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Response time to Congressional inquiry for delayed N400

Chicago, IL |

Hi,

It's been over 200 days since my RFE after N400 interview and I've still not got any updates from USCIS. The officer is literally delaying the process, without even updating the online case status to RFE response review from RFE. I've initiated a Congressional inquiry during first week of August and it's been more than 40 days since my Congresswoman's office started their inquiry process and we still don't have any updates. Any idea of how long will USCIS takes to respond to Congressional inquiry? What should be my next step, if there is no proper response from USCIS to Congressional inquiry?

Attorney Answers 4


  1. It is not surprising that a Congressional inquiry is taking a long time. Neither is delayed processing by the USCIS unusual. The law requires that a decision be made after the N-400 exam within 120 days of the interview. If this is not done, a mandamus action can be filed against the USCIS in federal court. Without knowing the particulars of the RFE and your response, I cannot comment further. You need the assistance of an experienced immigration attorney to pull you out or this quagmire.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


  2. I'm sorry to say that you're probably wasting your time.

    Usually, when they eventually send a letter, CIS will tell the Congressperson: "Thank you for your inquiry. Please be assured that we're doing our job and will proceed as fast as we can ... please go and do your job of making laws while we do our job of enforcing them." Yes, that's right, most Congressional inquiries are merely a futile act of giving 'lip service' to an inquiry.

    Since we don't know what was asked for in the RFE ... we can't guess as to whether or not 200 days is an appropriate time for CIS to review your evidence.

    If you think you're on super-solid ground and there is no question relating to your physical presence in the US and good moral character ... hire a lawyer and file a Federal District Court lawsuit ... that'll get some action ... but will cost you thousands of dollars.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. In situations such as the one you are describing no "congressional" or other "inquiry" will help. If you have a "squeaky clean" naturalization application and have no "ghosts" in your closet that might come to haunt you, then your only way out (and forward) is a mandamus action in federal court, forcing USCIS to "act" upon your N-400. But again, you only resort to that if you've got a squeaky clean case. Otherwise you'd be throwing thousands of dollars out the window for nothing. Experienced immigration lawyers do not take mandamus actions on the cheap; many hours of work are involved in properly preparing one.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. Probably a waste of time

    www.Low-Fee-Immigration-Lawyer.com

    John Lassen 1-877-252-4630

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