koko8 said:Hi, i have been following the Senate in debating the Bill 2611 and one of section states that they will amend particularly in Section 336(b) (8 U.S.C 1447(b) to be amended as follows:-
Request for hearing before disctirct court:-
Wherein if there is a failure to render a final administrative decision under Section 335 before the end of 180 days period begining on the date on which the Secretary of Homeland Security completes all examnination and interviews required under such section, the applicant may apply to the district court for the district in which the applicants resides for a hearing on the matter. Such district court shall only have jurisdiction to review the basis for delay and remand the matter, with appropriate instructions to the Secretary for the Secretary's determination on the application.
Note:-
The current legislation provides an avenue for the applicant to determine their matter in the district court but with the changes, applicant could only get thier matter heard in court on why they delay the matter but however, the judge are not allow to determine the case but to send back the case to USCIS. And this amendments shall take effect on the date of the enactment of this Act.
I hope anybody can correct me if my interpretation is right or are willing to share their views regarding this amendment and how it affect those who are still waiting for their naturalization application to be adjudicated due to name check problem.
Thanks
If it passes, I don't think there will be a change in the outcome. Very few applicants, if any, have been naturalized by the judge in a 1447b case. Cases that have made it to trial have been remanded to USCIS with instructions to make a determination within xx number of days.
The wording of this law will not hurt applicants who face delays except that they have to wait an extra 60 days. In the law, 8 USC 1446 and relevant CFRs, examination refers to the interview. The current law allows a second examination, but the law also states that it must be done within 120 days of the first examination.
So an applicant will be able to file a petition within 180 days of their interview under the condition that USCIS does not call them back within 120 days, or they can petition 180 days after USCIS holds the second interview/examination.
Regarding the namecheck, several cases have distinguished between examination and investigation. The courts have repeatedly ruled that the namecheck is not part of the examination. This bill does not mention investigation.