Unreasonable Delay for Citizenship in Phoenix

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The road to getting United States citizenship is complicated. Dealing with obstacles along the way can be frustrating, especially if they appear to be unreasonable. The United States Citizenship and Immigration Services (USCIS) may take months or even years to act on an application.

While some holdups are minor and do not require action, unreasonable delay for citizenship in Phoenix may warrant legal assistance. If you do not understand why the citizenship process is taking so long, explore the reasons behind the delay and address them promptly with the help of a naturalization and citizenship attorney.

Reasons for Delays in the Citizenship Process

Understanding the main cause of a delay is key to developing an action plan. Some of the common reasons for citizenship delay include:

  • Backlogs at the Phoenix office
  • Administrative processing delays caused by complex immigration histories or discrepancies in records
  • Errors or mismanagement by USCIS in the form of misplaced documents, incorrect case updates, or data entry mistakes
  • Requests for evidence (RFEs)
  • Technical issues, such as problems with USCIS’s online case status system or case transfer issues between service centers and the Phoenix field office

An applicant in Phoenix can also face unreasonable delays for citizenship status when USCIS fails to provide timely updates. In such cases, immigrants could benefit from working with a skilled immigration attorney who could identify the reasons for a delay.

Options for Handling Citizenship Delays

The first step in handling an unreasonable delay for citizenship documents in Phoenix is to check the USCIS website and any correspondence related to the case. In some situations, applicants miss requests for additional documents, causing delays.

The next step is to file an “Outside Normal Processing Time” request on the USCIS website. If USCIS does not respond to this request within a reasonable amount of time, the applicant should contact an immigration attorney. After reviewing the case, they could take several further steps, including the following:

Filing a Writ of Mandamus

This legal action asks a federal court to order USCIS to process the citizenship application. Once the lawsuit is filed, USCIS must respond to the court and explain the delay.

In many cases, the government chooses to resolve an application rather than continue a legal battle. If USCIS fails to act within the agreed timeframe, they must answer to a judge.

It should be noted that this action does not guarantee that the delayed citizenship application will be approved.

Using Section 1447(b) Lawsuit

An attorney could also address delays by filing a lawsuit under Section 1447(b) of the Immigration Act. This is possible if more than 120 days have passed since the citizenship interview. Unlike the writ of mandamus, this does not require proving the delay is unreasonable. Filing this type of lawsuit often prompts USCIS to issue a decision quickly.

Talk to a Phoenix Attorney about an Unreasonable Delay for Your Citizenship

If you are dealing with an unreasonable delay for citizenship in Phoenix, do not wait for the issue to resolve itself. In many cases, applicants must go the extra mile to complete the citizenship process.

At New Frontier Immigration Law, we have decades of experience helping people with their legal status in the United States. Call us today to discuss your situation.