Naturalization Denials & Appeals
Unfortunately, it is not uncommon for naturalization applications to involve substantial delays. Oftentimes, the cause of the delay is not the fault of the alien seeking to naturalize. Delays can occur because of U.S. Citizenship and Immigration Services backlogs, mistaken background check information or simply a misplaced file. Delays can last more than three years in some cases.
Many aliens seeking naturalization are not aware that they have the right to contest an unreasonable delay and force the U.S. Government to adjudicate the case. Aliens experiencing an unreasonable delay in the processing of their naturalization application may pursue a Mandamus Action against the government. A mandamus action is a lawsuit against the U.S. Government asking a federal judge to take over jurisdiction of the case and grant citizenship to the alien. A delay of more than 120 days from the date of the naturalization interview/examination is deemed unreasonable under 8 U.S.C. § 1446. Once the 120 days has expired, the alien may proceed with a mandamus action.
Many aliens are leery about suing the Government in a mandamus action, because they are afraid the government might deny the naturalization application out of revenge. This should not be a concern, because once the mandamus action is filed, United States Citizenship and Immigration Services no longer has jurisdiction over the case. A federal judge has jurisdiction to decide whether to grant or deny the naturalization application, and USCIS has no influence over the judge's decision. If the alien is eligible to naturalize and not barred for any reason, the federal judge will approve the application.
Contact Nelson & Nuñez, P.C. today to schedule a confidential consultation so that you can better understand if a mandamus action is right for you.
How Nelson & Nuñez, P.C. can help you: We have worked with many naturalization applicants to get their applications approved in a timely fashion. There are several strategies we can pursue in order to move your naturalization application through the administrative process. We work with Congressional representatives and Immigration liaisons and, if necessary, we file lawsuits against the federal government.
How Nelson & Nuñez, P.C. Can Help
If there is a denial of a naturalization application or an intent to deny the application, it is imperative that the applicant move promptly to fix the situation. It is possible to solve the problem and get the application approved without the need for an appeal or deportation proceedings, but the applicant will need an attorney that is well-versed in dealing with these situations. Nelson & Nuñez, P.C. can work with the Immigration Officers and attempt to convince them to grant the application. This can avoid the need for an appeal and possible deportation proceedings. If necessary, we can represent you in an appeal to have the naturalization application granted.