Unreasonable Delay for Citizenship in Pineville

There are hundreds of naturalized citizens in North Carolina, and many more immigrants living in the area with the goal of obtaining citizenship. The federal immigration laws that apply to citizenship seekers are complex enough to prevent anyone’s journey from being simple and quick.

However, for some, the process is rife with unexpected or frustrating delays. If you are experiencing an unreasonable delay for citizenship in Pineville, you should speak with an experienced immigration delay attorney for help understanding your rights and options, including how to work with the U.S. Citizenship and Immigration Services (USCIS) office.

What Is Considered an Unreasonable Delay in Processing an Application?

In Pineville and across the country, there are many potential reasons for delays in the citizenship process. These issues may include:

• USCIS agency staffing issues
• Higher application volumes resulting in agency backlogs
• FBI delays in processing name and background checks that are necessary for decision-making

There are legally defined timelines for various immigration and citizenship processes, including that a USCIS office must render a decision about a naturalization application within 120 days after an interview has taken place. Additional legal deadlines or expected timelines are listed on the USCIS website. Anything that surpasses these expected deadlines may be considered an unreasonable delay in the process.

Possible Solutions to an Unreasonable Delay for Citizenship

An experienced Pineville immigration lawyer may be able to help you determine the best way to resolve the delay in your citizenship proceedings. Possible solutions include the following.

Submitting a USCIS Case Inquiry

When a citizenship process takes longer than the expected timeline listed on the agency’s website, the applicant or their lawyer can submit a USCIS case inquiry, which is a request for a status update on the process. In some cases, this inquiry prompts USCIS personnel to recognize a delay and compel them to proceed with a decision.

A Mandamus Lawsuit

This is a federal lawsuit that compels the USCIS to resolve the claim by approving or denying the application. If a case inquiry fails to result in a timely decision, this legal complaint can be filed in a district court. Often, simply filing a lawsuit may prompt the agency to make a decision, though some cases may involve a trial with evidence of the delay. In this case, the court orders the agency to make its decision. However, it does not control what that decision will be.

Contact Sussman Law Firm in Pineville About an Unreasonable Delay for Your Citizenship

For those attempting to become naturalized U.S. citizens, delays in the process can have serious consequences. You may face restrictions on your ability to travel, a loss of certain rights granted to citizens, financial costs, a risk of deportation, and emotional harm resulting from a lack of resolution.

If you have applied for citizenship, more than 120 days have passed since your interview, and you still have not been given a decision on your application, speak with a lawyer who can help you explore your legal options. The team at Sussman Law Firm understands how overwhelming an unreasonable delay for citizenship in Pineville can be. Contact us today to learn more about how to get the process moving again for you.