Ideally, having to sue USCIS for delay in your naturalization application is a last resort. If the U.S. government has already granted you a green card and recognized you as a lawful permanent resident, you are likely inclined to apply for U.S. citizenship through naturalization. The process of naturalization is time-consuming and requires plenty of resources, including money and preparation with seasoned lawyers. The culmination of the naturalization procedure takes place at the naturalization interview during which the potential U.S. citizen is asked a number of interview questions and needs to pass an English and civics test.
In case you have carefully prepared for your interview with your lawyers, and the requirements for naturalization have all been met, there should be no reason to experience any delay in the final decision with regards to your case, which would naturally preclude any lawsuit against USCIS over delays. However, there have been numerous cases in which our clients retained us to sue USCIS for delay, as USCIS did not issue a decision on their case for an extensive period of time. Hence, if you have asked yourself whether you can sue USCIS for delaying your case, the answer is yes!
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How can I sue USCIS for delay in my Naturalization Case?
In order to sue USCIS for delay in your case, you will need to refer to federal statute 8 U.S.C. § 1447(b), or simply referred to as 1447b, which puts USCIS under the obligation to respond to your naturalization application within 120 days after your naturalization interview. Now, if the US government fails to meet this deadline, you have the right to file a 1447b lawsuit against USCIS over delays concerning your application in Federal District Court. In other words, 1447b is the federal statute that holds USCIS accountable and simultaneously enables you to sue USCIS for delay. However, it is to be noted that certain factors need to be fulfilled before being able to sue USCIS for delay via a 1147b lawsuit.
What do I need to show to successfully sue USCIS for delay in my Naturalization Case under 1447b?
By filing the 1447b lawsuit against USCIS over delays in a U.S. Federal District Court, you are opting for the District Court to remedy USCIS’s delay on your naturalization application. In simpler words, 1447b states that the District Court should go after the government for not meeting the set deadline. However, prior to making the decision to sue USCIS for delay on your case, you should consider three requirements without which your 1447b lawsuit will not be successful:
- USCIS must have failed to adjudicate your application – In other words, there should be no decision on your case at all. If USCIS has simply denied your naturalization application, you can neither sue USCIS for delay nor file a 1147b lawsuit.
- 120 days have passed since your naturalization interview. – The period is expressly stated and must be complied with. The 120 days are counted from the date of your naturalization interview (called “the examination”). Determining this period can get a bit more complicated when additional evidence is requested (called “reexamination”) but in most scenarios the court would rule the 120-day period to have begun from the date of the initial examination, your naturalization interview. Before this period has passed, you cannot sue USCIS for delay via 1447b.
- The 1447b lawsuit should be filed in the US Federal District Court where your current residence is. – Even though this requirement is not specified in the statute of the 1447b lawsuit, it is a regular practice for lawyers to file with the respective district court of the applicant’s residence.
If all three requirements are met, the 1447b lawsuit against USCIS for delays can be filed and the court can obtain jurisdiction over your naturalization application. However, there is an ongoing debate over the exclusive jurisdiction of naturalization applications. USCIS is quick to argue that it retains concurrent jurisdiction even if the federal court already has jurisdiction. Frequently, this comes in handy, as it has become common practice for USCIS to adjudicate the application right after a 1447b lawsuit has been filed. The approval is then followed by a motion to dismiss the case in district court. The majority of the U.S. courts oppose this view and share the opinion that the federal court has exclusive jurisdiction over the naturalization application after a lawsuit against USCIS over delays is filed.
Nevertheless, USCIS may also decide to grant your naturalization application after the 1447b lawsuit has been filed. This is most probably the case in which you should revoke your lawsuit against USCIS over delays by submitting a joint motion alongside the government attorney. The joint motion should request the judge to hand the case back to USCIS, but the motion should include an order to USCIS to adjudicate the application within a set timeframe.
After we have answered your question “Can I sue USCIS for delay?”, let us touch on the potential outcomes of the 1447b lawsuit. What happens after filing your lawsuit against USCIS over delays?
- The court adjudicates the naturalization application and grants/denies it.
