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Did the Naturalization Interview and received "a decision cannot yet be made about your application", what should I do?

Quincy, MA |

At the beginning of September, i went to the Naturalization interview and passed the test, but when the officer gave me the results, the box "a decision cannot yet be made about your application". What should I do? I've been in the US since 1984 and hasn't been out of the country for more than 1 month. I've been to Canada about 4-5 times on vacation, for no longer than one and a half week at a time. I've been back to my country twice and those two trips, I was only there for 1 month. I have no idea why it should be taking this long. I haven't heard from them since I took the test. What can I do?

Attorney Answers 4

Posted

1. Try to find out why you got that decision (any criminal history in your past maybe?). There are many reasons that someone may be given that answer, but you need to find out what the reason is as it pertains to you. Once you find out the reason, then you can challenge it.
2. Speak with a local Immigration Law attorney. An attorney will be able to sit down with you for a free consultation, and devise a fact and situation specific plan with you.

Best of Luck,

Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116
617-515-5545
www.KavajaLaw.com

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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Posted

The beginning of September is not a long time ago. I have seen some people wait a year or even longer. If you do not hear from them after six months, you may contact them at 800-375-5283 or schedule an INFOPASS appointment at the local USCIS office

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Posted

Your status with "a decision cannot yet be made about your application" indicates, at least to me, that your file has raised certain questions and required further scrutiny or follow up by the USCIS. Since I have not worked on your file and have not represented you at that interview I cannot say what possibly led to such closer review.
That brings us to the issue of your next action. In my opinion, especially, when you "have no idea why it should be taking this long" requires a professional assistance by a competent immigration attorney in MA.
And, finally, it has been my experience that immigration matters submitted prior pro se and resulted in a similar result are more complex due to the already created omissions and possible mistakes one desires to avoid ab initio.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

By law, the immigration service has 120 days from the time of the interview to give you a decision on your naturalization application. Most likely, they will, but if they don't - you have the right to petition to federal court. I am happy to talk to you about this option.

Gregory Romanovsky, Esq.
617.787.0000
gr@romanovskylaw.com
www.romanovskylaw.com

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