info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Applying for U.S. citizenship is a significant milestone for immigrants in Illinois and nationwide. But what happens when your application is delayed, not because of missing documents or interview issues, but because of prolonged background checks? At Kasturi Law, we regularly assist clients facing this frustrating situation and help them understand their rights, limitations, and next steps.

Hand with a pen checking boxes on a "Background Check" form for criminal, drug, driving, and credit records, relevant to citizenship applications.

Why Do Background Checks Delay Citizenship Applications?

Every applicant undergoes security and background checks as part of the naturalization process.

These include:

  • FBI fingerprint checks.
  • Name checks against law enforcement and intelligence databases.
  • Review of immigration and criminal history.

While many applicants pass these checks within weeks, others are stuck in limbo for months—or even years.

The reasons can vary:

  • Name matches with individuals on watchlists.
  • Incomplete fingerprint records.
  • Prior arrests or charges, even if dismissed.
  • Previous immigration violations or status concerns.
  • Foreign travel to certain countries.

Unfortunately, U.S. Citizenship and Immigration Services (USCIS) does not always provide clear reasons for these delays, leaving applicants uncertain and powerless.

What You Can Do While Waiting

If your application is delayed due to a background check, there are a few steps you can take to stay proactive and protect your status.

They include:

  • Request a Case Status Update

If your case is outside normal processing times, you can contact USCIS directly or submit a case inquiry online. While this doesn’t always speed things up, it helps establish a record of your follow-up efforts.

  • Submit a FOIA Request

A Freedom of Information Act (FOIA) request may reveal if there are any red flags in your immigration or criminal records that could be slowing down your application.

  • Consult with an Immigration Attorney

At Kasturi Law, we can assess your case, contact USCIS on your behalf, and determine whether a legal remedy, such as a writ of mandamus, may be appropriate.

  • Consider Filing a Writ of Mandamus

If you’ve been waiting for an unreasonably long time (often over a year), you may be able to file a mandamus lawsuit in federal court. This legal action compels USCIS to decide on your case, but doesn’t guarantee approval.

What You Can’t Do While Waiting

Understanding what not to do during this waiting period is equally important.

That includes:

  • Don’t refile your N-400 unless advised by an attorney. Doing so will not restart the background check process; it may simply delay it further.
  • Don’t travel abroad without ensuring your travel won’t conflict with continuous residency requirements.
  • Don’t assume your application is denied—delayed doesn’t mean denied. You still have legal rights and options.

Get Help with Delayed Citizenship Applications in Illinois

Citizenship delays due to background checks can be confusing and disheartening. At Kasturi Law,LLC,  we help clients across Illinois address these delays and take action when needed. Whether it’s tracking your case, filing legal motions, or clarifying your records, we’re here to help you move forward.

Contact us today for a consultation, and let’s work toward your future as a U.S. citizen—together. We offer flexible meeting options to suit your schedule—whether you’d like to connect in person, over the phone, or through a Zoom video call. You can also book a consultation through our online scheduler and select a 30-minute or 60-minute session based on your needs.

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