Top 10 Reasons Why There's a Long Delay Getting a Decision After A Naturalization Interview
Sarraf Gentile LLP Sarraf Gentile LLP
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 Published On Apr 29, 2023

Here are the Top 10 reasons why there's a long delay in getting a decision after a naturalization interview:

1. Background checks: The government needs to make sure you don't have any criminal history or other issues. If these checks take longer, you might have to wait more.

2. Safety concerns: If they think there could be a risk, like you being involved with criminal groups, they might need extra time to look into it.

3. Missing or unclear paperwork: If the government needs more documents or information from you, this can slow the process.

4. Double-checking: The person who interviewed you might need more time to review your case or talk to their boss before deciding.

5. Mistakes or confusion: If there are mistakes or confusing things in your application, the government might need extra time to sort it out.

6. Too many applications: When there are a lot of people applying, it can take longer for the government to process everything.

7. Not enough staff: If there aren't enough workers at the government office, it might take longer to make decisions.

8. Changes in rules or policies: If the rules for immigration change, this could slow things down.

9. Complicated cases: Some cases are harder to figure out than others. If your case has special issues, it might take more time to decide.

10. Incompetence: Sometimes agencies make mistakes. For instance, in 2022 many people had their naturalization cases delayed because their applications were locked in an underground storage facility and USCIS was not able to access them.

The good news is that these delays are solvable. Naturalization applicants who have waited for a decision more than 120 days after their interview have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit in federal court. The statute is very specific in identifying precisely when a naturalization applicant can ask a federal court to intervene due to agency delay: when the agency fails to make a decision on the application within 120 days after the “date on which the examination is conducted under [§ 1446].” 8 U.S.C. § 1447(b). These lawsuits are very effective in compelling decisions.

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