FACTS:

A client’s pending Application for Naturalization (Form N-400) had been pending for several years as they awaited COVID-19 related processing delays. In the meantime, the client had moved from California to the East Coast and reached out to USCIS to find out why the case was so delayed on multiple occasions without success.

With no news on when the client’s case would be adjudicated and multiple mixed messages from USCIS customer service, the client decided to contact our office to see if we could help with this case.

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, we were able to highlight the relevant hardship factors and show that the client diligently pursued their Form N-400, Application for Naturalization. We argued that the client’s case had been pending for too long and that USCIS should schedule an N-400 interview without delay. Within about 30 days of filing, we heard back from the government through their counsel that they would agree to schedule an interview on the delayed case.

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