If you are filing for citizenship (Form N-400, application for naturalization) and had your interview more than 120 days ago, you have options. You’re not left just with a mandamus. You can take an action under Section 336(b) of the INA (8 USC 1447(b)). In simple terms, this is the petition for hearing on naturalization application.
Here, we’ll answer some of the common questions about the petition for hearing on the naturalization application. Further, we’ll answer other frequent naturalization questions. Some of them are about the naturalization test application, the US naturalization application for minors, the application for naturalization steps.
Naturalization is the process to become an American citizen when you were born abroad and don’t qualify for citizenship through your parents. Further, to apply for naturalization, you must:
Be 18 years old
Have been an LPR for the past three or five years, depending on the category
Continuous residence and physical presence in the US
Be able to read, write, and speak elementary English
Demonstrate good moral character during the statutory period
Show knowledge of US history and government and loyalty to the Constitution
Be willing to take the Oath of Allegiance.
The N-400 is the form you need to fill out to start your naturalization process. You can download it right here.
What if you’re filing for citizenship, had your interview, and the USCIS is taking forever to decide? You can take action under Section 336(b) of the INA (8 USC 1447(b)). Thus, the INA allows district courts to step in when the USCIS hasn’t decided within 120 days of applying. Also, it must contain these five features to proceed:
USCIS didn’t decide on the application.
The delay must have lasted 120 days of more.
The suit must be filed in the adequate federal district court.
The district court must step in on the issue.
The court can decide over the application or send the case with instructions back to USCIS.
Scared of suing the government? Don’t look at it that way. The agency (USCIS) has a job to do. Indeed, you can’t ask for an approval. Yet, you do have the right to a decision and not waiting years for it.
We tell our clients all the time that the worst thing isn’t the odds of a denial. The worst thing is being left hanging. Yet, most of our cases resolve in our clients’ favor. While past success is no warrant of future results, we’ll vet your case and if it’s apt, we will fight for you.
If the USCIS delayed the decision, you have options. For example, you can file a Writ of Mandamus to compel USCIS to take action. Sadly, it has become a must in many of our clients’ cases to sue just to get a ruling. Further, you can read more about it in this link.
Yes! You can file a US naturalization online application. First, you must create a USCIS online account and:
Receive case status update
Answer to evidence requests
Keep in touch with the USCIS
If you file online, you may pay through your USCIS account. Yet, if you file by mail, you can pay through money order, check, or credit card.
Imagine that you went through a tough process. Maybe you had to file for a petition for hearing on naturalization application or a writ of mandamus. And after becoming a citizen, your certificate gets lost! Don’t worry. You can apply for replacement of the naturalization citizenship document.
Also, there are many other cases where you may need a replacement; check them right here. Further, you will need to fill a form N-565, application for replacement naturalization.
If you don’t know where to send your application for naturalization, don’t worry. First, if you filed by paper, there are three different postal addresses you may send it. However, they depend on the state or territory where you live. Check them here.
Indeed, this process in the US can be a tough affair if you go through a petition for hearing on naturalization application. Still, at the HMA Law Firm, we fight to help aspiring Americans go through a successful naturalization application, and if we have to, we’ll sue.
Contact us now, and we will help you become an American citizen.