- The court remands the case to USCIS with strict instructions to take adjudicate your application.
The second scenario is significantly more common than the first since district courts try to stay away from adjudicating naturalization applications. When the court decides to remand the case to USCIS, there are specific instructions and time limits by which USCIS must finish adjudicating the case. These time limits vary case by case but are usually somewhere between 45 days and 2 months. However, in times of urgency, the time limit could also be set to a matter of days.
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Pandev Law’s Personal Take on 1447b Lawsuits
Even though there are numerous law firms that handle immigration cases, and naturalization applications are filed every minute of every day, our attorneys at Pandev Law have particular insight into 1447b lawsuits. Specifically, our principal immigration lawyer, Adrian, has extensive experience as a Trial Attorney at the Department of Justice, which offers him a unique perspective over these specific cases, as he used to defend these cases in the past on behalf of USCIS. Put differently, Pandev Law is aware of that is going on inside USCIS, before and after a lawsuit against USCIS over delays is filed. As such, Pandev Law is aware of common mistakes, traps, and tricks in order to successfully sue USCIS for delay in your naturalization case.
In fact, just recently, a client of ours contacted us and retained us to sue USCIS for delay on her naturalization application, which resulted in a granted naturalization within 30 days. We take great pride in what we do and we are more than confident that we supply our clients with the best service due to countless years of expertise in every niche of US Immigration Law!
Our Naturalization Services
To schedule a consultation with Adrian, our principal immigration lawyer, please click here and click on “Schedule a Consultation.” You can also email us at [emailprotected], or call us at (646) 354-3780.
If you wish to learn more about our naturalization services, including 1447b delay lawsuits, please visit our individual immigration page.
During your consultation, our immigration attorney will provide an honest assessment of your case, and a recommendation about your next steps.
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Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.
FAQs
Can I sue USCIS for delay? ›
Now, if the US government fails to meet this deadline, you have the right to file a 1447b lawsuit against USCIS over delays concerning your application in Federal District Court. In other words, 1447b is the federal statute that holds USCIS accountable and simultaneously enables you to sue USCIS for delay.
What happens if USCIS case is taking too long? ›For most applications, you can send us an inquiry if your case has been pending longer than the processing time posted. NOTE: We are actively processing your case if, in the past 60 days, you: Received a notice from us about your case, Responded to a request for evidence, OR.
Do I need a lawyer to sue USCIS? ›Let's Get Started on Your Case Together
One can exercise their rights and legally sue USCIS. While this action is possible, it is rare. The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important.
Under the current Immigration & Nationality Act a complaint (a legal action) may be filed in the U.S. District Court if the USCIS has failed to issue a decision on the application for more than 120 days after the date of the interview or examination for naturalization.
Can a lawyer speed up my immigration case? ›Immigration attorneys can help speed up your immigration case in a few different ways. The most obvious is by using their knowledge and experience to make the process go more smoothly and easily.
Can I call USCIS to speed up my case? ›You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
Why is my citizenship case taking so long? ›Many factors impact processing times, including the number of applications, petitions, or requests we receive, workload allocations, and staffing levels, among other factors. Case-specific factors may also make an individual adjudication more complex, requiring additional adjudicative time.
Why is USCIS delaying my case? ›Why Are Cases Taking Longer? Many factors can slow down your case. New policies at USCIS are restricting legal immigration. For example, one policy requires USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case.
Can I call USCIS to ask about my case? ›Persons with case-specific inquiries who have tried using the online tools and have not been able to attain the information they are looking for may call the USCIS Contact Center at 1-800-375-5283 (TTY: 1-800-767-1833).
How many lawsuits against USCIS? ›Indeed, in recent months, the number of these lawsuits has grown. A year ago, in July 2021, 387 such lawsuits were filed. By December 2021, that number grew to 466, and in May 2022, that number grew again to 647.
Can you file a lawsuit against USCIS? ›
Rights for Citizenship Applicants Under Federal Law
The law says that any government agency, including USCIS, has to decide your case within a reasonable amount of time. If the immigration service refuses to act, you can sue them in federal court by filing a lawsuit against USCIS.
