N-400 Pending After Your Interview? The 120-Day Rule and What to Do (2026)

October 23, 2026

By Erick Widman, Immigration Attorney, Passage Immigration Law.

If you had your citizenship interview more than 120 days ago and still have no decision, the law gives you a tool most applicants never hear about. Under 8 U.S.C. 1447(b), USCIS is supposed to decide a naturalization application (Form N-400) within 120 days after the interview. If it doesn’t, you can ask the federal district court where you live to decide the case or to send it back to USCIS with instructions. This guide explains how the 120-day clock works, what to try before going to court, and when a lawsuit makes sense.

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General information only. This is not legal advice for your situation.

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The short version

USCIS rules say a decision on an N-400 should be made at the interview or within 120 days after it (8 CFR 335.3(a)).
If day 120 passes with no decision, you can file a petition in federal district court under 8 U.S.C. 1447(b). The court can decide your application itself or send it back to USCIS with instructions.
The 120-day clock starts at your first naturalization interview, not when you filed. Before the interview, the 1447(b) option doesn’t apply, though other options may.
In Oregon, Washington, and California, the Ninth Circuit has held that once a proper 1447(b) case is filed, the court has exclusive jurisdiction, so USCIS can’t simply deny the case on its own while the lawsuit is pending.
Try the simple steps first: read your interview results notice, answer any request for evidence on time, submit a case inquiry, and contact your congressional office.
The government filing fee for the N-400 is $760 by mail or $710 online, or $380 for qualifying lower-income applicants (USCIS fee schedule, October 2026).

How long the N-400 takes in 2026

Most of the wait happens before the interview. USCIS posts processing times as the time it took to finish 80 percent of cases at each field office over the previous six months. Its most recent posting for the offices that serve our three locations was:

USCIS field office	Posted N-400 time (80% of cases completed within)
Portland, Oregon	14.5 months
Seattle, Washington	13.5 months
Los Angeles, California	10.5 months

These figures change every month, and your own case can be faster or slower. Check the USCIS Check Case Processing Times page for your office before you rely on any number (figures above checked October 23, 2026).

While you wait, your N-400 receipt notice helps if your green card is expiring. Since December 2022, a properly filed N-400 receipt notice extends your green card for two years past the “Card Expires” date. Carry the notice together with the card. Our 2026 guide to the citizenship test and good moral character covers the steps from filing to interview.

What happens at the interview, and when the 120 days start

At the end of your interview, the officer gives you a notice of results (Form N-652). It usually says one of three things:

Approved. You passed, and the case goes through a quality check before USCIS schedules your oath ceremony.
Continued. The officer needs something more: documents (through a request for evidence, usually with 30 days to respond), a second attempt at the English or civics test (scheduled 60 to 90 days after the first interview), or a second interview.
A decision cannot yet be made. The case needs more review, which can include background or security checks. This is the result that most often leads to long waits.

The 120-day period runs from the date of your first naturalization interview. USCIS’s own rules say that a continued case should be re-examined within that same 120-day window, so a continuance doesn’t automatically restart the clock. USCIS’s Policy Manual says the same thing directly: USCIS has 120 days from the initial interview to issue a decision, and if it doesn’t, the applicant may ask a district court for review.

Write down your interview date and count forward 120 days. That date matters more than anything posted on the processing times page once your interview is done. For help getting ready, see our posts on what to bring to your citizenship interview and the naturalization interview itself.

What to try first

A lawsuit isn’t the first step for most people. These usually come first, and they cost little or nothing beyond your time:

Read your results notice closely. If it asked for documents, send them complete and on time, and keep proof of delivery. A missed request for evidence is a common reason for a denial.
Check your online account and mail. Make sure USCIS has your current address. Report a move within 10 days with Form AR-11 and update your pending case.
Submit a case inquiry. Once you are past 120 days, contact USCIS through its online e-Request tool or the Contact Center and say your N-400 interview was on a specific date and no decision has been made. Our post on when to follow up on a delayed USCIS case explains how inquiries work.
Ask your U.S. representative or senator for help. Congressional caseworkers can send an inquiry to the field office.
Look at your own record. If you have an arrest, a long trip abroad, tax issues, or a prior immigration problem, the delay may be tied to that. Our guide to applying for citizenship with an arrest or DUI explains what USCIS looks at.

If several weeks pass after those steps with no movement, it’s time to look at the court option.

The 1447(b) lawsuit: how it works

A 1447(b) case is a petition filed in the U.S. district court for the district where you live. For our clients, that usually means the District of Oregon, the Western or Eastern District of Washington, or the Central District of California. The government is represented by the U.S. Attorney’s office.

The statute gives the court two choices:

Decide the application itself. The court can hold a hearing and decide whether you meet the requirements for naturalization.
Send the case back to USCIS with instructions. In practice, this is the most common result. The court often orders USCIS to decide within a set number of days.

