PHAM & CLOVES, PLLC

DELAYED NATURALIZATION LITIGATION UPDATE

        Section 1447(b) of the INA, 8 U.S.C. Section 1447(b), allows the naturalization applicant to file petitions with the U.S. District Courts to adjudicate or ask the court to remand the case to USCIS to adjudicate their naturalization application if the USCIS has not make a decision after 120 days after the naturalization application interview.  In the past, the USCIS in Texas has continued to make decisions on the application, including denying the application after a Petition or Review has been filed with the District Courts; and subsequently, claiming that the issue is “moot” because a decision has been made.

        Although most U.S. Circuit Court of Appeals have determined that the authorization to adjudicate the naturalization application or to remand to the USCIS once the Petition for Review has been filed is in the exclusive control of the U.S. District Courts, the 5th Circuit Courts of Appeals, who have jurisdiction over Texas, has not come to this conclusion.  As such, several U.S. District Courts in the 5th circuit have recently determined that the jurisdiction falls exclusively on the U.S. District Courts once the applicant had filed a Petition with the court, barring the USCIS to makes a decision and deny the naturalization application file the Petition is pending.  The U.S. District Courts in the 5th Circuit, without any guidance by the 5th Circuit Court of Appeals, relied on other Circuit Courts’ decisions across the country. 

        Conclusively, the USCIS has the obligation to make a decision on your naturalization application within 120 days from the date of interview.  If the USCIS failed to make a decision, for whatever reason including waiting for FBI background checks or additional evidence, you have the right to petition for the U.S. District Court to review your naturalization application.  Once the Petition has been filed, the USCIS does not have jurisdiction over the matter.  If the USCIS makes a positive decision, granting your application, you can always “non-suit” and withdraw your petition with the U.S. District Court.  However, if the USCIS makes an adverse decision, you can file a summary motion, asking the court to determine that the USCIS’ denial is an error, as a matter of law. 

        If you or your relative currently has a pending naturalization application in Texas that are 120 days or more, please contact the Houston Naturalization Lawyers and the Houston Naturalization Application Attorneys at Veritas Legal Group, P.C. for assistance.  Our Texas Naturalization Lawyers will assist you in preparing and filing a Petition for Review in a U.S. District Court to adjudicate your naturalization application.  Although our office is located in Houston, Texas, we can assist you with cases all over Texas, including Austin, San Antonio, Dallas, Corpus Christy, and across the country.  Our Houston Naturalization Attorneys and our Houston Immigration Lawyers can be reached at 713-492-0337 or you can contact our attorneys via our online contact form.