A little-known tool helped Jakub* finally gain citizenship after waiting for more than two years for a decision on his naturalization petition.
More than two years ago, Jakub filed an N-400 Citizenship through Naturalization petition with U.S. Citizenship and Immigration Services (USCIS). Once he became a U.S. citizen, Jakub planned to sponsor his wife Mei for a green card. They met after she came to the U.S. from China on an F-1 student visa.
Jakub and Mei came in for a consultation because Mei’s STEM OPT program was nearing an end, and without a green card, she would be forced to return to China alone.
Granted, the backlog of N-400 petitions has grown substantially in the last two years. The processing time for these petitions is fast approaching two years in some areas. But Jakub had been waiting for two years, far more than the eight- to 14.5-month wait time listed for the San Jose field office of USCIS.
Something else was holding up Jakub’s petition. Individuals fitting a particular profile often have their naturalization petitions delayed for additional background and security checks. However, Jakub didn’t fit the typical profile.
Originally from Europe, Jakub is a leader in Silicon Valley. Nothing in his background explained why USCIS flagged his case status as “background check pending.”
Jakub and Mei felt frustrated and stressed. They didn’t want to be separated. Moreover, they didn’t want to risk Mei falling out of status and continuing to pay tuition semester after semester was adding up.
Writ of Mandamus
We prepared a Writ of Mandamus to compel USCIS to make a decision on Jakub’s petition. We were able to resolve the matter with USCIS within weeks without the lawsuit. Shortly, USCIS scheduled Jakub’s citizenship interview.
If you feel like you’ve been subjected to unreasonable delays in getting your immigration matters resolved, please reach out to us. If you feel like this post provided helpful information, please let me know in the comment section below.
* To maintain confidentiality, the name of the client has been changed, and details may have been omitted or slightly altered. Our success in a case does not predict nor guarantee the outcome in your legal matter. The result portrayed above was dependent on the facts of that case. Results will differ based on different facts.