Make Sufficient Inquiries with Citizenship & Immigration Services (CIS)
Many individuals apply for naturalization and then wait several months, if not years, for a decision from Citizenship & Immigration Services (CIS). Federal law provides that CIS must adjudicate the naturalization application within 120 days of the date of the interview. If more than a couple of months have passed since the naturalization interview, follow the steps outlined by CIS on their website at www.uscis.gov to check on status.
Consult an Immigration Attorney with Experience filing Petitions for Hearing on Naturalization
Many immigration attorneys are not familiar with the process and procedure of filing a petition in federal district court. Consult an attorney who is not only familiar with federal district court procedures, but who is also experienced with filing Petitions for Hearing on Naturalization.
File a Petition for Hearing on Naturalization
Once you have been waiting longer than 120 days since the date of the naturalization interview, you may file a Petition for Hearing on Naturalization with the federal district court. This Petition is different from a Petition for Writ of Mandamus and is much more advantageous. While a Writ of Mandamus only forces the CIS to take action on an application, a Petition for Hearing on Naturalization actually grants the federal district court judge jurisdiction to adjudicate the naturalization petition. Also, CIS cannot deny the naturalization petition while the court process is pending.
Ask the Court for Fees
If your Petition is successful, you are entitled to request that the government pay your attorney's fees and court fees. This is done by filing a request for fees under the Equal Access to Justice Act.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.