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A federal court action may be brought to compel the Immigration Service to expedite naturalization applications delayed by background checks. Federal Courts have recently held that once the Immigration Service has scheduled a naturalization hearing, within 120 days of the naturalization interview, the Immigration service must decide the case. The Court reasoned that the Immigration would have no excuse to defer a decision for more than 120 days after the exam. A recent class action brought by the National Immigration Law Center and The American Civil Liberties Union in California against the Immigration Service has been filed for four naturalization applicants who have had to wait more than one year because the F.B.I. had not completed their background checks. This case is different from those cases where petitioners have already had their naturalization exam. This case applies to petitioners who have not yet had their exam. .If you need help or advise, call us at 212-944-9420.

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