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This is a common question in our consultations. Sometimes, applications appear “stuck” in the U.S. immigration system, with years of waiting and endless inquiries, letters, InfoPass appointments, and even Congressional liaison support. An applicant for immigration benefits who is experiencing a serious delay in their case due to government failure to issue a decision may be able to sue U.S. Citizenship and Immigration Services (USCIS). This is a lawsuit to compel the agency to act, and it is filed in federal district court. Such lawsuits are filed pursuant to the Mandamus Act or the Administrative Procedures Act (APA). Petitioners for Form I-130, green card applicants, asylum applicants, naturalization applicants, and others may take this action to demand a response from USCIS.
Applicants for naturalization are entitled to a decision on their application within 120 days after their interview. If a decision is not issued by that date, the applicant may sue USCIS in federal district court, effectively transferring the case to a federal judge for a final decision.
If a naturalization applicant is not called for an interview, the applicant may still sue for a decision as described above.
It is possible to “appeal” a denied naturalization application in a federal district court. If the applicant has already filed Form N-336 for a hearing on the denied application, and if USCIS continues to deny the application, the applicant may sue USCIS in federal court. This effectively transfers the case to a federal judge for a final decision.
26 Mar