At times, a naturalization case can be reviewed by a federal court when denied or not timely completed by USCIS. Generally speaking, filing in federal court is an extraordinary step taken in rare cases, but at times can be a necessary step to ensuring that the law is correctly followed. 

In most circumstances, USCIS has 120 days to either approve or deny a naturalization application following the initial interview. This deadline is written into the statute and must be followed. If a case has been pending for more than 120 days, applicants may file for review by a federal judge. Although doing so can be an extraordinary step in the process, this law was written to ensure that applications are reviewed and decided by USCIS in a timely manner. These types of cases are frequently referred to as "natz delay" or "naturalization delay" cases.

A federal court may also review a denied naturalization case. If USCIS denies an application, it can be reviewed before a federal judge, similar to an appeal.

 

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Kolko & Associates is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, German, and Slovak, and we can arrange for translators in any other language.