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It has been Over 120 Days Since My Naturalization Interview. What Can I Do?

Updated: Dec 3, 2022

Section 336(b) of the INA ( 8 U.S.C. § 1447(b)) gives U.S. District Courts jurisdiction over naturalization cases that are over 120 days from the examination. So, what are the requirements to bring a lawsuit against USCIS for delays in your naturalization application. There are two basic requirements.


First, it must be over 120 days since the date of your naturalization examination. What does examination mean? Most courts have interpreted that to mean 120 days from the applicant's naturalization interview. A minority have courts have interpreted that to mean 120 days from when the FBI completes its background checks. You should check with an attorney to find out what the definition is in your judicial district. It is important to note that this is NOT 120 days from when you file your application. It may take over 120 days to even get an interview. The 120-day clock usually starts from the interview.


Second, the lawsuit must be filed in the federal district court where you, as the applicant, reside.


Once the lawsuit is filed, the court then acquires jurisdiction over the naturalization application and may do one of two things. First, it may either just decide the naturalization application; or, second, it may remand the case with instructions to USCIS to complete certain steps. For example, the court may require the FBI to complete any background checks within a certain period of time.


Please contact me today if it has been more than 120 days since your interview to see if a lawsuit for a free consultation.

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