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Is it useful for going to court if after N400 interview, your case remains undecided after 4 months?

Phoenix, AZ |

Interview granted after almost 2 years of filing N400. Interview is almost 3 months ago. FBI also interviewd the applicant. No answers yet. Applicant has clean history but from a country where war is going on and visits there yearly. Has no criminal / political history. CLean records. Feels persecuted.

Attorney Answers 2


FBI takes forever to complete thier investigation -- I wouldn't rush into court especially since the court you would have to file is a federal court which can be expensive. Your first course of action is to start a letter campaign to the service, that way if you have to file for a Writ of Mandamus, you have a paper trail to supprt the application for the Writ..

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If the FBI is investigating the matter, there may be more to this case. The attorney-client privilege is present to allow clients to fully divulge all information without consequence. This helps attorneys shape and employ legal strategies that are in the best interest of the client. Based on my experience, there is usually no criminal liability but some suspicion based on country of origin, association with certain people and groups. Prior to filing in federal court, the prudent step is to discuss all of these issues with an attorney.

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