FACTS:

A client approached us with a DENIAL of this Application for Naturalization (Form N-400) based on a old criminal case from California. After reviewing the denial, we determined that the case had been denied erroneously and suggested filing a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA).

In essence, we determined that USCIS had erroneously categorized an offense as an “aggravated felony” when it was NOT in fact an aggravated felony. Since conviction for an aggravated felony makes a person permanently ineligible for naturalization, we quickly advised the client to pursue this case and seek review of his N-400 denial.

The N-336 was filed and an re-hearing was granted quickly, but USCIS STILL was unwilling to agree that the N-400 was wrongly denied. After encountering resistance from USCIS, and with no decision rendered in the N-336, we recommended filing a Mandamus Action in Federal Court.

THE LAW:

Generally, USCIS has no obligation to approve cases in any particular period of time.  When long delays make life difficult for clients, USCIS is often unable or unwilling to assist with expediting or dealing with the practical problems of the delays in adjudication.

Even though the landscape is not always favorable, it is possible to request the US District Court having jurisdiction over the case order USCIS to complete adjudication of a case through a form of relief known as a Writ of Mandamus.  If granted, such an order can compel the government to make a decision in a particular case. Importantly, this is NOT ALWAYS a solution, and the government COULD oppose such a motion and argue that the amount of time the applicant was waiting has not been reasonable.  For example, if your work permit has been pending a short amount of time, and you remain in valid work authorization and are not suffering any hardship, the government MIGHT be less willing to agree to such relief.

THE RESULT:

Luckily and happily in this case, shortly after filing, we received word that USCIS agreed with us and would approve the pending N-336 (thus approving the N-400 in the process). The whole process took only about 30 days, and resulted in a happy and newly minted US Citizen client!

Such a result is not always possible or typical but does present an option for those who are suffering from long USCIS delays or errors and have a worthy case.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.