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When to approach an attorney for N400 - Naturalization delay?

Chicago, IL |

Hi,

It's been 182 days since my Naturalization interview, the officer handed over a RFE notice to which I responded within 10 days. It was also received by the Officer, but he neither updated it online case status nor taken next step on my case. I made 2 Infopass appointments in which I got very rude response from a USCIS supervisor, who just said they've received the documents & it's upto the Officer to process my case. Did couple of Tier 2 requests - no updates, finally I've now written to Congresswoman 2 weeks back, but no updates yet. How long should I wait to take next step? If things doesn't work with Cong, inq., does this mean I've exhausted all other administrative inquiries? Will things work, if I work with an attorney to get my case processed & how long does it take to process?

By reading the above, have I exhausted all admin process? How long will it take to resolve this case by an attorney?

Attorney Answers 6


  1. Best answer

    I am really sorry that you've been through such a hassle! I think most attorneys can certainly identify with your frustration in dealing with agency delays. Since the infopass did not appear to work, and your phone calls and requests have gotten you nowhere and even tried congressional help, it seems as if you have truly exhausted all your means of recourse EXCEPT for getting a good immigration attorney involved. You should really consider hiring one for your own peace of mind. An immigration attorney can compel the government to adjudicate your case by filing what is called a mandamus action. Since you've been waiting this long, with all the run-around, whatever fee the attorney would charge seems well worth finally getting this resolved so you can become a citizen, don't you agree? Chicago has many great immigration attorneys to choose from. Talk to a few and see with whom you get on with and then make a decision. Good luck!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  2. Option 1: continue waiting
    Option 2: do an InfoPass
    Option 3: retain an experienced immigration attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. It is definitely high time to have an attorney look into this for you and look into how to move your case along.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.khurgel.com -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


  4. You can either continue waiting or move forward with the assistance of an immigration attorney. An immigration attorney can review the case and determined if it is best to try the resolve the matter through administrative channels or seek review in federal court.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  5. An attorney can file a lawsuit to compel a decision on your long overdue case. When all else fails, consult one.


  6. File a Mandamus?

    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 opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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