Delays in Adjudication (Mandamus)
In processing green card and citizenship applications, USCIS performs background security checks on all applicants, including an FBI name check, FBI fingerprint check, and Interagency Border Inspection Services (IBIS) check. The FBI name check, in particular, often results in lengthy delays in adjudication for many green card and citizenship applications. Individuals who feel they are unjustly deprived of the benefit they are seeking may file a mandamus action in federal court to compel the government to render a decision on their pending application.
In February 2008, USCIS issued an internal memo requiring the approval of green card applications that have been pending for more than 180 days if the only obstacle to approval is the FBI name check. If, after issuing the green card, USCIS receives adverse FBI name check results, it may initiate rescission or removal proceedings against the applicant. The USCIS memo does not apply to citizenship applications.
