FACTS:

A client filed for citizenship after having a complex criminal matter which he feared might delay or make impossible his obtaining citizenship.  After a careful examination, our firm decided the client was eligible for citizenship and we applied.

Despite a decent interview with USCIS Washington Field Office, we did not hear from the office during the following 120 days AFTER the N-400 Interview. This led the client to become concerned about the case and to ask if there was anything we could so to speed up the process to get a final decision on his citizenship 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.

An exception exists for Naturalization cases. In this rare exception, the law provides an explicit requirement that USCIS adjudicate the case within 120 days of the interview. Importantly, this is not a guarantee of an adjudication of the entire application in 120 days, but rather ONLY after the interview on citizenship.

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:

Luckily and happily in this case, we filed a case in the US District Court and were able to get in touch with the US Attorney’s office in the Eastern District of Virginia (the office with jurisdiction over the Washington Field Office).  The US Attorney’s office agreed to remand the case to USCIS and make a final adjudication within 30 days.

USCIS approved the application and scheduled our client for a US Citizenship Oath Ceremony. The client is now a US Citizen.

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