Naturalization is often regarded as the pinnacle of the U.S. immigration journey. However, the path to U.S. citizenship can be long, complex, and sometimes delayed unexpectedly. When the naturalization process stalls, applicants may have recourse to legal action through a mandamus petition. At Richards & Jurusik Immigration Law, we specialize in assisting clients whose naturalization applications have been unreasonably delayed. Here’s what you need to know about mandamus petitions and how they can help.
Understanding Naturalization Delays
The naturalization process culminates in an interview, commonly referred to as an examination, followed by a decision. While processing times vary by USCIS field offices, many are adjudicating naturalization applications in under a year. However, delays can occur, leaving applicants waiting beyond reasonable timeframes.
The 120-Day Rule for Naturalization Decisions
Under U.S. immigration law, once a naturalization interview is completed, USCIS has 120 days to make a final decision. If USCIS fails to act within this timeframe, applicants may pursue legal action.
What Is a Mandamus Petition?
A mandamus petition is a lawsuit filed in federal court, compelling a government agency to fulfill its legal duties. For naturalization applicants, this means asking a federal court to intervene under 8 U.S.C. 1447(b). Through this petition, the court can:
- Decide the Naturalization Application: The U.S. District Judge can directly adjudicate the application.
- Remand to USCIS with Deadlines: The judge may send the case back to USCIS with an order to decide within a specified period.
When Should You File a Mandamus Petition?
If your naturalization application has been unreasonably delayed and you have waited more than 120 days after your interview without a decision, you may be eligible to file a mandamus petition. Delays could be caused by:
- Background checks
- Administrative errors
- Excessive workloads at USCIS field offices
Filing a mandamus petition can often prompt USCIS to act quickly, resolving the case before it goes to trial.
How We Help with Delayed Naturalization Cases
If your naturalization application has been pending for an unreasonable period, particularly if more than 120 days have passed since your interview, we can help. Our experienced attorneys are committed to navigating the complexities of mandamus petitions and securing timely resolutions for our clients.
