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Immigration Forum / USA Marriage Base / September 2006



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Information from the 1-800 misinformation line

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Taterbug - 28 Sep 2006 20:04 GMT
I had heard of many people having interviews for their N-400 before
their FBI background check had been approved. I tried something else
today as suggested by the 1-800 misinformation line person. I wrote to
the district office manager (Registered return receipt mail) asking
about when an interview date may be scheduled for me. The misinformation
person told me that it is not uncommon for applicants to be interviewed
before their FBI check has been approved, so we'll see! Maybe the
misinformation person's advice may be correct for once.
janadeen - 28 Sep 2006 20:10 GMT
> I had heard of many people having interviews for their N-400 before
> their FBI background check had been approved. I tried something else
[quoted text clipped - 4 lines]
> to be interviewed before their FBI check has been approved, so we'll
> see! Maybe the misinformation person's advice may be correct for once.

Good on the writing thing!

I did same and also wrote the district manager for my area office - I
actually Fed Ex'd mine.  My query was somewhat of a different one but,
nevertheless, I got response.  Hope you get one too.
Taterbug - 28 Sep 2006 20:28 GMT
> Good on the writing thing!
>
> I did same and also wrote the district manager for my area office - I
> actually Fed Ex'd mine.  My query was somewhat of a different one but,
> nevertheless, I got response.  Hope you get one too.

It's nice to hear that there are positive results from writing to the
district manager. Thanks for the encouragement. I am hoping that
something good comes out of this since I have exhausted every idea I
could think of.
Rete - 28 Sep 2006 20:36 GMT
> It's nice to hear that there are positive results from writing to the
> district manager. Thanks for the encouragement. I am hoping that
> something good comes out of this since I have exhausted every idea I
> could think of.

We did, too, back in 2000 and got results.  Always hope.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

meauxna - 28 Sep 2006 21:30 GMT
> It's nice to hear that there are positive results from writing to the
> district manager. Thanks for the encouragement. I am hoping that
> something good comes out of this since I have exhausted every idea I
> could think of.

:) I like my DD too.

Not totally related to your situation, but I stopped in the office one
day to find out more info on the same-day oath situation and asked about
the DAH's background checks & if they were back. The officer checked it
out for me and confirmed that all checks were in and OK.
ian-mstm - 28 Sep 2006 23:21 GMT
> I had heard of many people having interviews for their N-400 before
> their FBI background check had been approved. I tried something else
[quoted text clipped - 4 lines]
> to be interviewed before their FBI check has been approved, so we'll
> see! Maybe the misinformation person's advice may be correct for once.

IIRC, Mr. F. indicated that N-400 interviews were never scheduled until
after all background checks had been done. So, I'm surprised to hear
that "many people" had interviews prior to those checks being complete.

Ian
Folinskyinla - 29 Sep 2006 02:37 GMT
> I had heard of many people having interviews for their N-400 before
> their FBI background check had been approved. I tried something else
[quoted text clipped - 4 lines]
> to be interviewed before their FBI check has been approved, so we'll
> see! Maybe the misinformation person's advice may be correct for once.

Hi:

The statute puts a pretty short deadline on CIS for adjudicating an
N-400 after the intereview [120 days sticks in my mind -- but I'm not
looking it up now].  CIS **did** have a policy of interviewing before
the FBI/other background checks were completed.  This led to them
getting sued a lot -- APA mandamus style suits talk in terms of
action "unreasonably withheld" while the Immigration & Nationality
Act had a short clock -- so not only did they get sued a lot, they
often lost a lot.

So the problem has now been "fixed" [depending upon your point of view].
CIS will NOT interview until AFTER the FBI/other checks are completed so
they have a "reasonable" time rather than the set time.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Taterbug - 30 Sep 2006 11:48 GMT
> Hi:
>
[quoted text clipped - 10 lines]
> view].  CIS will NOT interview until AFTER the FBI/other checks are
> completed so they have a "reasonable" time rather than the set time.

Well I can see now why they are interviewing after the background check.
I  am hoping that by me writing to them, I will get some results (of
some sort anyhow). I filed back in June 2005 and I have heard of lot of
people in my state being approved in a total of 4-5 months (this is from
the time of applying, to the oath ceremony).
I have gone through the Immigration relatively smooth up until now. I do
have one question for you. Why would all of my other previous FBI checks
take a couple months or less and this one for my N-400 drag on forever?
Thanks.
 
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