navman

I am a LPR and applied for Citizenship in May 2020, I have still not had my interview / appointment scheduled, my spouse applied 4 months later and became a US citizen this summer.

I contacted my local congress representative to help, they followed up and I was told that my A-file is still with the National Benefits Center (NBC) and has not been passed on to my local office therefore there is nothing they can do.

What is going on with this delay, Is there anything that I can do?

S Folinsky

<sigh>

I practiced immigration law for 40 years and it was situations like this that would drive lawyers nuts. Sometimes “your mileage may vary” applies.

That said, you don’t say where you are located and who is your local DHS office. What is the “normal processing time” for your locality? Your wife may have been lucky and her application went faster than normal. The minions of the dark forces do not consider that reason to accelerate your case if it should be within “normal processing time.” I wonder what your congressional office was told.

If it is truly outside of normal processing time, you may want to contact an attorney regarding a “mandamus” suit. Yes, it costs money, but the very nature of the suit is “fish or cut bait” or “shit or get off the pot.”

navman

I am based in San Jose, CA. The A number has still not been passed onto my local field office. Normal processing times have elapsed in Dec

S Folinsky

These time frames are not etched in stone or cast in concrete. It pays to remember they are estimates. Nonetheless, you are in the penumbra surrounding the edge of the estimates.

As to congressional enquiries, it pays to remember that, figuratively speaking, DHS works for Joe Biden and previously for Donald Trump; not the congressperson. So, beyond obtaining information, a congressperson cannot directly assist you. That said, a congressional inquiry can have a beneficial effect.

When I was in practice, I would not have considered your timeline to be suitable for a mandamus suit.

BTW, I am personally annoyed that these cases take so long.

sun_burn

I live in the San Jose office zone. Even 4-5 years back when I naturalized it demonstrated high standard deviation, with some taking only 4-6 months (I took 6.5 months from application to oath) and some taking close to 2 years, and that was well before Covid.There's just a lot of people in the bay area applying; it used to be a joke that if you wanted the process to move faster, move to Fresno for a while.

I don't think this has changed due to Covid. If anything it's probably made it worse due to USCIS office closures increasing pendency, and the black hole nature of the process does not help. Back then people used to resort to mandamus suits when past the 2 years mark, but that's just my hazy recollection.

navman

Almost 2 years since application was filed, still same message that my application is delayed pending receipt of your A-file from the National Benefits center. Is there anything that I can do to expedite this? My wife's application took 9 months and she filed 3 months after me!

Rete

Yes, contact your political representative's immigration liaison and ask them to inquire about your application.

tht

If your wife is now a USC I would have her write to her Senator, check their website, my wife’s one, K Gilibrand had a web form I filled out, I wrote to her explaining the negative impact on my USC girlfriend of the delay getting my GC, it took a month for them to reply to me with a form asking for details and once that was submitted and they raised with USCIS I was approved in less than a week… I have no idea if that was random or related…

PetrifiedExPat

My own experience was dire. The straw that broke the Camels back was being asked to come in and re-interview (since all paperwork lost for about 6-12 months) with the fam (I-750 app along with N400). I plainly, strongly, but not rudely, said no chance, time to give me the ceremony. Officer swore me in the next day. Total chaos from start to finish, all through the J1, H1 etc etc

S Folinsky

Lawyers in court have a standard objection of “asked and answered.”

BTW, you are not asking for “expedited” adjudication.

You have already gone the congressional inquiry route. FWIW, due the size of California and two senators per state allocation, used to recommend inquiry with the local representative. Also, representatives are up for re-election every two years. Also, friends who had been congressional staffers, it is important that the inquiry come from the constituent (e.g. not the lawyer). I recall some years back advice I received from a colleague who had served two terms in Congress. You or you wife should attend a public event where the Congress memember is present. Say hi and have a written inquiry to give the esteemed member of Congress asking if they can look into it when they have time. Then move on. That way your nquiry will get to the staffer from the hands of the member.

”Mandamus” has already been mentioned.

Nutmegger

This. I picked up the phone and called my congressman’s office. Two days later I got my appointment letter in the mail. It was so fast I thought it was coincidental, but when I called the immigration liaison back, she assured me it wasn’t!

tht

well they have some potential gain… aka a potential new voter… I am sure that’s why Senator Blumenthal was at my Citizenship ceremony to hand me my certificate, flag… to counter that I also received a welcome letter “from” then President Trump… that said I don’t think he wound have wanted his signature printed on it if he had seen what it said and who it was being given to at my ceremony….

Nutmegger

They seem to really do it up these days — we got a video of the president, the judge to do the swearing in, and the instruction to get one’s certificate from the clerk when called. No VIP, flag, or photo!

Rete

Jim's was like yours but he didn't even get the video.

tht

The lawyer I retained for a related matter is LA based and said it is very different there… like 1000’s of people in a stadium being sworn n together…