Paging Steve Houston

[sony55]

How to get the 120 law from the USCIS website?

Steve,
Where is that piece of law you once sent it to me regarding the time limit of 120 days to take a decision on a naturalization case? Please i need it as i am challenging that lawyer , look what he answered me after I told him about the piece Publicus thankfully posted :
http://immigration-information.com/forums/showthread.php?t=6210
Please scroll down to see his reply.
Thanks steve and others!

 

[usasf99]

INA Section 336(b), 8 U.S.C. § 1447(b), specifically provides for judicial review for a stalled naturalization petition in these circumstances. It states as follows:



If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.



In short, the statute says that if more than 120 days have passed since the naturalization interview, the applicant can seek judicial relief. The judicial relief can come in two forms:



1) An adjudication of the naturalization application in court and by the court, or



2) A remand to CIS for immediate adjudication.



Which form of relief you choose to seek is a strategy decision that will depend on a number of factors, such as the merits of the case, the attitude of the local office, and the federal judge hearing the case. In many cases, however, you will likely want to ask the court to decide the application, rather than submit to the delays associated with further agency proceedings.


BCIS web site has the entire code and you can show your attorney sec 336.

 

[sony55]

INA Section 336(b), 8 U.S.C. § 1447(b), specifically provides for judicial review for a stalled naturalization petition in these circumstances. It states as follows:



If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.
Thank you so much usasf99! That's exactly what i was looking for! by the way, any new developments in your case?



In short, the statute says that if more than 120 days have passed since the naturalization interview, the applicant can seek judicial relief. The judicial relief can come in two forms:



1) An adjudication of the naturalization application in court and by the court, or



2) A remand to CIS for immediate adjudication.



Which form of relief you choose to seek is a strategy decision that will depend on a number of factors, such as the merits of the case, the attitude of the local office, and the federal judge hearing the case. In many cases, however, you will likely want to ask the court to decide the application, rather than submit to the delays associated with further agency proceedings.


BCIS web site has the entire code and you can show your attorney sec 336.

 

[sony55]

INA Section 336(b), 8 U.S.C. § 1447(b), specifically provides for judicial review for a stalled naturalization petition in these circumstances. It states as follows:



If there is a failure to make a determination under [INA] § 335 [8 U.S.C. § 1446] before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States District Court for the District in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions to the Service to determine the matter.



In short, the statute says that if more than 120 days have passed since the naturalization interview, the applicant can seek judicial relief. The judicial relief can come in two forms:



1) An adjudication of the naturalization application in court and by the court, or



2) A remand to CIS for immediate adjudication.



Which form of relief you choose to seek is a strategy decision that will depend on a number of factors, such as the merits of the case, the attitude of the local office, and the federal judge hearing the case. In many cases, however, you will likely want to ask the court to decide the application, rather than submit to the delays associated with further agency proceedings.


BCIS web site has the entire code and you can show your attorney sec 336.

How do u guys search the INS website and come up with this? can somebody summarize the steps? Because if you post the link, most of the time i get the result of internal server error.
Thank you,