My mother and father both went to their interviews on July/12/2011 at the same time, by different officials. My mother received her decision that same day and took her oath. My father however was told he passed the tests, yet a decision could not be made and they would notify him of a decision by mail. It is now 11/04/2012 and he has not received anything stating a decision or requesting any additional information. We keep trying to call but we can never reach someone and we've tried to go online but we need a "receipt number", which we cant find anywhere in his paperwork. What could be causing such a long delay and what do we need to do to get a decision? Can such a long time period cause him to have start this process all over again?
By law USCIS has 120 days to make a decision on an application for naturalization. If that time elapses then the alien may file an action in U.S. District Court seeking review of the application. Under the timeline you have provided the 120 day period has not yet elapsed.
There could be many reasons why your father's application was not recommended for approval at the time of his interview including his criminal or immigration history, past travel, etc. Since we don't know any of the facts of his case anything said he is speculative at best.
Consult with an experienced immigration attorney who can review the facts of your father's case, advise you what to expect, and recommend how best to proceed.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
4100 RCA Blvd., Suite 110
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.
Schedule an infopass appointment to make inquiries or retain an attorney to make inquiries in your behalf, including possibly with the naturalization chief of your local district office.
The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.
Background checks sometimes take a while, bu this is a very long time. It is particularly strange given his wife's swift completion. Get a lawyer to review his file and put pressure on uscis. There are things that can be done to force uscis to make a decision.
I agree with my colleagues. It is now time to get an immigration attorney involved. USCIS can now also use Sandy as an excuse.
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