When a naturalization application takes longer than 120 days to adjudicate from the date of the naturalization examination, an applicant is permitted to bring a lawsuit in federal court and a judge can determine the outcome of the application (INA Section 336(b)). Applicants have recently been filing claims under this section of law where they have completed their naturalization interview, more than 120 days have passed since the interview, and where the application is still pending due to a delay with the FBI name check.

The USCIS memo points out that courts have not been approving naturalization applications where all background checks have not been resolved and have only occasionally given the FBI and USCIS deadlines where the delay has been upwards of four years. To prevent further filings under this section, USCIS will now refrain from scheduling naturalization interviews until all background checks, including the FBI name check, are completed. As for 336(b) actions that will be filed or are already pending, USCIS states that it will vigorously defend their position and will remain confident that the courts will not approve applications that have not completed the necessary security checks.

The memorandum notes that this will not eliminate mandamus actions on FBI name check delays, but will act to limit 336(b) filings.