was able to see the interview by the officer and any need for a supervisor to get involved. Sometimes, when officers are new, or a case is complex, a supervisor needs to sign off to move the case forward. This was not the case for me.
August 6th, 2021, I sent the first e-Request for outside of normal processing times.
On August 20th, 2021, I sent an inquiry via the message feature on myUSCIS account. I received a reply on August 30, 2021, stating they will be forwarding my inquiry to the USCIS office that is processing my case.
September 27, 2021, I received a response to the first e-Request stating “The processing of your N-400 is within our current processing time. Please see our Web site at www.uscis.gov for processing times.” So, forget anything I said about the policy manual and the 120-day. According to the website, the average processing time for my local CIS office to adjudicate N-400 cases, which take between 12-17 months to process.
On October 6th, 2021, I received a reply to the message that was forwarded the local office. It stated “USCIS records reflect that your case is currently pending review by an Immigration Service Officer. You should receive further information regarding your case in the near future. If you do not hear from us, you may contact our National Customer Service Center using the information listed below.”
I filed a second e-Request on December 21st, 2021, for the case being outside of processing time.
January 13th, 2021, I received a reply- “USCIS has reviewed your Service Request. According to USCIS records, we are unable to move forward with your application until the required background checks have been completed. At this time, we are unable to determine when the adjudication of your case will be completed and no further action is required from you. We apologize for any inconvenience caused by delays in processing.”
This raised an eyebrow.
- I had my FOIA and could see they had received my background check from the FBI and local PD.
- According to the USCIS Policy manual, “USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks.[1] The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization. The background and security checks apply to most applicants and must be conducted and completed before the applicant is scheduled for his or her naturalization interview. See 8 CFR 335.2(b).
I called USCIS on January 14th, 2022; I spoke to two agents before speaking to someone who could help. Three calls, averaging a 30 min wait time in between. The first agent told me he was unable to check anything because his system was down, lol offered no other solution other than to call back.
The second agent reiterated what I had received via email—waiting on background checks. On the third call, this agent took the time to look into the case and verified my bio was reused, saw my response, and found it odd that USICS did receive my background check. The agent saw internal notes re: waiting on the background check.
The agent scheduled me for a call with a Tier 2 officer. Instructed me I should get a call within 30 days.
I have used the Notifier for USCIS case status app. I have checked it daily.
On January 25th, 2022, I received a status update on my case via the app. I had been put in place for the oath ceremony. My theory is the Tier 2 officer picked up my file and realized the undue delays were unnecessary and moved my case along.
In conclusion, familiarize yourself with the process. If something does not seem right, inquire. It looks like either an honest mistake or a lazy officer(s) in my case. I did not want to use the mandamus approach because I wanted to exhaust every option before taking that route.
Good luck to you all!
Comment