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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Citizenship Delay for Muslims. Isn't it Discrimination?!!!
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Associate Member
Posted
Hi everyone,
My wife and I applied for Citizenship in 2002. We were at all processes together till the final stage which was Interview in March 2003. After interview, my wife was invited to the ceremony and granted citizenship. However, the officer who interviewed me said that thy need more information about me, therefore I did not go too the ceremony. Since then Every time I make an appointment go to Baltimore, they don't have an answer for me. I am wondering how long later I should wait. It is really frustrating. Recently one of our coworkers in my office showed off her citizenship certificate. I am from Iran. She is from Europe. I felt bad, I felt being discriminated. Can anybody help me? I live in Maryland.
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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And what real proof do you have that you are being discriminated based on your religion? Or are you just making ASSUMPTION with no basis at all? There're plenty of things that can delay your naturalization process. My bet would be the security check, especially if you've a common name.

Contact your local congressman and ask for their assistance. USCIS has to respond to a congressional inquiry.
 
Posts: 2228 | Registered: 01-05-2004Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
Are you a criminal?

If not, visit www.immigration.com forum.

Tons of stories about "successfully suing" and getting USC/LPR and etc.
 
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Thanks Antifacist1.
Of course I am not a criminal!!! Thank you for your advice. I will look into it.
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
Antifacist1
The site you referred is very complicated. Can you help me more how to find those "success stories" that you mentioned?
To answer the question that marmaduk raised, I should say that I felt bad when I saw another applicant is receiving her citizenship without delay simply because she is not a Muslim or from Iran. I did not say that that discriminated against me. I just felt bad. Thank you for your comment too
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
I am sorry, but it's neither my job nor do I get paid for assisting people on this site.

It's fairly easy to find what you search for - just browse the forum and use proper keywords.

Nobody cares what you feel. What you need is facts and instructions how to act.


Best Regards,

IE
 
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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Yes, there is a rule that they must decide in 120 days. Make sure your address on file is correct and if you don't receive a decision in writing in 60 days, call INS, get an Info Pass.

The only way to win is to be persistently on their case. There are a lot of horror stories but I think those were people who didn't follow up, moved and never reported their address, or just made lots of stupid errors along the way.

If 120 days goes by, my plan is to talk to an attorney about requesting a hearing. My situation is pretty simple: I have been here since I was 3 years old and my mother is a citizen now for 14 years!

I think asking a congressman to help won't do much good. I think you should contact a congressperson to vouch for you. It's been two years now - this is ridiculous. You need to get a lawyer or go to your local court house and ask how you can request a hearing. Obviously INS is not going to tell you your rights!! My decision paper has my officer's name on it. I can write her directly about this case in 60 days. Good luck and please keep me posted!

Also,
Don't worry. These things have a way of resolving themselves. Be patient and persistent and you will reign supreme!!!!!!!!!!!!!!!!!
 
Posts: 22 | Registered: 09-18-2005Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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I found this on an attorney website! - I think you shoudl seriously consider taking INS to court - at least the judge may give them a deadline!

USCIS Issues Memorandum Concerning FBI Name Check Delays in Relation to Naturalization Applications

USCIS has issued a memorandum concerning FBI Name Check delays in relation to naturalization applications. In addition to requesting fingerprint checks, USCIS routinely submits an applicant's information to the FBI for an additional background check known as the name check. The overwhelming majority of these name checks are completed within a few weeks of the request and virtually all of the name checks are completed within six months. However, in some instances the name check can take upwards of several years to resolve. The delay in this underlying process results in a delay to the naturalization application, as the application cannot be adjudicated until all background checks have been completed.



When a naturalization application takes longer than 120 days to adjudicate from the date of the naturalization examination, an applicant is permitted to bring a lawsuit in federal court and a judge can determine the outcome of the application (INA Section 336(b)). Applicants have recently been filing claims under this section of law where they have completed their naturalization interview, more than 120 days have passed since the interview, and where the application is still pending due to a delay with the FBI name check.



The USCIS memo points out that courts have not been approving naturalization applications where all background checks have not been resolved and have only occasionally given the FBI and USCIS deadlines where the delay has been upwards of four years. To prevent further filings under this section, USCIS will now refrain from scheduling naturalization interviews until all background checks, including the FBI name check, are completed. As for 336(b) actions that will be filed or are already pending, USCIS states that it will vigorously defend their position and will remain confident that the courts will not approve applications that have not completed the necessary security checks.



The memorandum notes that this will not eliminate mandamus actions on FBI name check delays, but will act to limit 336(b) filings.
 
Posts: 22 | Registered: 09-18-2005Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
Posted Hide Post
Have similar situation. I've been waiting for a little over 4 months now after the interview, planning to request a hearing from an immigration judge. You can get more details from my thread 'N400 NOA'. Good luck!
 
Posts: 156 | Location: Miami, FL | Registered: 12-09-2003Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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40 months is 3 and half years! I definitely take an action as soon as possible.
Thanks Rahai
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
I am wondering security checks on other nationals and religions take that long?! Any experience, news or opinion?
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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Yeah! You should spend some money, get a decent immigration lawyer, and sue the INS - from what I've read, the INS speeds up the process if you send them a "draft of the petition to request a hearing" before it goes to court - you might just get a decision in the mail!!!!

You can do it!!! Call you local court and ask for a pro se package and ask the court clerk for advice on how to get started. You can even start the process yourself - we Iranians are very bright and have great organization and argument skills!!!
 
Posts: 22 | Registered: 09-18-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SunDevilUSA
Posted Hide Post
Why does everyone always think that everything is discrimination?

If you believe that Americans discriminate, why don't you go home to the "paradise" that you couldn't wait to escape from in the first place.
 
Posts: 1546 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SunDevilUSA
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Fresher: Your wife obtained U.S. Citizenship, as you acknowledge. Therefore, your knee-**** assertion of discrimination is false and unfounded.

Get a life.
 
Posts: 1546 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
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DumbDevilUSA,

Have found a job as yet?
 
Posts: 122 | Registered: 03-02-2006Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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You have a point - it's not all about discrimation - it's also the ineffective beuracracy, management, levels etc that contribute!
 
Posts: 22 | Registered: 09-18-2005Reply With QuoteEdit or Delete MessageReport This Post
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Picture of SonofMichael
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ALl Muslims should be deported; they hate America; We hate them
Get out !
 
Posts: 4464 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Dear Son of Michael,
Please be polite. Where did you come from yourself? Are you a Native American? If you are not, then your ancestors immigrated here one day in the past.
Why do you think that Muslims hate you? Muslims love all human beings. It is very unfortunate that the crazy act of some idiots made you think that way. This land and all lands belong to all humans. We have to respect each other and love each other, no matter what denominations we belong to.
Yes when you see that security check of other nationals relatively takes much less time that Muslims, then you think of discrimination don't you?
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
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Picture of SunDevilUSA
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No, we don't think of discrimination; we think that those who default to false assertions of discrimination don't deserve to be Americans.

If you believe that Americans discriminate, you do this country a disservice. Please go home to your own country.
 
Posts: 1546 | Location: Arizona, U.S.A. | Registered: 01-04-2005Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Dear SunDevilUSA,
Thank you for your comment. Your opinion is your opinion. Please don't be judgmental! I never assorted anyone of discrimination. I just said that when you see that you are treated differently you think of discrimination. That's all!
 
Posts: 13 | Registered: 06-21-2006Reply With QuoteEdit or Delete MessageReport This Post
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