What Does It Mean When My Citizenship Case Is Pending Review? | Newark Immigration Lawyer

What Does It Mean When My Citizenship Case Is Pending Review? | Newark Immigration Lawyer


Within a naturalization context, it is not
uncommon for an examiner to sometimes inform an applicant that a decision cannot be rendered
that day or the file is pending review. This can happen even if the applicant has technically
passed the English and civics portion of the examination. Unfortunately this can occur
if the officer is not yet ready to grant final approval on the case. This can be for a number
of reasons, sometimes for reasons beyond the applicant’s control and sometimes, because
the officer needs more information or more documentation from the applicant. For example,
a case may be put on administrative hold because the applicant’s fingerprints may not have
cleared yet. Other times, a background check may not be complete. Sometimes an officer
hasn’t had a chance to review the applicant’s green card file and may want to go through
it thoroughly before making a decision on the naturalization petition. As mentioned
before, sometimes a decision can not be made because the officer requires more information
from the applicant. For instance, if you have been arrested and not furnished the certified
disposition of your case, the officer may postpone a decision until you have provided
the documentation. There is no official set number of days that an officer must take before
having to make a decision. It is not uncommon for months to go by before back from USCIS.
Of course, everything should be within reason. If, for example, the review has nothing to
do with your end, the applicant needs to give the officer a fair amount of time to review
the file or hear back from whatever agency he or she needs to hear back from. On the
other hand, if you are requested to provide documentation or information, the officer
cannot continue the review process unless or until you have first complied with the
request and submitted whatever was requested. Sometimes, these situations are not always
so clear: if an officer is requesting something that is either inappropriate or not relevant
to the decision making process, an attorney may be able to address the request. Other
times, an individual may have applied for naturalization without realizing the implications
of doing so and unknowingly raised an issue that could jeopardize status. For these reasons,
it makes sense to consult with an experienced naturalization attorney familiar with citizenship
eligibility requirements and all the potential minefields that accompany such an application.
If you are seeking legal advice in New jersey, consider the law firm of Lee and Garasia.

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