It has been 120 days since interview but have not heard anything from USCIS. Would like federa judge to adjudicate my application may I do this?
Much too soon & premature for this.. Before you are able to file a (hopefully successful) "Mandamus" action in federal court, resulting in (hopefully) a federal judge to "act" on your application for naturalization, you have to prove to have "exhausted" all your "administrative remedies", and that takes much, much more than having just waited for 120 days after the interview for USCIS to render a decision on your case.
I know nothing about your case. Be forewarned that you should only file a Mandamus action in federal court IF your "citizenship case" is "squeaky clean"... Not a good idea at all if your application happens to have a few "skeletons" in your closet.. Seek to consult with and hopefully engage a reputable attorney that is not expected to "disappear" anytime soon, at least until you obtain what you want..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You may file a federal court action if it has been 120 days since you interviewed. However, doing so is not always advisable. It is best to exhaust administrative remedies first such as submitting e-Requests or attending an infopass appointment at the local field office. In addition, a federal action is only advisable if there are no grounds to deny your application. If your application could be denied do to some issue, you may find that your application has not only been denied but that you are in removal proceedings.
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Try to find your lawyer. If he is an attorney he could not just disappear.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It could be that your attorney was just a notario or paralegal or just someone claiming to be an attorney. The first thing you should do is to retain an immigration attorney to discuss your case to determine whether you have any potential issues that can cause serious problems for you.
This answer is provided for information only by an Immigration Attorney with over 22 years of experience in immigration law. It is not legal advice nor establishes an attorney-client relationship between you and KVJ Immigration Law Office, PA. Please consult with an immigration attorney to obtain confidential legal advice based on your specific situation and the facts in your case.
Federal suits are expensive. First it would be advisable to do an inquire request, and INFOPASS, and a request with the office of the OMBUDSMAN. If those steps are not successful, then a demand letter can be file with USCIS indicating that a federal action will be filed if not adjudication is received within 30 days. At that point you will have a better chance to file a successful federal action.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship. Feel free to contact our office at 954-306-6921 for a consultation with an attorney.
If 120 days have elapsed since your interview and USCIS has not adjudicated your application for naturalization then you have the right to file an action in U.S. District Court requesting the Court to complete the adjudication of your application. This is differnet from a mandamus action to compel adjudication by USCIS. Whether it is wise to commence litigation in any matter, however, depends on the specific facts of your case. Timing is only one consideration.
It is unfortunate that your attorney as "disappeared." Nonetheless, you should consult with an immigration attorney who has experience in federal court litigation (this will be a limited subset of immigration attorneys). From speaking with you, the attorney should get a good idea of why your application has not been adjudicated and advise you whether it is advisable to bring suit to take other action.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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