Naturalization Appeals | Scott Mossman, Immigration Attorney/Lawyer

The Law Office of
Scott A. Mossman

The Law Office of
Scott A. Mossman 1611 Telegraph Ave
Suite 1100
Oakland CA 94612

Tel: (510) 835-1115
Fax: (510) 835-1116

U.S. Naturalization Appeals and Challenges

Applicants for naturalization to United States citizenship receive more rights to appeal than most other applicants for immigration benefits. This is in recognition of the importance of U.S. citizenship. I can help you protect these valuable rights if your naturalization application is delayed or denied.

If a naturalization application is denied, the applicant may obtain a new administrative hearing on the application by filing a Form N-336. At this hearing, a different officer, usually with more experience, will review the application. The officer may accept new evidence and may conduct a new interview or may use a less formal hearing procedure. The hearing is supposed to occur within six months of filing the N-336.

If still unsuccessful, a naturalization applicant has the right to full review of the naturalization application in the local federal district court. See INA § 310(c). Significantly, the law provides that this review is not limited by deference to the decision of USCIS regarding questions of law, fact, or discretion.

Aside from the right to appeal, a naturalization applicant also has the right to processing without unreasonable delay. If USCIS delays making a decision on the application for more than 120 days after the initial examination (interview), the applicant can obtain judicial intervention. The federal district court may decide the application or order USCIS to make a decision. See INA § 336(b)

If the delay occurs before the naturalization examination, then the applicant may file a different type of lawsuit against USCIS. This type of case is known as an action for mandamus (alternatively referred to as a petition for a writ of mandamus). An action for mandamus alleges unreasonable delay by the government in performing a duty required by law. Note that this type of action does not require the government to reach a particular result, but only to make a decision.

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Scott Mossman's practice is limited to federal immigration law, with an emphasis on removal (deportation) defense, appeals, and federal court litigation. In removal cases, he only represents persons within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington) and usually only if the hearing will occur, or has occurred, in the San Francisco Immigration Court. That Court has jurisdiction over San Francisco, Oakland, San Jose, Sacramento, and the rest of Northern California from Redding to Bakersfield. Scott Mossman represents persons on appeal to the BIA and Administrative Appeals Office (AAO) in USCIS petition and waiver cases arising throughout the world.

Scott Mossman is a licensed attorney and active member of the State Bar of California.