Waiting to become a U.S. citizen can be exciting until your case stalls for months after your naturalization interview. If you’ve done everything right but haven’t heard back from U.S. Citizenship and Immigration Services (USCIS) beyond the expected timeframe, you might wonder what you can do to speed things up. One potential course of action is to file a lawsuit against USCIS to prompt a decision. This article aims to explain how you can address naturalization process delays, the legal foundations for taking action, and what to expect from the process.
The Naturalization Process
Naturalization is the process through which lawful permanent residents (green card holders) obtain U.S. citizenship. To qualify, applicants must fulfill specific criteria, including age, residency duration, and demonstrating good moral character. Once the criteria are met, the next steps include submitting the naturalization process application (Form N-400), attending a biometric appointment, and participating in an interview that assesses English proficiency and civics knowledge, with some exceptions based on age or disability. After the interview, USCIS is expected to make a decision on your application. However, there are instances where applicants experience significant delays post-interview, leaving them in a state of uncertainty.
Why Is Your Naturalization Taking Too Long To Process?
The naturalization process can be delayed for various reasons. Below is a list of common causes of delays that you need to consider:
1. Incomplete or Incorrect Applications
One of the most frequent reasons for delays is submitting Form N-400 (Application for Naturalization) with missing information, errors, or incomplete documentation. Failing to include essential information and documents can result in requests for additional evidence (RFE), which can slow down the process.
2. Background Check Delays
The USCIS conducts extensive background checks, including FBI name and fingerprint checks, to ensure eligibility. If there are issues like criminal history or discrepancies in records, the background check can take longer, delaying the entire process.
3. High Volume of Applications
USCIS often experiences backlogs due to a surge in applications, staffing shortages, and or limited resources. Processing times can vary significantly depending on the field office handling the case, with some offices facing longer wait times than others due to workload.
4. Criminal History or Legal Issues
Applicants with a criminal record, even minor offenses, may face delays as USCIS reviews their case to assess “good moral character.” Pending legal proceedings or unresolved issues can halt progress until they are resolved.
5. Administrative Errors
Mistakes on the part of USCIS, such as misplacing files, data entry errors, or lost correspondence, can cause unexpected delays. These issues often require applicants to follow up or file inquiries to resolve.
These are the most common causes of delays that applicants should consider before deciding to pursue legal action against the USCIS. Applicants should ensure their paperwork is accurate and complete to minimize delays. Additionally, responding promptly to USCIS requests will help expedite the process.
When Can You Consider Taking Legal Action?
Before proceeding with legal action against USCIS for delays in your naturalization process, the following should be considered:
No Decision Has Been Made
USCIS is expected to make a decision 120 days after the naturalization interview. If 120 days have passed since and there’s no response regarding your case, you have the right to file a lawsuit against USCIS. However, please note that processing times vary at each field office.
Efforts to Resolve the Delay Have Been Exhausted
It is recommended that applicants monitor the progress of their case. If, despite repeated inquiries and no resolution or meaningful progress has been made, applicants can explore legal options to expedite their case.
According to Adrian Pandev, an immigration attorney at Pandev Law, LLC, “If the applicant has passed the English language and civics tests and all the naturalization requirements are all met, there should be no cause for delays in receiving a final decision on their case. However, if USCIS fails to issue a decision within 120 days after the interview, the applicant has the option to file a lawsuit.”
Legal Options Against USCIS
When USCIS fails to provide a decision within a reasonable time, legal options are available to applicants. The two primary legal actions to consider are:
Writ of Mandamus
A writ of mandamus is a lawsuit filed in U.S. District Court asking a judge to order USCIS to adjudicate the delayed application. It is based on the Administrative Procedure Act (APA), which requires government agencies to act within a “reasonable” timeframe. This legal action applies to post-interview delays before the 120-day deadline.
Filing a 1447(b) Lawsuit
If USCIS hasn’t decided 120 days after your naturalization interview and your case has been pending beyond reasonable processing times, you have the right to file a 1447(b) lawsuit. 1447(b) is based on a federal statute outlined in 8 U.S.C. § 1447(b), which asks a federal court to either decide the case itself or remand it to USCIS with instructions. Note that this applies only to delays after the interview stage.
Filing a lawsuit against USCIS can lead to several possible outcomes. Often, the initiation of legal proceedings prompts USCIS to act on the delayed application. While legal proceedings can be effective in addressing delays, keep in mind that there’s no guarantee that legal action will result in a favorable decision on your naturalization process application.
Best Practices to Prevent Delays in Naturalization Cases
1. Accurate and Complete Application
Submit a fully completed Form N-400 with consistent details and all required supporting documents to avoid errors or additional evidence requests.
2. Prompt Response to USCIS Notices
Reply promptly to Requests for Evidence and monitor your case status online, keeping your contact information up to date to ensure smooth communication.
3. Thorough Preparation for Test and Interview
Study for the civics test, practice English if necessary, and attend the interview on time with all required documents to avoid rescheduling.
4. Seek Legal Guidance
Consult an immigration attorney to help you navigate complex situations and ensure your application complies with all legal requirements.
Conclusion
Delays in your naturalization case can be frustrating and life-altering, potentially affecting your ability to vote, travel, or pursue job opportunities that require U.S. citizenship. Knowing your rights and the legal options at your disposal is essential. One effective way to address these delays is by filing a lawsuit against USCIS when the agency fails to fulfill its legal duties. Seeking advice from a skilled immigration attorney can help you determine the most effective path forward to secure your U.S. citizenship.
Photo by Paul Weaver; Unsplash
