Oath Ceremony Cancelled? How to Force USCIS to Decide Your Citizenship Case in 2026
By Joshua L. Goldstein, Immigration Attorney
Goldstein Immigration Lawyers – Helping Immigrants Nationwide
Disclaimer: At this moment, we are not able to file for benefits for individuals from countries
impacted by the travel ban that went into full effect on June 9, 2025, unless they have already
completed their naturalization interview and meet the 120-day statutory requirement.
Stuck After Your Interview?
Thousands of naturalization applicants are facing a sudden, heartbreaking wall. You passed your interview, you were recommended for approval, and you were waiting for your Oath Ceremony, the final step to becoming a U.S. citizen.
Then, on January 1, 2026, everything changed. Under Policy Memorandum PM-602-0194, USCIS placed an "adjudicative hold" on cases for nationals or individuals born in 39 "high-risk" countries.
If your Oath Ceremony was cancelled or your final approval is frozen indefinitely, there is aspecific legal remedy to break the deadlock: the Petition for a Hearing on Naturalization (8 U.S.C. § 1447(b)).
What Is a Section 1447(b) Petition?
Unlike a standard Writ of Mandamus, which asks a Court to force the government to do its job, a 1447(b) Petition is a specialized federal lawsuit for citizenship applicants.
Under federal law, USCIS has exactly 120 days from the date of your interview to grant or deny your application. If they fail to act within that window:
- The Court Takes Control: You can ask a Federal District Court Judge to take jurisdiction over your case.
- A Final Decision: The judge can either decide your application themselves and grant you citizenship in Court, or order USCIS to finish your case.
Can You File for Naturalization Delays?
In many situations, yes, but timing and the stage of your case are critical.
If you have already had your interview and more than 120 days have passed, a 1447(b) petition is often the most effective way to bypass the "security review" freeze.
Common situations where we can help:
- You passed your interview but received a notice that your Oath Ceremony was cancelled.
- Your case is in "adjudicative hold" due to your country of birth or nationality.
- USCIS claims they are waiting for a "comprehensive security review" that has no end date.
When You Can’t File (Yet): If you have not yet had your N-400 interview, the 120-day clock
has not started. In those cases, we may look at a Writ of Mandamus once the delay becomes
"unreasonable," though these are currently more difficult for countries listed in the 2026 freeze.
Understanding the Adjudicative Hold
The January 1, 2026, USCIS Policy Memorandum created a "Freeze" for applicants from 39
countries.
- The Pause: USCIS can process your case (issue RFEs) but cannot give final approval.
- The Target: This applies to anyone born in or holding citizenship from the 39 listed countries, including those who entered the U.S. many years ago.
- The Impact: This has led to the mass cancellation of Oath Ceremonies nationwide.
Why Litigation Works: The government cannot use an administrative memo to override a
Congressional statute. If the law says 120 days, the government must comply or answer to a
federal judge.
Why Fighting for Your Oath Ceremony Matters
Becoming a U.S. citizen means permanent protection. Unlike green card holders, citizens do not have to live with the same travel risks or fear that changes in immigration policy could affect their status.
But beyond the legal benefits, many clients describe something deeper: peace of mind.
After 11 years in the United States, one of our clients said the moment she was sworn in was “indescribable.” She became the first in her family to become a U.S. citizen, and finally felt secure in the life she had built.
If your Oath Ceremony has been cancelled or placed on hold, this is what you are fighting for.
How Goldstein Immigration Lawyers Can Help
Our firm has extensive experience using federal litigation to fight unreasonable immigration
delays. When you work with us, we will:
- Calculate Your Clock: Verify if the 120-day post-interview window has closed.
- Assess Eligibility: Ensure your case is not subject to one of the few exceptions that
could stall a lawsuit. - File in Federal Court: Take your case out of the hands of USCIS and put it before a
judge. - Push for the Oath: Our goal is to move you from a "cancelled" status to a scheduled
Oath Ceremony.
Take Action Before More Time Is Lost
If your dream of citizenship is being held hostage by a policy memo, you don't have to wait for the "hold" to be lifted.
Our team at Goldstein Immigration Lawyers will evaluate your case, verify the status, and pursue every possible path to get results.
Call (213) 262-2000
Visit www.jgoldlaw.com
Offices in Los Angeles, CA
Your future shouldn’t depend on government silence — we can help you fight back.
Frequently Asked Questions (FAQs)
If your Oath Ceremony was cancelled, it usually means USCIS has paused final approval of your naturalization case. In some situations, this may be due to additional background or security review. However, if more than 120 days have passed since your naturalization interview, you may have legal options available.
Posted in: Blog, Citizenship