Unreasonable Delay for Citizenship in Doraville
If you are a permanent resident seeking citizenship, you probably understand how slowly the immigration system works in the United States. Security concerns, staff shortages, and the sheer volume of applications contribute to long processing times. However, after waiting the required residency period to apply for naturalization, an applicant should not have to wait additional time to be approved.
If you are experiencing an unreasonable delay for citizenship in Doraville, contact a local naturalization attorney. The law provides options to speed up a decision on your application. After waiting years, you could be a naturalized citizen within a few months.
Timelines for Processing Citizenship Applications
Citizenship delays sometimes happen because a background check or security clearance results in an issue. More often, delays result from misplaced paperwork or lack of attention to the individual’s case. Creating an online account with United States Citizenship and Immigration Services (USCIS) to track an application could help catch these delays. If the applicant notices no activity on their application for a significant period, they could contact the agency and bring it to their attention.
Applicant error could also lead to delay. A Doraville lawyer could help a citizenship petitioner complete and submit form N-400 to ensure USCIS has all the necessary information to avoid a delay. When USCIS rejects an application and requests additional information, the process could experience additional delays or setbacks.
Within a few weeks of filing their N-400, a citizenship applicant should receive a notice to make an appointment for fingerprinting. The appointment usually happens within two to three months of submitting the completed application. USCIS then conducts a background investigation and, when that is complete, schedules an in-person interview with the applicant. Interviews typically occur a year to 15 months after filing the N-400.
Can a Mandamus Lawsuit Spur a Citizenship Decision?
If an applicant is experiencing significant delays for citizenship that are not the result of applicant error, consulting a Doraville attorney for advice could be fruitful. When a government agency fails to do its duty, the law allows an applicant to file a mandamus action lawsuit. The citizenship petitioner asks a judge to order USCIS to process their application.
Judges can decide these lawsuits without hearing testimony or reviewing any evidence except the application. A mandamus action is relatively quick and inexpensive, and if successful, a judge might rule that the USCIS must schedule an interview within a specific timeframe.
Can Federal Judges Grant Citizenship?
Once an applicant has had their citizenship interview, 8 United States Code §1447 demands that this immigrant receive a decision within 120 days. If the USCIS does not issue a decision, the person requesting citizenship. could ask a federal judge to intervene. The judge could review the applicant’s file and decide whether to grant the status. If the judge grants it, the applicant could take the oath of citizenship that day or on a future day when the court has scheduled others to take the oath.
The judge could also return the case back to USCIS with an order to decide on the petition within a set time. A dedicated lawyer in Doraville could help navigate these possibilities surrounding an unreasonable delay in citizenship.
End Citizenship Delays with a Doraville Attorney
If you have been waiting for USCIS to act on your naturalization petition, you have options that could speed up the process. A mandamus action or a request for a federal judge to grant your citizenship application could yield favorable results.
You do not have to wait passively for USCIS to do its job. Talk to an attorney today to explore your legal options and discuss an unreasonable delay for citizenship in Doraville.