Advice, opinions. N-400 confusion

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Old May 14th 2009, 10:40 pm
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Default Advice, opinions. N-400 confusion

Hi all.
I will try to keep this relatively brief. I applied for citizenship in September 2008 and received a priority date of 10th September 2008. Everything went relatively smoothly right up until February, or so it seems. I had my fingerprints done in October and in February received a yellow letter telling me that I need to bring my drivers license and passport to my interview. I didn't get an interview letter though.

I have been on 2 infopass appointments and the last one in April, I was informed that my file was in Nebraska. My DO is Fairfax, Virginia. The officer told me that she didn't know why my file was in Nebraska, so would put in a request for it to be returned to Fairfax. She told me I should expect to receive my interview letter in less than a month as my fingerprints and everything had cleared and she could not see a reason why the file was in Nebraska.

A month later and still so sign of a letter. So I thought I would contact one of the congress people. Not really knowing who or what to contact I chose a local congressman and he has been very nice and quick to respond, but I just got a letter from him saying he called the USCIS and they told him the file is not in Nebraska it's at the National Benefits Center. And once THEY have completed the processing the file is sent to Fairfax.

So, my confusion is that if the officer at my local office told me to my face that the file is in Nebraska, for no apparent reason, then how could they now have the file in a National Benefits Center? I did a search because I had not heard of a National Benefits Center, and what I read was that things go there BEFORE you get your fingerprinting letters etc. But I have already done that. The yellow letter made it seem like I would get the date very soon after.

If the officer says everything was cleared it doesn't make sense that the file would be in either Nebraska OR the NBC. It should be in frigging Fairfax so they can give me a date.

I have read on another immigration forum and on here, of people who filed as much as 4 months later than I did, at the same processing places, and they have already had interviews.

Anyone else had this happen? I am reading and hearing such conflicting info. Some say processing for Fairfax is 5 months. Some say a year is normal.

The whole reason I applied back in September was so that I could take the old test. At this rate I will end up having to take the new one because they won't get my interview date in before the deadline. And the frustration of not knowing really where things are at is...well...frustrating.
Particularly when you read of others who applied in December or January and already have either citizenship, or at the very least an interview date.


N-400 sent September 2008
Priority date September 10 2008
Fingerprints October 2008
Yellow Dept. Of Homeland Security letter February 2009.
Nothing since.

I really just need to vent. Hubby is not much help. He doesn't get why I am eager to get all this malarkey over with.

Should I contact a Senator now? I think the congressman just called the 800 number and was given the same old heave ho you always get when you call that..."It's within normal processing times, blah, blah, blah".

I would really appreciate some replies from either others in this situation, or who have gone through it, and what can/should I do? I don't know what the heck is happening. Or where my file is.
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Old May 15th 2009, 5:55 am
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Default Re: Advice, opinions. N-400 confusion

The senator may be an option, it sounds like your congressman didn't put in too much effort.

It may be worth calling the 1-800 number and asking for a 2nd level IO, they should transfer you, perhaps reluctantly, you may get useful info that way.

Allegedly, if you call the 1-800 number choose options 1,2,3, then say you sent your N400 more than a month ago and have had no receipt you will be transferred to a level 2 IO who will answer you real question, but I have no first hand experience.

Good luck.
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Old May 15th 2009, 11:39 am
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Default Re: Advice, opinions. N-400 confusion

Originally Posted by Norri
The senator may be an option, it sounds like your congressman didn't put in too much effort.

It may be worth calling the 1-800 number and asking for a 2nd level IO, they should transfer you, perhaps reluctantly, you may get useful info that way.

Allegedly, if you call the 1-800 number choose options 1,2,3, then say you sent your N400 more than a month ago and have had no receipt you will be transferred to a level 2 IO who will answer you real question, but I have no first hand experience.

Good luck.
Thanks for taking the time to reply Norri. I appreciate it.
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Old May 15th 2009, 12:14 pm
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Default Re: Advice, opinions. N-400 confusion

A senator can do no more than the congressperson can. Too many cooks in the frey will only screw things up.

When they told you Nebraska that only means that your file was in the correct place. I believe for WVA the service center for you is Nebraska and that is where the file should be when you first applied for your naturalization. They are the ones that send out the biometrics appointment for you, not Fairfax. Once Fairfax is clear to set up an appointment, they request the file from the service center and you are issued an appointment letter. So on that you seem to be on the normal tracking road.

All Fairfax has to do is request your file to be returned to them for completion of the processing, i.e. interview appointment set up and adjudication of the application.

When you call the infamous 1-800 misinformation number, firmly request to speak with a supervisor. They are able to redirect your file to the correct office. Ask your congressperson to followup in a few weeks.
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Old May 15th 2009, 4:27 pm
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Default Re: Advice, opinions. N-400 confusion

Originally Posted by Rete
A senator can do no more than the congressperson can. Too many cooks in the frey will only screw things up.

When they told you Nebraska that only means that your file was in the correct place. I believe for WVA the service center for you is Nebraska and that is where the file should be when you first applied for your naturalization. They are the ones that send out the biometrics appointment for you, not Fairfax. Once Fairfax is clear to set up an appointment, they request the file from the service center and you are issued an appointment letter. So on that you seem to be on the normal tracking road.

All Fairfax has to do is request your file to be returned to them for completion of the processing, i.e. interview appointment set up and adjudication of the application.

When you call the infamous 1-800 misinformation number, firmly request to speak with a supervisor. They are able to redirect your file to the correct office. Ask your congressperson to followup in a few weeks.
Does that apply for Northern Virginia? I am not in WVA? Because when I sent off the application I read I had to send it to Vermont and was under the impression they then send it to my local DO which is Fairfax.
I have nothing to do with Nebraska according to the Infopass IO that actually told me the file was there. Even she said she did not know WHY it was there! That is why I am confused.