Hourly rate — Immigration lawyers usually charge $100 to $600 per hour. It usually comes with consultation or immigration court proceedings, for example: removal proceedings.
Who can I complain to about USCIS? ›The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS).
How do I raise a complaint to USCIS? ›Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant's name and information about the nature of the complaint.
Can I write a letter to USCIS about my case? ›Now, obviously, you can send USCIS general letters asking them questions about the status your case and things like that. But the one time that you don't want to send a letter to the USCIS is when they've asked you for more information or you've already had your interview.
Can a lawyer help immigration case? ›An immigration lawyer can help you successfully obtain what you're looking for. Whether you want a work permit, the ability to keep your loved one in the country, or permanent citizenship, an attorney knows what steps you need to take to make this possible.
Are immigration lawyers worth the money? ›Hiring an immigration lawyer adds additional legal fees to your case, but often it comes with numerous benefits. Hiring an immigration lawyer can save you time and stress and increase your chances of success.
How can I force immigration to make a decision? ›If a U.S. Consulate or the USCIS have delayed your Green Card or Citizenship case for an unreasonable time, you can file a Writ of Mandamus in Federal District Court to force the U.S. Government to make a final decision.
What happens if USCIS case is outside normal processing time? ›If your case is outside normal processing times (beyond the time to complete 93% of adjudicated cases or beyond 130% of the cycle time), you will be provided a link for submitting an inquiry. If your case is within normal processing times, you will be provided an estimated date for when you can contact us.
What is the fastest way to get in contact with USCIS representative? ›If you have an inquiry that cannot be resolved through our self-help tools, you may call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). The USCIS Contact Center is changing its hours of operation to ensure that we have the maximum number of representatives available during the busiest times of day.
How can I talk to a USCIS officer? ›
Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern.
Is the a way to speed up citizenship process? ›Making an Expedite Request to USCIS
To request expedited processing of your naturalization application, you can either go through the USCIS Contact Center (800-375-5283) or write a letter to your local USCIS field office (the one handling your N-400 application).
The national average processing time for naturalization (citizenship) applications is 14.5 months. But that's just the application processing wait time (see “Understanding USCIS Processing Times” below).
What is the estimated time until case decision n400? ›The current average processing time for Form N-400 is around 6-24 months. Generally, however, the speed of processing depends on the USCIS field office handling the application, and some applicants can get a head start on the process (see “Filing Early” below).
How do I know if USCIS is reviewing my case? ›Wondering where you can check your case status? Visit the USCIS Case Status web page and enter your 13-character receipt number. If you're curious about the standard processing time for your petition, check which USCIS Service Center is handling your case and visit the Case Processing Times web page.
Will USCIS speed up in 2023? ›As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.
Why is my USCIS case status not updating? ›The online case status update page is often behind schedule or could reflect outdated or incorrect information. You can write to the USCIS Investor Program Office (IPO) via email (uscis.immigrantinvestorprogram@uscis.dhs.gov) to request a status update and confirm that your RFE was received.
Can I email USCIS about my case? ›Step 2: If more than 15 days have passed since you contacted the NCSC and the issue has not been resolved or explained, you can email the proper USCIS Service Center to check the status of your case. Please note: Emails should be sent to the Service Center that has jurisdiction over your case.
Can USCIS check your phone? ›No, USCIS does not have the authority to go through a persons phone. USCIS is a service agency and only has the authority to assign immigration statuses and investigate if the paperwork is genuine and viable. They cannot go through your phone as such.
Can I write to USCIS director? ›Yes, you have every right to correspond with the United States Citizenship & Immigration Service. Sometimes, USCIS asks you to send them additional information about your case.
What are the chances of winning an immigration case? ›
This view is far from the truth. Even if you are not a permanent resident, do not fall into the trap of assuming defeat is automatic. Yes, the reality is once served a Notice To Appear at immigration court, the odds of winning are far less than 50-50.
Can I have 2 cases with USCIS? ›You can file the family-based petition without jeopardizing either application. The USCIS permits having two pending immigration cases at the same time.
