By Brandon Gillin
Immigration Attorney in Seattle, WA
It is common for United States Citizenship and Immigration Services (“USCIS”) to take quite some time to issue a formal decision in a Naturalization case after the applicant has his/her interview. As a matter of regulation, USCIS has 120 days to issue a decision. If no decision is issued after 120 days, the applicant may request judicial review of his/her application in U.S. Federal District Court. Genesis Law Firm, PLLC handle these requests for judicial review on delayed Naturalization decisions. Sometimes, USCIS claims that a post-interview Naturalization case is “stuck.” This is not uncommon, since USCIS is an enormous Federal sub-agency that is operated by extremely busy people.
In order for your case to become “un-stuck,” it may be necessary to get the Federal District Court in your area involved. We file motions and petitions in Federal District Court for petitions and hearings on Naturalization cases. This simple act can get the attention of USCIS, in essence “forcing” its hand to adjudicate the Naturalization case.
Before filing such motions, it may be prudent to enlist the help of one of your state senators, or even the President of the United States as that evidence could show a decision-maker that a good-faith effort was made to resolve the matter outside the court, which makes your case that much stronger.
Of course, asking for review of your post-interview Naturalization case does not necessarily mean that it will be granted. The USCIS officer may approve/grant the application, continue it for lack of evidence, or deny it.
If it is approved, you will be scheduled for a swearing-in ceremony where you will take an oath before becoming a U.S. citizen.
If it is continued for lack of evidence, you must provide the evidence that USCIS requests of you.
If it is denied, you may appeal using Form N-336, re-file the N-400, or accept the denial and do nothing.
If your Naturalization case is “stuck,” or you have some other problem with it, contact us to schedule a consultation.