Legal Question in Immigration Law in New York

Re: Background check during naturalization process

While it is true that FBI is subject to no specific time periods on doing background checks, USCIS (who orders the checks) is.

If you did have had an interview with USCIS, the law requires that USCIS take action on your naturalization petition within 120 days. If it fails to do so, as it did with thousands of petitions, petitioners may sue in a federal court. The judge may then either order USCIS to complete the checks within a certain period of time or even perform the naturalization himself/herself. Not an easy process, given that this is federal litigation against the government, but it has been done plenty of times by those who really can't wait longer for their U.S. citizenship. Feel free to call our offices if you wish to consider this option.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Background check during naturalization process

The FBI conducts the background checks. There appears to be no time frame by which the FBI is required to complete the process. However, if you have been waiting an unreasonably long time, you should consider filing a mandamus petition in a federal district court.

Best wishes!