What's the largest lawsuit settlement ever? ›1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.
What is the success rate of mandamus lawsuit? ›Writ of mandamus cases have a high success rate in that 99% of cases are processed and submitted faster and not contested in court. However, the success of the petition itself depends on the factors of the case itself, as a writ of mandamus forces USCIS to make a decision, and does not necessarily mean an approval.
Does mandamus lawsuit work? ›Yes! These lawsuits are often successful because they put pressure on the government to take action on pending cases. By filing a mandamus lawsuit, you are sending a clear message that you will not just sit around and wait forever for a decision to be made on your case.
Can USCIS take back your citizenship? ›Naturalized U.S. citizens who acquired their citizenship illegally (were not really eligible for naturalization when they applied) or by deliberate deceit (lied or hid important information about themselves during the application process) can have their naturalization revoked. (See 8 U.S.C. § 1451(e).)
Why do immigration lawyers charge so much? ›Why Do Immigration Lawyers Charge So Much? The legal fees that Immigration Attorneys charge can depend upon many factors. These factors can include, for example, the complexity of the case presented, and the geographical area in which the Immigration Lawyer is located.
Why should you hire an immigration lawyer? ›Immigration lawyers can help you with a variety of issues related to immigration, such as getting a visa, applying for citizenship, and understanding your legal rights and responsibilities. They can also help you prepare your immigration paperwork and represent you in court if necessary.
Is immigration an attorney or lawyer? ›First and foremost, immigrations lawyers are attorneys of the law that went to law school, so their knowledge and expertise are not only limited to immigration laws. Having said that, immigration lawyers tend to have more experience and skills to represent you throughout the immigration process.
Can Congressman help with USCIS? ›If you are waiting for a decision on your application and it has taken longer than the USCIS estimated processing time or if you have a strong reason to ask for expedited processing of your case, your U.S. congressional representative might be able to help.
How do I write a letter to USCIS officer? ›
Tips for Writing Your USCIS Cover Letter
Keep your letter concise and only include necessary information. A long cover letter will not be as helpful to a USCIS officer as a brief letter. If possible, keep your letter to one page. Be sure to proofread your letter before submitting your application package.
Let's Get Started on Your Case Together
In short, yes. One can exercise their rights and legally sue USCIS. While this action is possible, it is rare. The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important.
What Are the Filing Fees? Fees for U.S. District Court Complaint is $350.00, plus $50.00 (est.) for Service of Process.
How do I write to an immigration judge? ›The letter should be addressed to “Honorable Immigration Judge.” • Introduce yourself, your immigration status, and address. If you are doing so in a professional capacity, letterhead is sufficient and no need to include a personal address.
How do I email a USCIS officer? ›For technical help regarding any of the issues listed above, go to my.uscis.gov/account/v1/needhelp, or you can send us a message from your USCIS online account inbox. If you have questions about FOIA, email us at FOIAPAQuestions@uscis.dhs.gov.
Can you email USCIS director? ›Via Email: Ur.M.Jaddou@uscis.dhs.gov Dear Ms. Jaddou: Congratulations on your confirmation as the Director of U.S. Citizenship and Immigration Services (USCIS).
Can I file a complaint against USCIS? ›Ways of Submitting Complaints
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant's name and information about the nature of the complaint.
A year ago, in July 2021, 387 such lawsuits were filed. By December 2021, that number grew to 466, and in May 2022, that number grew again to 647. See Figure 2.
How do I escalate an immigration case? ›- Submit an e-Request to USCIS if your case is beyond the published processing times. ...
- You may also call the USCIS Contact Center at 1-800-375-5283.
Our toll free number is 800-375-5283 (TTY 800-767-1833) and our hours of operation are Monday to Friday, 8am to 8pm Eastern.
How many immigrants are denied citizenship each year? ›
Even though the N-400 naturalization form is one of the least complicated aspects of immigration, a sizeable 10% of applicants find that they've been denied citizenship each year. On this page, you will learn about citizenship denial reasons, how to appeal them, and how to deal with N-400 delays.