N-400 Naturalization Application Delays

A lawful permanent resident may seek to become a naturalized citizen by filling out an Application for Naturalization, otherwise known as an N-400.

To be eligible for naturalization, an applicant must establish two things: first, that they have “resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years . . . immediately preceding the date of filing the application; and, second, that they are “a person of good moral character”.

An N-400 applicant is generally scheduled for a naturalization interview within 6-8 months from filing. 

Once an N-400 interview takes place, USCIS has 120 calendar days to make a final decision. In fact, 8 U.S.C. § 1447, “Hearings on denials of applications for naturalization” subsection (b) provides “if there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.”

In other words, 1447(b) gives jurisdiction to a district court to adjudicate an N-400 application when USCIS has failed to do so within 120 days of the applicant’s interview. In my experience, USCIS does not often fight 1447b petitions.

Unfortunately, there is no similar statute to force USCIS to schedule the applicant’s initial interview. However, when USCIS has not yet scheduled an N-400 interview after 12-14 months, it is possible to file a Writ of Mandamus under the Administrative Procedure Act, 5 USC § 706.