Anyone still waiting for the N-400 name check?

[Bushmaster]

Anyone still waiting for the notorious background checks after the N-400 interview?

Not much done on my case, I am sure of it. 9/11 they had a naturalization ceremony, I haven't received "an invitation" so I am guessing my stuff is still sitting on someone's desk or shelf. Next ceremony is on 12/7.

Unfortunately, I must say that while the military is somewhat helpful in preparing and mailiing your application, they are also somewhat hesitant to engage any difficulties encountered in the naturalization process in general. There are individual leaders in the military who are willing to do all they can.

Let me ask you of some advice. I am about to set an appointment with a military lawyer (a MAJ) whom I heard specializes in immigration cases. My 120 days after the interview is up on October 19th. I am willing to petition through the district court to demand a result in my case with the help of that lawyer.

However, my chain of command just stepped in to do whatever it takes to get my citizenship. I have a section chief Warrant Officer, a company First Sergeant, a Company commander Major, and more than likely a Battalion commander Colonel might step in.

Question, to complete this nonsense name check procedure that takes forever (which I honestly don't have) who do we have to call? US attorney? Atlanta CIS District Director?

Some of my leaders are suggesting that we should force the CIS respond by petitioning them through the federal court, however I think things can be done by negotiating with the person in charge there.

[Bushmaster]

Anyone still waiting for the notorious background checks after the N-400 interview?

Not much done on my case, I am sure of it. 9/11 they had a naturalization ceremony, I haven't received "an invitation" so I am guessing my stuff is still sitting on someone's desk or shelf. Next ceremony is on 12/7.

Unfortunately, I must say that while the military is somewhat helpful in preparing and mailiing your application, they are also somewhat hesitant to engage any difficulties encountered in the naturalization process in general. There are individual leaders in the military who are willing to do all they can.

Let me ask you of some advice. I am about to set an appointment with a military lawyer (a MAJ) whom I heard specializes in immigration cases. My 120 days after the interview is up on October 19th. I am willing to petition through the district court to demand a result in my case with the help of that lawyer.

However, my chain of command just stepped in to do whatever it takes to get my citizenship. I have a section chief Warrant Officer, a company First Sergeant, a Company commander Major, and more than likely a Battalion commander Colonel might step in.

Question, to complete this nonsense name check procedure that takes forever (which I honestly don't have) who do we have to call? US attorney? Atlanta CIS District Director?

Some of my leaders are suggesting that we should force the CIS respond by petitioning them through the federal court, however I think things can be done by negotiating with the person in charge there.

[edgrapes]

My citizenship interview was on 02/09/06 and I got stuck in name check **** ever since. You can find more info in my thread 'N400 NOA'.

Good luck.

[inspector45]

Have you called INS ? I will suggest to call them and pretty sure you are going to get a response from them, whatever will be.

Good luck

[IMPENETRABLE]

Go here :

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/7...10153631#80910153631

and click on first thread by Publicus ( 1.For writ of mandamus or petition for naturalization ).
You can also check # 4, # 5 and # 6.

Although Publicus and some others (in re. threads) suggest you "don't hire attorney, file/sue first and thEn think what to do next..", I would suggest you first consult/hire an immigration attorney and only thEn proceed.
You don't advise one to commute to work riding a donkey instead of driving a car - just because there are some cars among others that are technically in bad shape and thus can't be relied upon or driven.

But in general those threads are somehwat informative.


Good luck,

IE

[Bushmaster]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Although Publicus and some others (in re. threads) suggest you "don't hire attorney, file/sue first and thEn think what to do next..", I would suggest you first consult/hire an immigration attorney and only thEn proceed. </div></BLOCKQUOTE>

I won't be paying for the process provided the JAG lawyer takes the case. I will find out pretty soon. My chain of command needs to talk the right people which probably will start from the DAO at ATL who is in charge of the military applications. That is the only contact number I have so far.

[Bushmaster]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by inspector45:
Have you called INS ? I will suggest to call them and pretty sure you are going to get a response from them, whatever will be.

Good luck </div></BLOCKQUOTE>

I am not going to bother with that. I am sure my attorney would give a call and tell them our intentions to file a lawsuit, but if he doesn't, no big deal. 120 day period is up on October 19, I am planning to file the lawsuit the following week.

[IMPENETRABLE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Let me ask you of some advice...

..Question, to complete this nonsense name check procedure that takes forever (which I honestly don't have) who do we have to call? US attorney? Atlanta CIS District Director?

...Some of my leaders are suggesting that we should force the CIS respond by petitioning them through the federal court, however I think things can be done by negotiating with the person in charge there. </div></BLOCKQUOTE>


I was responding to above and suggested that if one to follow with the "Mandamus Suit" it's better to consult/hire an attorney before one proceeds (glad that you have one).
Also gave you links to what I thought to be relevant threads about experiences of people who claim to have filed "Mandamus Suit" successfully.


As to contacting people in charge, read the thread by Publicus ( and also thread # 4. 'For case stuck in name check' by Kumar. You can find all the contact information you need on those threads) .

Clearly it's a rational course of action to do everything you can to solve the issue before taking it to the Court.

It's just as rational to take it to the Court if all else fails.


Good luck,

IE

[Bushmaster]

I see what you mean, I honestly don't know how to proceed sometimes, as I haven't talk to this JAG officer yet.

I posted a question on immigration portal though, since you are let me ask you;

What are the possible outcomes after a lawsuit filed to get a result from a name-check stuck naturalization case? After the judge orders them to finish the case by a deadline, do they always comply? Is this way a guaranteed one to get a result in a few months rather than waiting for years?

[IMPENETRABLE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">What are the possible outcomes after a lawsuit filed to get a result from a name-check stuck naturalization case? After the judge orders them to finish the case by a deadline, do they always comply? Is this way a guaranteed one to get a result in a few months rather than waiting for years? </div></BLOCKQUOTE>


As I suggested before,

click here:

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/7...10153631#80910153631

Then see # 1 through # 8 and click on relevant threads for info.
Those are easily comprehensible posts written in plain English.

Consult with your attorney before taking any action.

Good luck,

IE