N-400 delay and 2nd fingerprint

[msayoufi]

Hello everyone,
Yesterday i received a letter from the USCIS advising me to have my fingerprints done (for the second time) on June 15. I applied for my naturalization on NOvember 05. i did my fingerprint on March 2, 2006 and i passed my naturalization test on May 6, 06. SInce then i have been waiting for the CIS to make a decision on my case and they haven't because of THE FBI NAME CHECK. so after waiting for more than a year, i decided to advocate for myself. I wrote to the whitle house, justice department, ACLA, FBI, USCIS, my senators, your name it ! i got many responses but all have the same message: pending FBI name check. Yesterday, i got in the mail a letter from teh USCIS advising me to have my fingerprint done again. SO i am wondering, does this mean that my case is no longer pending FBI name check and they will move ahead to schedule my OAth date as soon as they get the second FP? or is it just a standard procedure after my fingerprints expired (according to USCIS they do in 15 months). i have friends who have a similar situation and they waited longer than me and they have never received a letter for a second fingerprints appointments (which kind of rule out the second hypothesis of standard procedure after 15 months!). i also have friends who got their naturalization or green card as soon as they did their second fingerprints (which supports the first hypothesis!).
any thoughts, advice or sharing of similar experiences will be greatly appreciated.
Thank you

[msayoufi]

Hello everyone,
Yesterday i received a letter from the USCIS advising me to have my fingerprints done (for the second time) on June 15. I applied for my naturalization on NOvember 05. i did my fingerprint on March 2, 2006 and i passed my naturalization test on May 6, 06. SInce then i have been waiting for the CIS to make a decision on my case and they haven't because of THE FBI NAME CHECK. so after waiting for more than a year, i decided to advocate for myself. I wrote to the whitle house, justice department, ACLA, FBI, USCIS, my senators, your name it ! i got many responses but all have the same message: pending FBI name check. Yesterday, i got in the mail a letter from teh USCIS advising me to have my fingerprint done again. SO i am wondering, does this mean that my case is no longer pending FBI name check and they will move ahead to schedule my OAth date as soon as they get the second FP? or is it just a standard procedure after my fingerprints expired (according to USCIS they do in 15 months). i have friends who have a similar situation and they waited longer than me and they have never received a letter for a second fingerprints appointments (which kind of rule out the second hypothesis of standard procedure after 15 months!). i also have friends who got their naturalization or green card as soon as they did their second fingerprints (which supports the first hypothesis!).
any thoughts, advice or sharing of similar experiences will be greatly appreciated.
Thank you

[esmor]

Hi I just read your letter and I have the same issue I passed the test for N-400 November 2005 and they never called me for the pledge cyromony I call Ins, senaters, congress office The INS told me the FBI is doing a name check. So I think I can sue the INS to the federal district court or maybe you have a better experiance so what do you think I can do? Do you know approximetly how much an attorney is?

Thank You

[Aibolit]

At this point it doesn't really matter whether FBI name check is complete. You can (as you could already in September 2006) sue USCIS to force them to complete the process. It may be reasonable however, to avoid costs to you, to undergo second fingerprinting and then give them 3-4 weeks for oath letter. Should that fail to arrive, sue the bastar*s.

[templar]

What triggered the notice for the new fingerprints might very well be the completion of the name checks. You have a decent chance of getting the oath letter once your new set of fingerprints are submitted and cleared.

[msayoufi]

thank you guys for the responses. Actually i have started the first steps to sue the USCIS. i got a pro-bono attorney who is also an activist. but now that i have this letter for the second fingerprints, i think i am just going to wait for a month or so before going ahead with the lawsuit. I spoke to many people who are in the same situation like mine and they all said that they never received a letter for a second fingerprint after 15 months of waiting! so, i agree with Templar that it may take a few weeks to receive the Oath appointment and i am keeping my fingers crossed.
Esmor, i really don't know how much exactely it will cost you, but it will be a few thousansds dollars. But again, you can always reach out to some human rights organization that do pro bono work for this type of cases. I suggest that you write to the ACLU; they are aware of this issue.

[esmor]

Thanks for answering my questions but I have was rea**** over your e-mail and you said ACLU what does that mean? Do you have a phone or adderess about aclu.
Thanks

[msayoufi]

ACLU means the AMERICAN CIVIL LIBERTIES UNION. go to their website http://www.aclu.org/ and find how to contact them. good luck

[waitingforsolong]

msayoufi, did you get your oath letter finally?

I am having similar situation as you. I have passed interview for 2 years now. But my case was pending for FBI name check.

I also got the 2nd fingerprint request a couple weeks ago. I wonder how my luck is now.

thanks,