How Long Does It Take USCIS To Schedule Oath Ceremony?
The timing of the oath ceremony can vary depending on factors, such as: caseload, location, and scheduling availability.
In some cases, individuals are able to attend an Oath Ceremony on the same day as the naturalization interview. This is considered an “administrative ceremony,” which is administered by the U.S. Citizenship and Immigration Services (“USCIS”).
Individuals who are not able to participate in a “same-day” Oath Ceremony, must wait for the USCIS to mail a Form N-445, Notice of Naturalization Oath Ceremony (“Form N-445”), which contains the date, time, and location of the Oath Ceremony.
120-Day Deadline
The USCIS has a 120-day period after the date of the naturalization interview to render a decision on the N-400, Application for Naturalization.
Pursuant to 8 U.S. Code § 1447:
(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of this title 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.
Unfortunately, this 120-day deadline relates only to USCIS rendering a decision on the Form N-400, Application for Naturalization. It does not place the USCIS on a deadline to schedule the Oath Ceremony.
Requesting Expedite Oath Ceremony
Individuals may seek to expedite the administration of the Oath Ceremony if special circumstances of a compelling or humanitarian nature are sufficiently established.
Pursuant to 8 CFR §337.3(a)
An applicant may be granted an expedited oath administration ceremony by either the court or USCIS upon demonstrating sufficient cause. In determining whether to grant an expedited oath administration ceremony, the court or USCIS shall consider special circumstances of a compelling or humanitarian nature. Special circumstances may include but are not limited to:
(1) The serious illness of the applicant or a member of the applicant’s family;
(2) Permanent disability of the applicant sufficiently incapacitating as to prevent the applicant’s personal appearance at a scheduled ceremony;
(3) The developmental disability or advanced age of the applicant which would make appearance at a scheduled ceremony inappropriate; or
(4) Urgent or compelling circumstances relating to travel or employment determined by the court or USCIS to be sufficiently meritorious to warrant special consideration.
The request must be in writing and may be made to the court or USCIS:
All requests for expedited administration of the oath of allegiance shall be made in writing to either the court or USCIS. Such requests shall contain sufficient information to substantiate the claim of special circumstances to permit either the court or USCIS to properly exercise the discretionary authority to grant the relief sought. The court or USCIS may seek verification of the validity of the information provided in the request. If the applicant submits a written request to USCIS, but is awaiting an oath administration ceremony by a court pursuant to § 337.8, USCIS promptly shall provide the court with a copy of the request without reaching a decision on whether to grant or deny the request. See 8 CFR §337.3(c).
Lawyer To Help With Citizenship
If there have been significant delays or concerns about the scheduling of your Oath Ceremony following the naturalization interview, contact lawyer to help with citizenship, Dayna Lally, at [email protected]. Consultation fees may apply.
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
Last Reviewed/Updated: 04/02/2024
