MLFA V. GOVERNMENT’S 22-YEAR CITIZENSHIP DELAY

MLFA’s client applied for naturalization over 20 years ago.  This same application is still pending at USCIS (formerly INS).  The Service has interviewed this client four times, and the FBI has conducted multiple interviews to identify national security issues.  In 2022, MLFA attorneys entered notices of appearance for this client’s naturalization application and green card renewal after reviewing his FOIA documents, which revealed USCIS was processing his applications under CARRP.  The government’s concerns revolve around guilt-by-association and purported national security concerns related to cultural and social organizations in which our client was involved. 

In response to MLFA’s administrative advocacy, USCIS “reopened” this client’s N-400 application, which it administratively closed for 12 years without notice.  The Service then conducted a fourth naturalization interview in September 2023, where MLFA’s attorneys provided copious updates to his application and legal arguments supporting a favorable resolution.  Although the USCIS officer strongly indicated the Service would issue a quick decision approving the naturalization application, it remains pending as of November 2023.  MLFA is now preparing for federal court litigation under 8 USC § 1447(b) based on USCIS’s continued delay on this application.

Verdict/Ruling:

This client’s long-pending citizenship application remains pending, but USCIS approved the renewal of this client’s permanent resident card in 2022.

Impact:

USCIS responded to MLFA’s administrative advocacy challenging the more than 20-year CARRP delay by scheduling another in-person interview and indicating its intention to approve the application.  MLFA was also able to resolve this client’s green card renewal application in two months after it had been pending at USCIS for almost two years.