Talk to a Glendale Attorney if Your U.S. Citizenship Application Has Been Delayed
If you have applied for U.S. citizenship, you have committed your time to financial resources and the process of preparation. Once your application has been submitted, you may face a long delay, with little to no information regarding your application, waiting for months or longer. Under federal law, USCIS is required to avoid excessive delays in letting you know whether your application has been granted or denied. The agency must decide within 120 days of your naturalization interview, and if they fail to do so, you have the right to file a lawsuit, called a “1447b Petition to Expedite” against USCIS.
The Requirements to File a 144b Petition to Expedite Lawsuit – What it Entails
To file a lawsuit to remedy an unreasonable delay in your citizenship application, three conditions must exist:
- USCIS has failed to adjudicate your application.
- Your naturalization interview was more than 120 days ago.
- The lawsuit must be filed with the U.S. Federal District Court serving the region where you live.
Once these three elements have been met, the court in which the petition is filed has jurisdiction over your application for citizenship. Please note that if your citizenship application was denied, filing 1447b petition is not the right legal action. USCIS may move forward quickly to adjudicate your case after the lawsuit is filed, and your lawyer, in conjunction with the U.S. attorney can submit a joint motion to return the case to USCIS for adjudication.
Potential Outcomes of Filing a 1447b Petition
Filing a 1447b lawsuit could result in two outcomes:
- Your case is adjudicated, either granting or denying your application.
- Your case might require further examination once your application is remanded to USCIS. Then, an RFE (Request for Evidence) could be issued by USCIS. This will require you to submit additional information and or documents regarding your case.
When a citizenship application is remanded to USCIS, the agency must render a decision within strict time limits, some as short as a week, and others may be as long as two months. The directives will include time limits in which the agency must complete all FBI security checks. If the agency then fails to do as directed, the Court may render a decision in favor of the applicant.
Attorney Fees and a 1447b Lawsuit
You may have the right to be granted attorney fees. If you filed and won the lawsuit, and USCIS failed to prove that the delay was justified, and the attorney fees requested are reasonable, you may be eligible to recover the cost of your attorney fees.
Your Immigration Attorney: Why Experience Matters.
Filing a 1447b lawsuit requires knowledge, skill, and experience. Your immigration lawyer plays a significant role in how your case will be resolved. At Aratta Law Firm, your case will be in the hands of a dedicated attorney and staff who are committed in helping you fight to achieve the U.S. citizenship, with all the rights and benefits citizenship provides.
Resolving Unreasonable Delays in Citizenship Applications
USCIS has been tasked with adjudicating citizenship applications within 120 days of a naturalization interview, even if some security checks have not been completed. If the delay is related to waiting for your naturalization interview, another legal action can be taken called a Writ of Mandamus. If you have been waiting for an unreasonable length of time after filing a citizenship application, you have the right to file a lawsuit to move the matter forward. Whether the agency has failed to complete an FBI background and criminal checks in a timely manner, or the delay is hung up on some other factor of your application, an immigration lawyer can assist you to file a lawsuit if the process is unreasonably delayed. Should USCIS deny your application, we can file an appeal.
For professional, dedicated legal representation in citizenship application delays, connect with Aratta Law Firm in Glendale, CA at (818) 550-1111 today.