Question 1

01. I passed my interview months ago and USCIS still hasn't decided. Can I really sue over this?

Accepted Answer

Yes. Under 8 U.S.C. § 1447(b), once USCIS has interviewed you on your N-400, it has 120 days to grant or deny your application. If that deadline passed with no decision, the statute lets you ask the Federal District Court where you live to step in. You are not asking for a favor — you are asking a Court to enforce a deadline Congress wrote.

Question 2

02. Does joining guarantee my application will be approved?

Accepted Answer

No. There are no guarantees of any outcome. The goal is to get a decision on your long delayed application, not to force an approval. USCIS will still review whether you meet all the requirements for naturalization, and the decision could be an approval or a denial.

Question 3

03. USCIS told me my case is "pending background checks." Does that stop the 120-day clock?

Accepted Answer

That is exactly what the Government usually argues — that the examination is not complete, so the clock never started. Our position is that your interview triggered the 120-day period and the court has authority to resolve the delay. Courts have gone both ways on versions of this question, which is why it belongs in front of a judge rather than in a phone call with the Contact Center.

Question 4

04. How long will the case take?

Accepted Answer

There is no set timeline. Once the lawsuit is filed, the Government is served and typically has up to 60 days to respond. Many delays resolve because USCIS issues a decision rather than through full litigation, but the timing depends entirely on the court and the Government. Nobody can predict or control it, and you should be skeptical of anyone who says otherwise.

Question 5

05. What if I don't live in one of those seven counties?

Accepted Answer

Then you cannot join this particular lawsuit — it has to be filed in the district where you live. The 120-day rule is Federal law and applies everywhere, so the same claim can be brought in your own district. Call us and we will tell you honestly whether we can help. One more thing worth knowing before you join: the delayed applicant is named as a Plaintiff, and Federal Court filings are public records.

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We’re Suing USCIS Again — Join the Naturalization Delay Lawsuit Before September 18

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