Applicants to the naturalization process must pass two background checks before obtaining citizenship- a fingerprint check that searches government databases for past criminal records, and a name check that compares an applicant’s names to those on the Federal Bureau of Investigation's Universal Index of investigations. Delays at the FBI can cause applicants to wait anywhere from a few months to two years before they pass their background checks. The National Immigrant Justice Center has supported litigation that challenges these unreasonable delays.

Walji v. Gonzales The Fifth Circuit found that permanent residents who have waited more than 120 days since their citizenship interview have a right to federal court review over the reasons for the delay.

Outside Resources:

The American Immigration Law Foundation:

Recent Mandamus Litigation

Natz Delay Litigation