Section 336 of the INA

[Ontarkie 14,214]

Has anyone been involved with Section 336 of the INA when USCIS has failed to make a decision within the statutory 120 days?

[Kimbear 53]

I can't find anything regarding not making a decision. All i come up with is how to file a request for review of the denial. and an old case from 2008 where it looks like the uscis was forced to re-review the case.

[Kimbear 53]

ok found a 2010 thread where the person did not get an answer after teh 120days over at another site.

but for some reason i can't put the link here? it says "removed"..odd

the only thing it says is you have the right to file "1447b in a us district court" and that the court will decide for uscis. here is another link i found http://www.law.corne...ode/text/8/1447.

Request for hearing before district court If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.

if you do a search for 8 usc 1447b youll find a ton of info on various law sites.

Edited March 16, 2012 by Kimbear

[Ontarkie 14,214]

I know this is a bit of an advanced topic, but is there not anyone checking this forum that has had personal experience with this route to citizenship?

[JimVaPhuong 4,863]

I know this is a bit of an advanced topic, but is there not anyone checking this forum that has had personal experience with this route to citizenship?

I doubt there are very many VJ members who've had to go this route. A suit filed in a US district court of appeals is not a trivial matter. VJ is probably not a good place to seek advice, unless the advice is to get a very good lawyer.

What was the reason for the denial of the citizenship application?

[NickD 202]

I doubt there are very many VJ members who've had to go this route. A suit filed in a US district court of appeals is not a trivial matter. VJ is probably not a good place to seek advice, unless the advice is to get a very good lawyer.

What was the reason for the denial of the citizenship application?

Denial? How about USCIS words like misplaced or a miscommunication? RFE's always puts your stack under the pile, one reason to be over cautious in this respect. I sure wouldn't want to bite the hands that feeds, or rather determines the future of your family. Known friend to wait anywhere from 5 to 15 months due to an RFE, but eventually received their certificate. I just called my senators office with these kind of delays. Another guy on this site waited 8 months as I recall, due to having a dual alien number for some strange reason.

I did contact my immigration attorney, he said nothing he can do, call my senators office. Each state has two of them, find your senator, then go to each website to learn which one has a immigration specialist. Congressman are next to worthless, one year in Washington, second year running for reelection.

[Ontarkie 14,214]

I appreciate the responses thus far, but my question was posed to any individual who USCIS did not make a decision within 120 days of the interview and that they chose to excercise their right under Section 336 INA. Granted Section 336 is used when an application for citizenship has been denied. It is, however, also used to get results when an application has stalled (i.e. USCIS has taken more than 120 days to make a decision). This is printed on the form you get following your interview.

[Harpa Timsah 13,258]

Perhaps you're after a writ of mandamus?