Naturalization applications with an arrest or conviction in the background often move slowly. USCIS may request certified court records, schedule additional review or hold the file. Federal law gives applicants two different tools, depending on whether the interview has already taken place.
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After the interview: section 1447(b)
Section 336(b) of the INA, 8 U.S.C. § 1447(b), provides that if USCIS does not make a determination before the end of the 120-day period after the date of the examination, the applicant may apply to the United States district court for the district where he or she resides. The court may decide the matter itself or remand it to USCIS with instructions. The 120-day clock runs from the examination, which courts generally treat as the interview. 120 days after your naturalization interview explains the procedure in more detail.
Before the interview: mandamus and the APA
When the application has not reached the interview stage, section 1447(b) does not apply. The usual route is a suit under the Mandamus Act and the Administrative Procedure Act, arguing that the delay is unreasonable. See how to file a writ of mandamus in federal court and why N-400 applications stall.
The arrest record changes the risk
Federal court can force a decision. It cannot force approval. Before suing, an applicant with a record should ask whether the decision is likely to be favorable:
- Good moral character is required for the statutory period. Some convictions are permanent bars, such as an aggravated felony conviction on or after November 29, 1990; others bar naturalization only if they fall within the period. The USCIS Policy Manual chapter on permanent bars sets out the rules.
- Removable applicants face a further risk: an application or a lawsuit can bring the file to the attention of officers who may refer the person for removal proceedings.
- Since September 2026, an aggravated felony conviction also has new consequences under Matter of A-V-O-, though that decision concerns admission as an immigrant rather than naturalization itself.
If USCIS denies
A denial can be challenged administratively with a request for a hearing on Form N-336, and then in federal district court under section 310(c) of the INA, where review is de novo. Section 1421(c) review after an N-400 denial explains that stage. A case study involving a felony conviction and a stalled citizenship file shows how delay litigation and the merits interact.
Practical checklist
- Collect certified dispositions for every arrest, including dismissed cases.
- Check the Form N-400 page and current instructions before filing.
- Read good moral character explained and our 2026 update on naturalization with a criminal record.
- Calculate the 120-day period from the interview date shown on the interview notice and results.
- Decide with counsel whether a lawsuit is likely to help or to accelerate a denial.
Where to file
A section 1447(b) application is filed in the federal district court for the district where the applicant lives. In New York that means the Southern, Eastern, Northern or Western District, depending on the county; New Jersey has a single District of New Jersey. The court can decide the application itself or send it back to USCIS with instructions and a deadline.
Related Guides on This Site
See also What Happens If My Mandamus is Denied. See also 8 Cfr Regulations and Immigration Delays When to Use Mandamus to Fight Back. See also The Arrest to Deportation Pipeline Why Mandamus May Be the Only Escape.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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