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Writ of Mandamus – Fight the Delay in your Immigration Case
What happens when you apply for citizenship, go on your naturalization interview but simply do not hear anything back from USCIS after several months? You do follow-up calls to the National Service Center, make online service requests, go to Infopass appointments, and still nothing meaningful other than that your case is pending “security checks,” “under processing review” or simply pending.
Are you out of luck? NO!
Under Section 1447(b) of the United States Code, Title 8, USCIS is required to make a decision on an application for naturalization within 120 days of the naturalization examination. If USCIS fails to make a determination within 120 days, the citizenship Applicant may apply to the United States district court for a hearing. 8 U.S.C. § 1447(b).
The federal court may either make a determination on the application or remand the case back to USCIS with instructions to adjudicate the case.
Controlled Application Review and Resolution Program (CARRP)
Is your case under the CARRP program? If a case implicates a national security concern, USCIS may remove one’s case and place it in the CARRP program.
USCIS makes such a determination if the person seeking the immigration benefit is a “known or suspected terrorist” or has “indicators” involving unusual travel patterns, large scale transfer or receipt of money, membership in particular organizations, or residence in areas of suspected militant activity.
Often, those who are of Middle Eastern, Central Asian or South Asian origin or adhere to the Muslim faith are significantly impacted. CARRP not only impacts those who are seeking naturalization and citizenship, but also those who have applied for adjustment of status and a range of other immigration benefits.
Has your immigration case been significantly delayed?
Has your naturalization application lingered for a significantly long period of time with no sign of USCIS adjudicating your case? If so, you should fully understand the process and exercise your rights! Contact the Law Firm of Kyce Siddiqi right away.
We can either file a 1447(b) action for you or work to compel adjudication on your long-delayed case. Set up a consultation with an experienced immigration attorney who is an immigrant from Afghanistan and personally knows the turmoil and stress you are going to.
We love these kinds of cases and will work tirelessly to advocate on your behalf to get the best possible outcome in a difficult and sensitive situation.