July 27, 2012 – A citizen of Nigeria became a citizen of the United States despite a recent conviciton for disobeying a lawful order from a police officer
Facts: A citizen of Nigeria was convicted of disobeying a lawful order from a police officer. Later, he tried to naturalize, however his naturalization application was denied based on the conviction and he came to the firm for help.
The Firm’s Representation: The firm immediately filed an appeal of the naturalization denial – technically called a Request for a Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act. The firm asserted that despite the conviction during the statutory period, our client was still a person of good moral character and USCIS should approve his naturalization application. After the hearing, USCIS stalled on making a decision for another year. The firm filed a mandamus action in federal court demanding that USCIS make a decision on the naturalization application.
Outcome: Three weeks after the firm filed the mandamus action in federal court, USCIS scheduled our client for a naturalization swearing in ceremony. On July 27, 2012, our client became a proud citizen of the United States.