Many cases never reach a ruling. Once a lawsuit is filed, USCIS often schedules a second interview or issues a decision, and the parties ask the court to close the case. That is not guaranteed, and every court and case is different.

Why the Ninth Circuit rule matters

In United States v. Hovsepian (2004), the full Ninth Circuit held that a properly filed 1447(b) petition gives the district court exclusive jurisdiction over the naturalization application. In other words, once the case is in court, USCIS can’t decide it on its own unless the court sends it back. Oregon, Washington, and California are all in the Ninth Circuit. This rule protects applicants from a quick denial issued only to end the lawsuit.

Who is a good fit, and who should wait

A 1447(b) case may make sense if:

Your first interview was more than 120 days ago, and you have tried the steps above;
You passed the English and civics tests, or have a valid exception; and
You are confident you meet the requirements, including good moral character and continuous residence.

Think carefully, and talk to a lawyer, before filing if there is a known problem in your record. A court that decides the case itself looks at your eligibility fresh, and a lawsuit puts your whole file in front of a federal judge and a government attorney. A lawsuit asks for a decision. It does not guarantee an approval.

If your N-400 hasn’t been scheduled for an interview

The 120-day rule only applies after the interview. If USCIS hasn’t interviewed you and your case is far outside the posted processing time, the usual tool is a different kind of lawsuit, a mandamus or Administrative Procedure Act case asking the court to order USCIS to act within a reasonable time. Our guide to suing USCIS for delay with a mandamus lawsuit explains how courts judge whether a delay is unreasonable, and our post on an I-485 green card case that is pending too long walks through the same steps for green card cases.

Approved, but no oath ceremony yet

An approval is not citizenship. You become a citizen when you take the Oath of Allegiance. If your N-400 was approved but no oath date has been set after a long wait, 1447(b) usually isn’t the right tool, because USCIS has already made a determination. Follow up with the field office and, if the wait drags on, ask a lawyer about other options. Our post on the oath ceremony after approval explains what to expect.

If USCIS denies your N-400

A denial is not the end of the road. You can ask for a new hearing before a different USCIS officer by filing Form N-336 within 30 days of receiving the denial (33 days if it came by mail). The government filing fee is $830 by mail or $780 online (USCIS fee schedule, October 2026). USCIS schedules the hearing within 180 days. If the denial is upheld after that hearing, you can ask a federal district court to review the case from the beginning under INA 310(c).

Also note: if you are placed in removal proceedings while your N-400 is pending, USCIS will deny the N-400 rather than hold it. If that happens, talk to a lawyer right away.

Life changes while you wait

Long trips abroad. A trip of six months or more can raise questions about continuous residence, and you must keep meeting the residence requirements until you take the oath. Moving. A move can shift your case to a different field office and add delay; report it right away. Conditional residents. If you still have a pending I-751, USCIS may decide it together with your N-400. Our posts on merged I-751 and N-400 interviews and the I-751 processing time and 48-month extension explain how that works.

Frequently asked questions

What is the 120-day rule for naturalization?

USCIS is supposed to decide an N-400 at the interview or within 120 days after it. If it doesn’t, 8 U.S.C. 1447(b) lets you ask the federal district court where you live to decide the application or to order USCIS to decide it.

When does the 120-day clock start?

It starts on the date of your first naturalization interview, not the date you filed. A continued case should be re-examined within the same 120-day period.

What does “a decision cannot yet be made” mean on my interview notice?

It means the officer needs more review before deciding. That can include background or security checks, a supervisor’s review, or missing documents. Keep your notice and count 120 days from the interview date.

Can I sue USCIS if my N-400 interview hasn’t been scheduled?

Not under the 120-day rule, which applies only after the interview. A mandamus or Administrative Procedure Act lawsuit may be an option if the delay is unreasonable.

Can USCIS deny my N-400 after I file a 1447(b) lawsuit?

In the Ninth Circuit, which covers Oregon, Washington, and California, a properly filed 1447(b) case gives the court exclusive jurisdiction, so USCIS can decide only if the court sends the case back to it.

Does filing a lawsuit guarantee approval?

No. A lawsuit asks for a decision. The court or USCIS still decides whether you meet every requirement for citizenship.

What can I do if my N-400 is denied?

You can file Form N-336 within 30 days (33 if the denial was mailed) to request a hearing before a different officer. If the denial is upheld, you can ask a federal district court to review it.

How much does it cost to file the N-400 in 2026?

The government filing fee is $760 by mail or $710 online. Applicants with documented household income at or below 400 percent of the federal poverty guidelines can pay a reduced $380 fee by filing on paper.

Still waiting on a decision after your citizenship interview? Our team in Portland, Seattle, and Los Angeles can review your timeline and your options. You can also read about our delay litigation work and our citizenship services.

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