N-400 stuck in Security clearance after Biometrics, relocating to India before interview


RPRam123

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Hi,

 

I finished my biometric appointment 7 months back and upon enquiry learnt my citizenship application is stuck in security check.  I don't have any clear direction on when things will get processed.

 

I have a couple of questions:

 

1. Is it OK to take an opportunity outside the US (India) now for an extended period and fly in and out for interview/oath ceremony assuming things go fine?

 

2.  Given OCI cards processing time is indefinite, what are the options for someone to work in India with a US passport? Can I apply for an Indian work visa and then apply for an OCI while I live in India?

 

Really appreciate your help here. Thanks!

 

RPR

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I will maintain a valid US address. Would this make a difference? Can I apply for I-131 and maintain my GC if that is not an option? Given I have already met my residency requirements, I was under the assumption that my citizenship application will stay valid.

 

If you relocate to outside the US, you immediately lose the GC.

And of course, without GC no naturalization.

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I will maintain a valid US address. Would this make a difference? Can I apply for I-131 and maintain my GC if that is not an option? Given I have already met my residency requirements, I was under the assumption that my citizenship application will stay valid.

 

Just maintaining a US address is not enough. A reentry permit also may not be enough.

See http://www.murthy.com/2016/03/16/extended-travel-by-a-permanent-resident-part-1-of-2/

And http://www.murthy.com/2012/05/18/extended-travel-by-a-permanent-resident-2-of-2/

"However, both the green card and the reentry permit do not automatically guarantee one will be processed into the U.S. as a permanent resident at the POE. This decision depends upon the facts of the situation, including prior travel patterns and the reasons for the extended travel."

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  • 4 weeks later...

Just wanted to follow up on this. Wrote to the congressmen and he came back with the same thing saying file is stuck in background check and they cannot do anything about it. Wrote to the Ombudsman 2 weeks back and haven't heard back from them. Only other option is to sue USCIS/FBI etc. but that is going to cost $5k from what I read.

 

Looks like there is no other option other than just sit and wait. Please let me know if you have any other suggestions.

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I reached out to the senator and and he pointed me to the congressman. I will reach out to the senators office again.

They really should be interested, in particular if it means getting a new voter.

But some of these guys are anti-immigrant.

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I second Pontececchio.

Immigration law is federal, so talking with state senators won't help.

Boxer or Feinstein are the federal senators from CA.

Depending on where in CA you live, the congressperson may also be helpful. Zoe Lofgren (in the San Jose area) is a well-known immigration advocate in the House of Representatives.

In other areas of CA, there are unfortunately a bunch of anti-immigration representatives (e.g., San Diego, most of OC.)

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Thank you very much guys. I got a response back from Boxer's office asking me to send them the consent forms. I will send them and call them as well.

 

Unfortunately Zoe is not the congressperson in my city. The congress person I contacted made an enquiry and said its in security check and that they will not be able to do much. I made another call to INS today and they were generally clueless - said its with the security agency and they have no idea how long it will take. I have an infopass appointment scheduled - not sure if they will contact FBI/Security agency or if it is similar to an enquiry call. Its ~9 months now since I sent the application.

 

Thanks again! Will keep you posted.

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  • 3 weeks later...

Just wanted to give an update - both my wife and my status have been updated. It says we have been scheduled for interviews. Not sure if it is because of the senators writing in or because of the letters to the ombudsman.

 

In any case thank you very much Pontevecchio and JoeF. Really appreciate your help here. 

 

Now lets see when the interviews get scheduled and what the formalities are after that.

 

RPR

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We have similar situation where my husbands citizenship application has been stuck in security clearance since sept2015 . We did ask  federal senator from MA to expedite but got  response saying "stuck in security".  any thoughts ? what's the address for ombudsman ?

 

Thanks

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