Legal Question in Immigration Law in New York

Uscis

my application N-400(citizenship) is pending since 05/24/2004 and USCIS told me that they are waiting for FBI to finish my background checking.

so how can I push these guys FBI or USCIS to make a decision about my case?


Asked on 1/21/07, 2:18 pm

2 Answers from Attorneys

Ruchi Thaker Law Office of Ruchi Thaker

Re: Uscis

Your case sounds like a great case for a mandamus action in a federal district court to compel the USCIS to adjudicate your application.

Our office has extensive experience in federal court litigation and we would be happy to help you should you wish. Please feel free to contact me if you wish to consult with us.

Thank you!

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Answered on 1/21/07, 2:22 pm
William Frenkel Frenkel Sukhman LLP

Re: Uscis

If your natz interview was more than 120 days ago, you may file a Section 336(b) action in a federal district court to compel USCIS to complete the process, which is normally a better alternative to a general mandamus action. The statute even authorizes the judge to grant you naturalization in the appropriate circumstances. However, you should be prepared for a real fight with the US Attorney's office in SDNY as it has been becoming quite aggressive in fighting off such actions despite the clear legislative language. There are other options to consider but they are usually much less effective than federal litigation. Obtain advice of an experienced immigration litigation attorney before proceeding.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 1/22/07, 10:18 am


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