Naturalization and Adjustment of Status Delay – A Tentative Settlement is Reached in Philadelphia
A tentative settlement of a class action lawsuit that was filed in Federal Court in Philadelphia in December, 2006, that is challenging the delays by the USCIS in deciding applications for both adjustment of status (Form I-485) and naturalization (Form N-400) for applicants who either are or were receiving SSI benefits has been reached, subject to final court approval, in February, 2008.
The issue in the case involved delays in adjustment and naturalization applications where the delays are resulting in actual or possible cut-off of SSI benefits. SSI benefits are paid to severely disabled, blind and elderly poor people and the class action suit was filed because the payments had been stopped to about 12,000 refugees and asylees because USCIS delays were preventing from them becoming U.S. citizens, something that is a new SSI eligibility requirement.
The class action suit does not involve delays in USCIS adjudication of adjustment or naturalization applications filed by anyone not affected by the possibility of an SSI benefit.
The tentative settlement agreement provides that any class member may request Expedited Processing from the for pending applications for naturalization or adjustment of status, or for future applications for naturalization or adjustment of status filed while the settlement agreement is in effect, if six months have elapsed since the filing of the application without a decision. The USCIS has agreed to request priority processing of any pending or future security checks and it will give the earliest available appointment for any such applications that requires an appointment. Also, if an Oath of Allegiance is required, the USCIS promises to schedule the Oath at the next available opportunity.
If a class member has a pending Form I-485 or Form N-400 and has received or is receiving SSI benefits, he or she (or a representative) may call the USCIS at 1-800-375-5283 (which is the USCIS I-800 number) and request this new Expedited Processing.
The idea, of course, is to make sure that applicants who depend on receiving their SSI check not lose out on their benefits just because the USCIS is delaying a decision on their case.
A hearing has been set in Philadelphia for February 29, 2008 to finalize the class action settlement.
