I-751 and citizenship

[nicol]

hello,
if anybody encountered a situation similar with mine please take the time to advice me. I have been married with an USC for five years and a half,I have all the time complied with all USCIS requirements and i have filled all the forms in time with the right fees, etc. i filled for I-751 in 2003 and i waited since last year in may 2005 to be notified for the interviu.Meanwhile my passport was filled with stamps and close to expiration date.The notification never arrived and i was adviced last year by an immigration oficer to apply for citizenship because in "many situations this paperwork is faster processed than I-751". In may this year i was scheduled for the citizenship interviu where after i passed the exam the immigration oficer informed me that he cannot grant me the citizenship since my name checking is still pending with the FBI since last year. i was left without any replic...there is no reason for my check name to take so long in first place and second i am left without any paperwork, my passport is expired, my conditional is not removed after five years of marriage and my citizenship is still pending. can anyone advice me please because i feel that i do not have any more energy...thanks

[nicol]

hello,
if anybody encountered a situation similar with mine please take the time to advice me. I have been married with an USC for five years and a half,I have all the time complied with all USCIS requirements and i have filled all the forms in time with the right fees, etc. i filled for I-751 in 2003 and i waited since last year in may 2005 to be notified for the interviu.Meanwhile my passport was filled with stamps and close to expiration date.The notification never arrived and i was adviced last year by an immigration oficer to apply for citizenship because in "many situations this paperwork is faster processed than I-751". In may this year i was scheduled for the citizenship interviu where after i passed the exam the immigration oficer informed me that he cannot grant me the citizenship since my name checking is still pending with the FBI since last year. i was left without any replic...there is no reason for my check name to take so long in first place and second i am left without any paperwork, my passport is expired, my conditional is not removed after five years of marriage and my citizenship is still pending. can anyone advice me please because i feel that i do not have any more energy...thanks

[Antifascist1]

What is your current status? I assume you are a Legal Resident with pending I-751 and N-400 processing.

If your case is pending, you should be authorized to work and do pretty much anything you want while they are processing your paperwork.
You can also apply for travel documents.

What is aggrieving you?

The fact is there are like 40.000 cases pending for more than a year or two and a lot more pending beyond 6 months.
It's because FBI is not designed to handle the volume of background checks that USCIS requests and in case if your file must be reviewed in person it might take a while before the FBI employee in charge gets to look at it.
Imagine, what if there are 10 or 20 people in charge of reviewing 250.000 cases...

In the meantime, if you want you may try the WOM action on N-400 or if more than 120 days passed after Citizenship interview you can also take the action in Court , asking the Judge to adjudicate your case.

You may want to visit www.immigration.com forum, look for 'US CITIZENSHIP' sub-forum and you will find great deal of information dealing with almost every single aspect of the question you ask.


Good luck,

IE

[inspector45]

In your case you should call INS constantly. Your citizenship will be pending till your condititional status is removed. Keep calling and see what they are going to say based on your case.

Good luck!

[nicol]

INS told me many things... that i was going to be interviewed twice on the some day for both(citizenship and I-751), that the lady who was in charge for I-751 in my area died and she was very hard to be replaced!!!???!!!.since my citizenship now is still pending i really do not know how to approach now this sistem...my only option remain to take the WOM action (thank you very much for this suggestion IE). The bad part is that i do not now anything about this process, where i have to file what...where i can find somebody to represent me if i need somebody, etc. i still have to wait 3 more months until 120 days are up.

[sappyconifer]

Are you sure you did not have the I751 approved concurrent with the N400? Usually, if an I751 is still pending, the interviews are held together. Sounds to me as if you have removed the 'conditions' and just the name check is holding things up.

[nicol]

Theoretically this was going to happen, practically when i called USCIS yesterday i was told that since i did not received a letter from them stating that my conditional has been removed i am still a conditional permanent resident(after 5 years). the oficer that interviewed me for my N-400 invited my husband in the office after the exam...he broke the news with the name check still pending since june 2005 and mentioned that he was going to approve I-751 right away, since we asked...i have tickets to go to europe in december, i have not been home for three years, why do i neeed travel documents? how long it takes to receive them?i am very frustrated with this process, i perceive it as an impediment in my carrier. i cannot aplly for any internships that involve federal government since i am not US citizen, i cannot volunteer in the congressional election, i do not know even if i am allowed to put electoral signs in peoples yards.. and still have to waiste my time and energy in something that it does not depend of me and i do not have controle over.

[Antifascist1]

It makes sense that your N-400 can't be approved before I-751.
I was a bit puzzled , not knowing exact governing regulation, when , per my understanding, you implied that your N-400 could be approved before I-751 ("..i was adviced last year by an immigration oficer to apply for citizenship because in "many situations this paperwork is faster processed than I-751". .)

In any case I am not aware of regulations governing N-400 adjudications while I-751 is pending, so can't advise you much - other than suggesting you to post on www.immigration.com forum, as there are a lot of REAL stories and REAL people helping and supporting each other.

I wish you good luck !

IE

[nicol]

Thank you very much for your time to look over my postings i really appreciate this. your suggestions iluminated my wonderings. i am glad that i found this forum where with the help of other people i can educate myself about this matter. i tought that i was alone in this mess. no one from my friends network experienced anything alike so i was a little bit confused to encounter these barrriers in this process. thanks a lot.

[Antifascist1]

It's been long while since I last time was browsing INA and much of what I knew before I tend to forget for lack of usefulness to keep it in my memory.

So, I can't suggest you much other than referring you to another immigration board where people with concerns similar to yours share their timelines and relate their personal experiences of going through the process.

I also think most of the posts at www.immigration.com forum are genuine.


Again,
my best wishes to you and good luck !

IE

[PERSONQ]

you have to wait for the i751 application to be completed and approved before you can file for N400.

more info: http://i751.wordpress.com/tag/english/

[HBKHBK]

STOP - Replying to stuff from 2006

WASTE OF TIME