When a naturalization application is unreasonably delayed, U.S. immigration law provides powerful tools to force action. The correct legal strategy — and even where the lawsuit must be filed — depends on whether your case is delayed before or after the naturalization interview.
Understanding these distinctions can make the difference between continued delays and a timely resolution.
Delays Before the Naturalization Interview
Mandamus and APA Lawsuits
If your Form N-400 has been delayed before the interview, the primary legal remedy is a mandamus lawsuit, often combined with claims under the Administrative Procedure Act (APA).
A mandamus action asks a federal court to order U.S. Citizenship and Immigration Services to take action on a case that has been unreasonably delayed. While the court cannot force USCIS to approve your application, it can compel the agency to make a decision rather than leaving your case in indefinite limbo.
Where Can a Pre-Interview Lawsuit Be Filed?
For mandamus and APA cases filed before the interview, federal law allows several possible venues:
- Where you live (often the safest and most efficient option)
- Where your sponsor is located, if applicable
- Where the agency is headquartered, such as Washington, D.C., or Maryland
- Where the USCIS service center processing your case is located
Each option involves strategic considerations. Filing where you reside often reduces the risk of government motions to transfer venue, while filing where a service center is located may be advantageous if local case law is more favorable.
Delays After the Naturalization Interview
The Power of 8 U.S.C. § 1447(b)
Once you have completed your naturalization interview, the legal landscape changes significantly.
Under 8 U.S.C. § 1447(b), if USCIS fails to issue a decision within 120 days of the interview, you have the right to file a lawsuit in federal court. This statute provides a much stronger remedy than a standard mandamus action.
Mandatory Filing Location After the Interview
Unlike pre-interview cases, a § 1447(b) lawsuit must be filed in the federal district where you reside. This is a strict statutory requirement, and courts rarely allow exceptions.
Special circumstances — such as detention, incarceration, or residence abroad — may require additional analysis, but for most applicants, the venue is legally fixed.
Why § 1447(b) Is So Powerful
A § 1447(b) lawsuit offers several critical advantages:
- Judicial authority: The federal judge may take control of the case and decide it directly, including granting naturalization
- Enforceable deadlines: Courts can impose firm timelines on USCIS, preventing further delay
- Strategic leverage: The risk of judicial intervention often prompts USCIS to act quickly
In many cases, the court and USCIS agree to return the matter to the agency with a strict deadline — such as 30, 60, or 90 days — to issue a decision. If USCIS denies the application, the applicant retains the right to return to court and challenge that denial.
Choosing the Right Attorney
Even when a lawsuit must be filed in your local federal district, you are not required to hire an attorney from that district. Federal courts allow attorneys licensed in other states to appear through a process known as pro hac vice admission.
This means you should prioritize experience in federal immigration litigation, not geography. Proper venue selection and strategic filing can significantly impact how quickly your case moves forward.
Final Thoughts
Federal litigation can be a decisive tool for delayed naturalization cases — but only when used correctly. Whether your application is delayed before or after the interview, understanding your legal rights and filing in the proper court is essential.
If your naturalization application has been delayed and you’re unsure of your next step, Immigrant Lawyer can help you evaluate your options and protect your rights.
Contact us at +1 (972) 333 2121 to discuss your case.
