PETITION FOR HEARING ON NATURALIZATION (INA 336(B))
If you are filing for citizenship (form N-400) and have already had your interview more than 120 days ago, you have an option other than mandamus: an action under Section 336(b) of the INA (8 USC 1447(b)).
Under this statutory scheme, the INA grants district courts jurisdiction to intervene where USCIS has failed to make a decision on the naturalization application within 120 days after the date on which the examination is conducted under such section.
Section 1447 (b) includes five general elements:
- USCIS must have failed to make a decision on the Naturalization application;
- The delay in decision-making by USCIS must have lasted for at least 120 days after the “examination”;
- The suit should be filed in federal district court, in the jurisdiction in which the applicant resides;
- The district court acquires jurisdiction over the matter;
- The court may either decide the naturalization application or may remand the case with instructions to USCIS.
If the USCIS has delayed making a decision on your citizenship application, you can file a Writ of Mandamus to force the USCIS to make a final decision. Our law firm will carefully review your case. We will assist you and recommend the most suitable course of action for you.
HMA Legal Intern