Its been over 8 months since civic interview for citizenship

Atlanta, GA Viewed 43 times. Posted 10 months ago in Immigration

I am currently still awaiting some reponse from the USCIS after my civic interview for citizenship. This interview took place sometime in May of 2008. After waiting over a 90 day period without any responses, I made an appointment and visited the office. I was told that my case was pending due to my A1 folder missing and that a temperoray folder was being generated in its place(I was told the same thing on the day of my interview). After numerous visits and inquiries, I have gotten the same response, that this "temp folder" which has been requested by officers reviewing my case is still not available. So, I am stuck in the middle due possible negligence in the system and not sure what else can be done to expediate my case. - Is this your question? Add additional information

Answers (2)

David Nabow Soloway

This attorney is licensed in Georgia. Posted 10 months ago.

It is very frustrating when the USCIS fails to do its job efficiently. Unfortunately, this government agency frequently fails to have all necessary files in the hands of the adjudicating officer at the time of an interview/examination, and then takes a very long time to get the so-called "A File" matched with the temporary (or "T File") and timely reviewed.

If you are represented by an attorney who is a member of the American Immigration Lawyers Association, that attorney may find it useful to follow-up through the USCIS-AILA Liaison Committee. Sometimes (but infrequently) an applicant can ask his/her U.S. Senator's or Congress Representative's office to assist, but note that this could result in multiple government requests for the same file, which could add to the delay.

Finally, there may be recourse through a lawsuit that seeks to have a Federal Court judge order the USCIS to complete the adjudication; known as a "mandamus action," this type of litigation can become cumbersome because the USCIS defends against the lawsuit by challenging the court's jurisdiction (or legal authority) to compel the Executive Branch to perform its job by a particular time. Believe it or not, although the law requires an adjudication within 120 days following the examination, the USCIS has taken the position that the "examination" is not the interview/examination that took place for you in May, 2008, but instead somehow is the examination of the entire case (here, including the missing A-File). Mandamus actions are most persuasive when there are compelling reasons to need an adjudication without additional delay, and these reasons are beyond the mere desire for finality that everyone seeks. Compelling reasons might include, for example, a need to petition for a spouse, the ageing-out of a child for certain benefits, etc.

[As contemplated by Avvo policy, this response is intended as general information and not specific legal advice, and this response does not create an attorney-client relationship.]

David

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404/320-7000 ext 5, dsoloway@fspklaw.com

Philip Alan Eichorn

This attorney is licensed in Ohio. Posted 10 months ago.

After 120 days has passed your examination, you have the right to file a federal lawsuit against the government. The lawsuit is called a mandamus and you would be asking a federal judge to order USCIS to issue a decision on your case. You should consult with an attorney regarding this type of action and whether or not it is appropriate for you.

www.eichorn-law.com