Citizenship and Naturalization
Unreasonable Processing Delays for Naturalization
Sadly, it is not uncommon for USCIS to substantially delay the adjudication of a Naturalization application. In some cases, delays may last for up to two (2) or there (3) years.
Delays may occur because of:
- Backlogs at the local USCIS Field Office
- Faulty or misleading background check information
- File being misplaced and forgotten about by the immigration officer in charge of the case.
What most applicants for Naturalization do not know, is that the law gives them the right to question an unreasonable delay by USCIS by asking the U.S. Government to approve their application by filing a Mandamus Action at their local Federal Court. In Mandamus Action, a federal judge is asked to take over the case and grant citizenship to the alien. You may file a Mandamus Action if more than 120 days has passed since the date of your naturalization interview and no decision regarding your Citizenship is yet to be made by USCIS.
There is a common fear among Naturalization applicants who’s application has been delayed, that the filing of a Mandamus Action will cause resentment on the part of USCIS, which will certainly lead to the denial of their application. Such fears are untrue and unfounded. When a Mandamus Action is filed, USCIS no longer retains jurisdiction over your application. In other words, what they think about you filing a Mandamus Action in Federal Court is irrelevant. A federal judge has jurisdiction to decide whether to grant or deny the naturalization application, and USCIS has no influence over the judge’s decision. If the alien is eligible to naturalize and not barred for any reason, the federal judge will approve the application.
The attorneys at the Law Offices of Yuri Tsyganov, PL have experience with filing Mandamus Actions in Federal Courts. Contact us today to schedule a free and confidential consultation so that you can better understand if a mandamus action is right for you.