If you filed for US Citizenship through naturalization, and it has been over four months since your interview with no response, then you have recourse. US Congress has enacted laws that enable applicants for US Citizenship through Naturalization who have been waiting four months or more to take action in federal court and request a judge to force USCIS to decide on long-pending US citizenship cases. We discuss how to get a decision on your US Citizenship case here.
How long does USCIS have to make a decision after my citizenship interview?
US Citizenship and Immigration Services (USCIS) does not have an indefinite time to decide on your naturalization application. Under the Immigration and Nationality Act (INA) section 336, USCIS must decide on your application for citizenship within 120 days (4 Months) of the date of your naturalization examination.
Be advised that under section 336 of the Immigration and Nationality Act (INA), you have the right to request a hearing before an immigration officer if your application is denied, or before the US district court if USCIS has not made a determinination on your application within 120 days of the date of your examination. INA 336
It has been more than 120 days since my naturalization exam, what can I do?
If it has been more than 120 days since you had your naturalization examination, and you still have not received a decision from USCIS, you have the legal right to take the following actions:
- You can request a hearing before a federal judge to rule on your application, or
- You can ask a federal judge to order USCIS to rule on your naturalization application immediately.
Will asking for intervention in my case impact the decision?
Asking for intervention in your case will NOT impact the final decision. It will however force USCIS to make a decision on your case. If you have been waiting more than 120 days, oftentimes requesting intervention is the only way to move your case forward.
Do I need a lawyer to intervene in my case?
You can always write a letter to USCIS on your own to try and move your case forward. However, it does not carry the same weight as the threat of a lawsuit from an attorney. No one likes to be sued not even USCIS. Many times the threat of a lawsuit alone will move the case forward. If the threat doesn’t work, a lawsuit will.
Additional Outside Resources
- USCIS: N-400, Application for Naturalization
- USCIS Policy Manual Volume 12 – Citizenship and Naturalization
- Apply for Citizenship
We Can Help!
If you have experienced an unreasonable delay in your US citizenship application, we can help. Contact us to speak with an experienced US Immigration Lawyer to get a final decision on your naturalization application.
