Your Citizenship Application Is Stuck. Force a Decision.
If USCIS has sat on your N-400 for months — before or after your interview — a federal lawsuit can compel a decision. Attorney Ahmad Yakzan files naturalization delay actions in federal court.
When Naturalization Drags On
You passed your interview, or you have been waiting months just to be scheduled — and USCIS still has not decided your N-400 or scheduled your oath. Every month of delay is another month you cannot vote, petition for family, or travel on a U.S. passport.
Naturalization delays fall into two buckets, and the law gives you a tool for each.
Two Legal Paths to a Decision
After your interview — 8 U.S.C. § 1447(b). If USCIS does not decide your case within 120 days of your naturalization examination (interview), you may ask the federal district court to either decide the application itself or order USCIS to decide it. This is a powerful, statute-specific remedy unique to naturalization.
Before your interview — mandamus & the APA. For N-400s stuck in pre-interview limbo, the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 555(b), 706(1)) let a court compel USCIS to move a case it has unreasonably delayed.
How the Process Works
Delay Analysis
We review your receipts, processing times, and history to confirm the delay is unreasonable and that a federal court has jurisdiction.
File the Complaint
We file a complaint in the proper U.S. District Court naming the responsible officials and demanding a decision on your case.
Government Is Served
The government has roughly 60 days to respond. Very often the agency simply adjudicates the case rather than defend the delay.
Resolution
Your application is decided — frequently within weeks to a few months of filing. You finally get the decision you were owed.
Frequently Asked Questions
Under 8 U.S.C. § 1447(b), if USCIS fails to make a decision within 120 days of your naturalization interview (examination), you can file in federal district court. The court can decide the application itself or order USCIS to decide it. This is separate from a mandamus action and is specific to N-400 cases stuck after the interview.
Yes. Long pre-interview delays are addressed through a mandamus and APA action, which asks the court to compel USCIS to move your unreasonably delayed case forward. There is no fixed number of days, but delays well beyond posted processing times are strong evidence of unreasonableness.
No. Filing to enforce your right to a timely decision does not prejudice your application, and it is not held against you. In practice, USCIS frequently adjudicates or schedules the case soon after the lawsuit is filed.
A pending FBI name check or security check is one of the most common reasons cited for N-400 delays. Courts have repeatedly ordered decisions despite pending checks where the overall delay is unreasonable.