N-400 · 120 days after your interview
You had your citizenship interview MONTHS AGO
Still no decision?
When USCIS doesn't decide within 120 days of your interview, federal law lets you ask a federal judge to step in.
100% virtual. By phone or Google Meet, in English or Spanish.
Does this sound like you?
You filed your N-400 and already attended your naturalization interview
More than 120 days have passed since that interview
You haven't received an approval or a denial
Your calls and inquiries to USCIS haven't moved your case
You did everything right. You may have an option to stop waiting.
What is a 1447(b) lawsuit?
The law gives USCIS 120 days to decide
Once USCIS interviews you on your N-400, the law gives it 120 days to grant or deny your application. When that deadline passes with no decision, you can file a lawsuit in the federal court where you live. The lawsuit asks the judge to take jurisdiction over your application and either decide it directly or order USCIS to make a decision within a set time.
Day 0
You attend your naturalization interview
Day 120
The deadline for USCIS to grant or deny your application
Day 121+
You can ask a federal judge to step in under 8 U.S.C. § 1447(b)
Is this right for you?
Who this is for, and who it isn’t
This may be for you if
- You have a pending N-400
- You already had your interview
- More than 120 days have passed with no decision
This is NOT the right option if
- You haven't had your interview yet. Your case may qualify for a mandamus lawsuit instead →
- It hasn't been 120 days since your interview yet
- You already received a decision on your N-400
- You are currently in removal (deportation) proceedings
What to expect
How the process works, step by step
Immigration Strategy Session
One of our attorneys reviews your situation, explains your options, and recommends a plan of action for your case.
We prepare and file
We prepare and file your lawsuit in federal court.
The government responds
The government is formally notified and typically has up to 60 days to respond.
Resolution
In many cases USCIS acts on the application once the lawsuit is filed. When the court steps in, the most common outcome is that it sends the case back to USCIS with instructions to decide within a set period.
Every case is different, and timelines depend on the court and the government's response.
Why choose Goldstein Immigration Lawyers
A team that files these lawsuits every week
100+Federal delay lawsuits filed every yearFigures reflect lawsuits filed by the firm. They are not a measure of results.
We know what the government argues
The government often claims your examination isn't "complete" because background checks or additional review are pending, so the 120-day clock hasn't started. We've seen these arguments and know how to respond to them.
Fully virtual
Everything by phone or Google Meet, in English or Spanish, from anywhere in the U.S.
You're not left waiting in silence again
You'll know where your case stands at each step.
Honest expectations
A decision, not a forced approval
This lawsuit is about getting a decision, not forcing an approval. USCIS will still review whether you meet all the requirements for naturalization, and the decision can be an approval or a denial. What it does is end the waiting.
Book an Immigration Strategy Session
Every Immigration Strategy Session is held with one of our attorneys, who will review your situation, explain your options, and recommend a plan of action for your case.
Past results do not guarantee a similar outcome. Every case is different.