Thanks

Last edited by HighSpeedGrandma; May 15th 2009 at 4:30 pm.
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Old May 15th 2009, 4:34 pm
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Default Re: Advice, opinions. N-400 confusion

I wonder if an InfoPass appointment wouldn't be more useful than another phone call; the officers there are more motivated to help you out (maybe) and at least you are there in person as a real entity to them. I always had good results in person.
I also wonder if your case isn't stuck in a name check, that is one reason it could be withheld from the DO (the service tries to not interview you unless the name check is back). Usually they will tell you if that is what's holding things up.
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Old May 15th 2009, 4:41 pm
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Default Re: Advice, opinions. N-400 confusion

Originally Posted by meauxna
I wonder if an InfoPass appointment wouldn't be more useful than another phone call; the officers there are more motivated to help you out (maybe) and at least you are there in person as a real entity to them. I always had good results in person.
I also wonder if your case isn't stuck in a name check, that is one reason it could be withheld from the DO (the service tries to not interview you unless the name check is back). Usually they will tell you if that is what's holding things up.
Thanks Meauxna but at the last Infopass appointment she told me everything had cleared. I am sure she would have said if there had been a name check issue. In fact I specifically asked if there were any fingerprint or security issues and she said no.
I personally think they have lost my file and have no clue where it is.

I think I will give it another week or so and then make my 3rd visit to them. Not that it does much good. Maybe I am just being too impatient! I just can't think of any reason for things to be delayed like this though, when others are clearing in a couple of months in this area.

The irony is, I thought things would go faster if I applied based on the length of time I had my GC and not on being married to an American. I thought it would take less paperwork to provide and less details to verify. I think I was wrong.

Last edited by HighSpeedGrandma; May 15th 2009 at 4:44 pm.
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Old May 15th 2009, 6:08 pm
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Default Re: Advice, opinions. N-400 confusion

I don't think you're being too impatient at this point; I do think you need to stay on top of them to get your file to the right place.
Wherever that may be at the moment...
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Old May 15th 2009, 6:25 pm
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Default Re: Advice, opinions. N-400 confusion

Originally Posted by HighSpeedGrandma
Hi all.
I will try to keep this relatively brief. I applied for citizenship in September 2008 and received a priority date of 10th September 2008. Everything went relatively smoothly right up until February, or so it seems. I had my fingerprints done in October and in February received a yellow letter telling me that I need to bring my drivers license and passport to my interview. I didn't get an interview letter though.

I have been on 2 infopass appointments and the last one in April, I was informed that my file was in Nebraska. My DO is Fairfax, Virginia. The officer told me that she didn't know why my file was in Nebraska, so would put in a request for it to be returned to Fairfax. She told me I should expect to receive my interview letter in less than a month as my fingerprints and everything had cleared and she could not see a reason why the file was in Nebraska.

A month later and still so sign of a letter. So I thought I would contact one of the congress people. Not really knowing who or what to contact I chose a local congressman and he has been very nice and quick to respond, but I just got a letter from him saying he called the USCIS and they told him the file is not in Nebraska it's at the National Benefits Center. And once THEY have completed the processing the file is sent to Fairfax.

So, my confusion is that if the officer at my local office told me to my face that the file is in Nebraska, for no apparent reason, then how could they now have the file in a National Benefits Center? I did a search because I had not heard of a National Benefits Center, and what I read was that things go there BEFORE you get your fingerprinting letters etc. But I have already done that. The yellow letter made it seem like I would get the date very soon after.

If the officer says everything was cleared it doesn't make sense that the file would be in either Nebraska OR the NBC. It should be in frigging Fairfax so they can give me a date.

I have read on another immigration forum and on here, of people who filed as much as 4 months later than I did, at the same processing places, and they have already had interviews.

Anyone else had this happen? I am reading and hearing such conflicting info. Some say processing for Fairfax is 5 months. Some say a year is normal.

The whole reason I applied back in September was so that I could take the old test. At this rate I will end up having to take the new one because they won't get my interview date in before the deadline. And the frustration of not knowing really where things are at is...well...frustrating.
Particularly when you read of others who applied in December or January and already have either citizenship, or at the very least an interview date.


N-400 sent September 2008
Priority date September 10 2008
Fingerprints October 2008
Yellow Dept. Of Homeland Security letter February 2009.
Nothing since.

I really just need to vent. Hubby is not much help. He doesn't get why I am eager to get all this malarkey over with.

Should I contact a Senator now? I think the congressman just called the 800 number and was given the same old heave ho you always get when you call that..."It's within normal processing times, blah, blah, blah".

I would really appreciate some replies from either others in this situation, or who have gone through it, and what can/should I do? I don't know what the heck is happening. Or where my file is.
Hello,

First of all, if you have applied earlier than 10/01/2008, and you receive an interview date after that date up until 10/1/2009, you can choose to take either the new or the old test. It's your choice.

You have gone to your congressman. That did not seem to work. You have done a number of infopass appointments. Have you considered hiring an immigration attorney in your city? Such an attorney can accomplish a few things for you. First of all, if there is an issue such as a lost file, the attorney will more effectively be able to track this with USCIS. I would have the attorney work on this first. If these inquiries do not work, you can also sue the USCIS to get you that interview. You paid your fees and are entitled to a hearing on the N-400.

There are quite a few attorneys in Fairfax who are AILA members and specialize in naturalization.
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