Naturalization Delays
Common Causes of Naturalization Delays
The naturalization process typically takes up to a year to conclude, from filing to oath ceremony. Under the Immigration and Nationality Act (INA), processing delays can occur at two stages: before or after the naturalization interview.
Common factors contributing to these delays include:
FBI Background Check Processing
Cases may experience delays during the mandatory FBI name check phase, particularly for applicants with common names or those requiring additional security screening.
USCIS Processing Backlogs
Agency-wide processing delays can significantly impact adjudication timelines, especially at high-volume service centers.
Requests for Evidence (RFEs)
USCIS may require additional documentation to complete case adjudication. Our attorneys anticipate potential RFEs and prepare comprehensive, timely responses to minimize processing delays.
Missed USCIS Appointments
Failed appearances at biometrics appointments or interviews can halt application processing. We work proactively to secure new appointments and ensure thorough preparation for all USCIS interactions.
Material Changes in Circumstances
Significant life changes such as relocations or marital status updates require proper USCIS notification.
Application Deficiencies
Technical errors or inconsistencies in Form N-400 can trigger extended reviews. Our thorough application preparation process helps prevent these issues and expedites resolution when they arise.
Resolving USCIS Processing Delays
When your naturalization application encounters significant delays, we offer strategic solutions to move your case forward.
Mandamus Actions
A mandamus action is a legal remedy that compels government agencies to fulfill their legal duties when they’ve unreasonably delayed action. When your naturalization case has been pending for an excessive period without justification, we file a lawsuit in federal court requesting a judge to order USCIS to process your application.
The lawsuit documents the delay timeline, demonstrates why it’s unreasonable, and requests judicial intervention to require USCIS to decide.
Benefits:
- Typically results in case resolution within 2-4 months of filing
- Often prompts USCIS to act before the court even rules
- Establishes accountability through judicial oversight
- Creates a clear record of the delay and resolution efforts
INA §336(b) Lawsuits
This specialized legal action is based on the Immigration and Nationality Act’s explicit requirement that USCIS must decide naturalization applications within 120 days after the interview. When this deadline passes without a decision, the law allows you to request the federal court to either decide your case directly or order USCIS to act. This effectively transfers your application from USCIS to the federal judiciary, creating a new pathway for resolution when administrative processes have stalled.
Benefits:
- Applies specifically to post-interview delays exceeding 120 days
- Removes your case from USCIS bureaucracy
- Can result in the court directly granting naturalization
- Creates mandatory timelines through court procedures
Other potential remedies we may incorporate as part of our representation include:
- Expedited Processing Requests — Filing detailed expedite requests for qualifying circumstances
- USCIS Ombudsman Assistance — Working with the Ombudsman’s office for systemic issues
- Case Status Inquiries — Submitting formal inquiries for cases exceeding normal processing times
Our attorneys will evaluate your situation to determine if federal court action is appropriate for your delayed naturalization application.”
Take Action Against Naturalization Delays
Extended USCIS processing delays can disrupt your plans and put your life on hold. De Wit Immigration Law has successfully resolved delayed naturalization cases for families and individuals in the U.S.
If your naturalization application has been pending beyond normal processing times, contact our office to discuss your options.
Our attorneys can:
- Review your case history and current status
- Identify the likely causes of delay
- Outline concrete steps to advance your application
- Recommend the most effective legal strategy
Schedule a consultation today to develop a clear action plan for your delayed naturalization case.
Frequently Asked Questions
USCIS aims to process naturalization applications within a year from filing to the oath ceremony. If your case is taking longer, it may be stuck in a delay.
You can check your case status online at https://egov.uscis.gov/ or by calling the USCIS Contact Center. If your case is outside normal processing times, we recommend consulting with our immigration attorneys about your options.
Contact USCIS immediately to explain your absence and request a new appointment. If you simply don’t show up, USCIS can deny your case and make you start over. A citizenship and naturalization attorney can help you navigate the rescheduling process and build the best case for another chance.
There’s no surefire shortcut to naturalization, but an experienced attorney can identify opportunities to nudge your case along. If you’re experiencing delays, we can explore options like expedited processing, congressional assistance, ombudsman aid, and even lawsuits to jumpstart your case.
Attorney fees vary based on the complexity of the case and the level of service provided. At De Wit Immigration Law, we offer transparent pricing tailored to your specific needs. The best way to get an accurate quote is to schedule a consultation to discuss your case and goals.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
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The U.S. immigration process is complicated enough. We are here to help you identify clear, creative, and effective immigration solutions and guide you through every step of the process.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.