I am a US citizen. I sponsored my husband about 7 years ago. He got his greencard a year later. At the appropriate time we filed for his US citizenship. In 2006 he was called for interview which he passed and was told that he will be notified by mail for his oath ceremony. We are still waiting for that letter to arrive. We have contacted INS numerous times by mail and in person and all they tell us that his background check is still in process and his file is pending. It has been almost 2 years. Has anyone had this kind of problem?? Any experts on this forum?? What would you experience ppl recommend that we do next?? Oh and we even made the state senator write a letter to the immigration. He also got the same response. About 2 months ago we hired a lawyer who told us the same thing that it is being processed. What could possibly be going on???
Like Teggy said, it shouldn't have taken more than half an year, the most. I was called for Ceremony within like 2 months I think (this was in early 2005 if I remember correctly). Not sure what could delay this process for 2+ years but lets wait for few more responses from members who know of people having gone through this process recently.
We don't understand what the problem could be?? We hired a lawyer when we initially filed the case. He works for a fortune 500 company. We pay our taxes. Have abided by all the rules and regulations. People who filed after us have gotten their citizenships. It is very frustrating!
It has nothing to do with INS (or USCIS as its called now). The background check is stuck at FBI, and this is increasingly a common problem. I am guessing your husband's name is not very unique, so it could be popped up in some random list; hence the delay.
Technically your husband can approach FBI directly, and ask them to run his background check and provide him a report. By law they are required to turn it around in fairly short order. This still won't solve the problem that FBI is sitting on its lazy arse and not providing clearance to USCIS.
Once you have gone past 2.5 years of wait, you should consider filing a law suit against USCIS and FBI for not processing your case. This may be your best option at that time. I know several people who got stuck at greencard as well as citizenship process for exactly this same issue. After you file the law suit, chances are that USCIS and FBI will settle with you and process the case. Consult and retain a good immigration lawyer before proceeding. Its an investment worth the money.
Thanks Faisal Sahab, that is exactly what we want to do but this top attorney is asking for a 10k retainer...now that just sounds absurd!
And, you are right his name is very common.
I am a US citizen. I sponsored my husband about 7 years ago. He got his greencard a year later. At the appropriate time we filed for his US citizenship. In 2006 he was called for interview which he passed and was told that he will be notified by mail for his oath ceremony. We are still waiting for that letter to arrive. We have contacted INS numerous times by mail and in person and all they tell us that his background check is still in process and his file is pending. It has been almost 2 years. Has anyone had this kind of problem?? Any experts on this forum?? What would you experience ppl recommend that we do next?? Oh and we even made the state senator write a letter to the immigration. He also got the same response. About 2 months ago we hired a lawyer who told us the same thing that it is being processed. What could possibly be going on???
Please someone guide us in the right direction.
God Bless!
My dad had this issue. After like almost 7 months we went to INS and they said his finger prints needs to be re-done because they are unreadable.
Shop around. You can probably get a lawyer to do it for about $4-5k. That is the going rate, and you should be prepared to spend that much. Otherwise there is really no end in sight for this. You could get lucky, of course, and suddenly the wheels will start the motion again. Or you could just wait for a very very long time.
Yes, you can contact FBI directly and request your own background check. Google some immigration forums to get more specific information. That won't solve the problem of USCIS getting clearance, but at least you can see if there is anything in the background report that you need to be worried about or not.
Well, its your personal decision. What I can tell you, is those people I know who filed the lawsuit, had their greencard/citizenship in 3-4 months after the lawsuit process started