The Dream of US Citizenship

FACTS:

A Kenyan national and U.S. Lawful Permanent Resident (LPR) filed his Application for Naturalization (Form N-400) in Virginia in October 2021. After waiting a full year, he was finally interviewed by USCIS in October 2022. The client had a strong application and a successful interview, and expected a decision shortly thereafter. However, months passed, and USCIS took no further action on his case.

After a year of silence and no resolution despite multiple inquiries, the client came to our office to explore legal options. Given that more than 120 days had passed since his interview without a decision, we advised him to consider filing a federal lawsuit.

THE LAW:

When more than 120 days have passed since a naturalization interview without a decision, federal law (8 U.S.C. § 1447(b)) provides a unique legal remedy: the applicant can request the U.S. District Court to either adjudicate the case itself or compel USCIS to do so. This is distinct from cases without an interview, where the appropriate remedy is often a Petition for Writ of Mandamus rather than de novo review.

While courts do not always grant these requests, and the government may oppose them, a pending case post-interview for more than 120 days gives a petitioner a stronger legal standing to ask for judicial relief.

THE RESULT:

We filed suit in federal court and soon after, received word from the U.S. Attorney’s Office that USCIS would adjudicate the case within 90 days. This agreement was formalized, and the case was resolved without the need for extended litigation.

This outcome is common in cases where a naturalization application remains unadjudicated well beyond the 120-day window following an interview. For applicants facing similar delays, filing a lawsuit can be a powerful tool to push USCIS into action.

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