Delayed N-400 Approved Through Federal District Court Litigation
SYNOPSIS: After USCIS delayed adjudicating a Form N-400, Application for Naturalization, our office filed suit in the Eastern District of Virginia and sought an agreed order sending this N-400 (Citizenship) Application back to USCIS where it was approved within a week.
THE FACTS:
A pair of elderly U.S. Lawful Permanent Resident clients sought a decision on a long-pending Form N-400 Application which was pending with the US Citizenship and Immigration Services. USCIS failed to adjudicate their Citizenship Application and they began to feel frustrated by the process.
THE LAW:
The approval or denial of N-400 Applications is the responsibility of USCIS under the INA and federal regulations. See 8 U.S.C. § 1427; 8 C.F.R. §§ 334, 335. Under 8 C.F.R. § 335.3(a), USCIS is required to make a decision on an N-400 Application within 120 days of the applicant’s initial examination. A failure to render a decision within this 120 day timeline gives the Applicant the right to file a complaint with the Federal District Court having jurisdiction over where they live.
8 USC Sec. 1447(b) states in relevant part:
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter (emphasis added).
This mechanism is a powerful way to “force” USCIS to adjudicate (not necessarily approve) a severely delayed N-400 Application, and can sometimes be the best way to seek resolution of a pending or delayed citizenship application (Form N-400).
THE RESULT:
In this case, Mr. Miller prepared a filed the appropriate paperwork at the US District Court and received a prompt response from the government attorney assigned to the case. The government quickly agreed to remand the case to USCIS for adjudication in 30 days. Although upon remand USCIS does NOT have to approve a citizenship application, in this case USCIS granted citizenship almost immediately.
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.
