When you have completed requirements for naturalization, it seems like it should be a time for celebration. Unfortunately, in Naperville, unreasonable delays for citizenship inspires feelings of frustration and anxiety instead of joy.
Delays in the naturalization process could occur at several stages and for many different reasons. Fortunately, in many situations, there are legal remedies available. An immigration attorney could review the circumstances to determine whether filing a lawsuit or taking other action could resolve a delay in your case.
Determining When a Delay is Unreasonable
Delays have become endemic in all phases of immigration application processing. It could be difficult at times to determine the cause of a delay. In some cases, files may be set aside or misplaced when U.S. Citizenship and Immigration Services (USCIS) has a question or needs more information. In these types of situations, an immigration lawyer may be able to investigate and resolve the problem, allowing processing to continue.
Because delays continue to increase, there is no strict deadline for determining whether a delay has extended beyond a reasonable period. USCIS lists average wait times on the agency website, so those time periods could be used as a starting point to define Naperville unreasonable delays for citizenship.
Requesting a Hearing on a Citizenship Delay
Applicants for naturalization who have completed the interview and examination process have a special remedy available to them under 8 U.S.C. §1447(b). This federal statute gives applicants the right to file a suit in federal district court if the agency has not made a determination after 120 days from the date of their examination.
Under this law, courts have the authority to make a decision on the naturalization application or to remand the case for determination in the agency with “appropriate instructions.” Unreasonable delays for citizenship in Naperville may be resolved through this type of lawsuit in situations where naturalization applicants have apparently jumped through every hurdle and yet still remain ignorant about their fate.
Working with USCIS
USCIS is a huge agency with responsibility for handling all facets of citizenship and immigration. However, the agency also often works with the Federal Bureau of Investigation, the U.S. State Department, and other federal agencies as part of application processing. Delays could occur within USCIS or when applications or information are transferred from one agency to another.
It could be helpful to have an attorney familiar with the process contact USCIS to determine the source of delay and any remedial action that could help. Because of backlogs in processing N-400 naturalization applications, USCIS has implemented a policy of shifting caseloads between field offices and scheduling applicants to appear at field offices outside their jurisdiction. It is hoped these actions will decrease unreasonable delays for citizenship in Naperville and other busy jurisdictions, but they could provide cause for confusion or further opportunities for misplaced documents.
If USCIS proves uncooperative, an attorney could assist by filing a petition for a Writ of Mandamus or other legal action to compel the agency to act on a matter that has been subject to an unreasonable delay. These types of lawsuits will not cause a court to issue an answer but could require the agency to speed up the decision-making process.
Help with Naperville Unreasonable Delay for Citizenship
Delays in the naturalization process are costly, frustrating, and worrying. While it is possible to check with USCIS to follow the progress of an application, often inquiries through the agency seem to lead to a dead end.
An experienced immigration lawyer may be able to find the source of a delay and explain your options for addressing Naperville unreasonable delays for citizenship. Applicants who have waited an unreasonable length of time for an answer on their naturalization application do have the power to take action to resolve the situation.