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USCIS
Announces Elimination of Naturalization Backlog
Posted
Sep 22, 2006
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The U.S. Citizenship and Immigration Services (USCIS) announced on September
15, 2006, that the naturalization application backlog has been eliminated.
This assessment is based on the fact that the current processing time is
less than five months. The USCIS generally only considers a processing time
that is beyond six months to be a backlog. In order to reach this goal, the
USCIS had to adjudicate over 340,000 backlogged citizenship cases.
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Cases Within USCIS Control
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The USCIS only counts cases determined to be within their control when
evaluating whether their backlog reduction goals have been met. This
includes cases that are ready to be adjudicated and are simply awaiting
USCIS action. Excluded from this count are cases deemed to be outside of
USCIS control. Thus, there are still naturalization cases that are beyond
the six-month processing time goal, as some MurthyDotCom and MurthyBulletin
readers know from personal experience.
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Cases Outside of USCIS Control
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Examples of cases that the USCIS considers outside its control, which are
not subject to the expedited processing within the six-month timeframe, are
the following.
a) A case is
delayed because the applicant needs to retake the naturalization test.
We remind anyone who may be trying to naturalize that s/he should review
and study for the government / civics test that is part of the
naturalization process.
b) The applicant in a case has not yet responded to a request for
evidence. These can be issued at the interview, if there is additional
information / documentation required before a final decision can be
made. One should carefully review the interview notice, to be sure that
s/he brings the required documentation to the interview. One may wish to
consult with an attorney to learn the types of documentation that
might be requested in a particular case.
c) A case has a pending law enforcement security check or one is
awaiting a scheduled judicial ceremony for swearing in.
We know that there are
many cases that fit within the security-check category. If a case is pending
for more than 120 days following the interview, it may be possible to file a
writ of mandamus against the government to try to
compel a decision. It is more likely, however, that the interview will wait until the security check is completed,
under current USCIS procedures ,in order to avoid the possibility of a mandamus action. This policy was
covered in our May 19, 2006 MurthyBulletin article,
USCIS Delays Certain
Naturalization Interviews, available on MurthyDotCom. [Sample
questions to practice for the citizenship test are available on
MurthyDotCom, as well.]
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Conclusion
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While there still are problems with security delays, the overall USCIS
effort to reduce the naturalization backlog is commendable. Those who seek
to naturalize often do so in order to bring their relatives to the U.S., or
to have the ability to vote in an election year and participate in the
U.S. political process. Faster processing times for naturalization cases
will aid in accomplishing family unity and instill in applicants the feeling
of pride in their new country as they partake in the political process. New
citizens are also able to avail themselves of many other privileges of
citizenship, including increased travel flexibility and the ability to
transmit U.S. citizenship to minor children who may fulfill certain
criteria. More on the benefits of citizenship can be found in our February
8, 2002 MurthyBulletin article,
Benefits of Becoming a
U.S. Citizen, also available on MurthyDotCom.
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