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What I can do if after 5 months I successfully pass the N400 Naturalization interview they haven't scheduled an oath ceremony?

Orlando, FL |

The interview was in Orlando on March 25th 2013. I have never had a criminal case. Thank you

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Attorney answers 7


You may follow-up diplomatically with the USCIS, or if that has been unfruitful, you may seek redress in the US District Court.


Follow up with USCIS. If that does not work a mandamus can be filed. You can find USCIS contact information by visiting

Good luck.

The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely based on information contained herein. Answers can only be general, as specific responses can only be provided with full knowledge of case facts.


You should follow up with USCIS.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Hello. The Immigration and Nationality Act provides that if USCIS does not make a decision on a N-400 within 120 days (4 months) of the interview, then the applicant may seek a review of the application by filing a petition with the Federal Court. I regularly file such suits after evaluating the applicants case and if I feel that it is appropriate to do so. Regards.


Since your case has been pending in excess of 120 days you have the right to file suit in U.S. District Court and request the Court to adjudicate your application. Whether this or any other action is a wise thing to do will depend on the specific facts of your case. Consult with an experienced immigration attorney who can review your case with you to look for any factors which may be causing the delay and what actions can be taken to resolve then,

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. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


You may pursue in Federal Court, however, you are better served by first making inquiry to CIS. Try an infopass appointment to request an update.

Robert Brown LLC
4767 New Broad Street
Orlando, Florida 32814


As my colleagues stated, after 4 months in pending status, you may file a suit in federal court (a mandamus action) in order to force the government to act on your N-400. This is expensive due to the associated attorney´s fees, so I strongly suggest you first make an Infopass appointment at the USCIS where your interview was held to see if you can obtain more information and perhaps move things along. Best regards.

Please note, the above answer is for general informational purposes only. We are a full-service immigration and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq.,, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.

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