Petition for Hearing on Naturalization 

Petition for Hearing on Naturalization 

If your application for citizenship (N-400) is being delayed for more than 120 days after your interview, you may have the right to file a federal lawsuit known as a Petition for Hearing on Naturalization, which gives a federal district court jurisdiction to intervene and make a decision on your delayed case. 

After the filing of a petition for hearing, the district court can expedite the processing of your case by either deciding your case in court or instructing USCIS to complete processing. If more than 120 days have passed since your interview, a petition for hearing will be the fastest way to get a decision on your case.

However, if you have not yet had your interview for your N-400, and your case is being delayed for the scheduling of an interview, you cannot file petition for hearing. Rather, you have the option of filing a Writ of Mandamus [MAKE THIS WORD A HYPERLINK TO Writ of Mandamus Page] to expedite processing. A Writ of Mandamus is very similar to a petition for hearing, and it will force USCIS to make a decision on your case. 

There are many reasons why USCIS is delaying your case. Sometimes the officer assigned to your case is not doing their job or your case has been referred to an investigation department which can take years until a decision is made. Regardless, USCIS has the duty to complete the processing of an application within a reasonable period of time and you should not be forced to wait in limbo. 

Boyadzhyan Law has handled countless Petition for Hearing lawsuits and could advise you of the pros and cons of filing such lawsuit since there are situations when a lawsuit can negatively affect your case. Thus, if your case has been pending for more than 120 days after your interview, and you are considering filing a lawsuit, it is important to consult with an experienced immigration attorney who has handled such matters. 

Contact Boyadzhyan Law for a free initial case evaluation to see if we could help expedite the processing of your case. (818) 572-4100 | info@boyadzhyanlaw.com