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IS IT NORMAL FOR USCIS TO TAKE SO LONG TO MAKE A DECISION IN RELATION TO AN N-400 APPROVAL?

Rahway, NJ |

MY FRIEND WENT TO HIS FIRST INTERVIEW BACK IN SEPTEMBER OF 2012 AND PASSED THE HISTORY TEST. HOWEVER, HE WAS ASKED TO GO BACK FOR A SECOND INTERVIEW TO SUBMIT EVIDENCE ABOUT AN OFFENSE HE HAD IN THE PAST. HE WENT TO HIS SECOND INTERVIEW AND WAS ASKED TO WAIT FOR THE DECISION BY MAIL. IT HAS PASSED ALMOST A YEAR AND HE HAS NOT RECEIVED ANY RESPONSE. IS THIS NORMAL?

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Attorney answers 6

Posted

It is not quite normal. Make your friend to go for infopass appointment at his local USCIS office to inquire about the case status. If it doesn't work, retain an immigration attorney for Mandamus complaint option.

Posted

No, that is not "normal." By law USCIS has 90 days after the last interview during which to render a decision on the application for naturalization. Your friend should schedule an Infopass appointment to inquire about the status of the case, but I wouldn't be holding my breath about getting a meaningful answer. If this is an otherwise approvable case, then a Mandamus action in federal court should be contemplated. Schedule a consultation with a local immigration lawyer to investigate this further.

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.

Posted

You should speak with an immigration lawyer immediately. As my colleagues have already astutely pointed out, you will likely need to apply for Mandamus relief. Schedule a consultation as soon as possible.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Posted

No, it is not normal. Consult with an Immigration Attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

I agree with my colleagues. The first step could be an infopass appointment. But it is best to consult with an immigration attorney about the delay. Criminal offenses can delay the process.

Posted

Normal is relative. It shouldn't happen, but does all the time. An infopass appointment is not going to help. They won't give any information and it will not get the case moving. Meet with a lawyer. There could be a reason for the delay that needs to be addressed. If not, a lawyer can push the case through contacts with supervisors or through litigation in federal court b