We often see people who were interviewed for their naturalization application months ago but have yet to receive a decision. The wait can be maddening, but there is a solution if you were interviewed at least 120 days ago and have not received a decision.
What can I do?
Congress anticipated such delays by passing a law that allows you to appeal to a US district court if the United States Citizenship and Immigration Services (USCIS) fails to make a decision on your naturalization application within 120 days of the interview.
File a petition for writ of mandamus
The vehicle is a petition for writ of mandamus – asking the court to force the government to perform a legally mandated duty. In this case, the government’s duty is to render a timely decision on your naturalization application.
The good thing about filing a mandamus action in these circumstances is that it quickly gets the attention of the USCIS. The government in a mandamus action is represented by the US Attorney’s office. That office has no interest in delaying a decision on your case or even in having to prepare a defense to the mandamus petition.
What happens after I file a mandamus?
After you file your petition for mandamus, the Assistant US Attorney assigned to your case will typically contact the USCIS to find out the source of the delay. If no good reason exists for the delay, the USCIS will normally move forward and issue a decision in your case. Thus, you should consider filing a mandamus action if you were interviewed over 120 days ago, and no issue(s) exist that can potentially prevent you from naturalizing.
Contact the professionals at Antonini & Cohen Immigration Law Group to help you file a mandamus
We have filed many successful mandamus actions to gain long delayed naturalization decisions for our clients. Call us if you were interviewed on your naturalization application over 120 days ago but the USCIS has not given you a decision. We can help get your case back on track. To schedule a consultation today, please call 404.850.9394 or click here to complete a contact form.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.