Following is the information from the web link below about name check.
To sue USCIS about the delay of name check, you have to be interviewed by USCIS. That means, if you have been interviewed by USCIS, you can not sue USCIS, right? Is my understaining correct? If so, what to do for persons who have never been interviewed but their cases (485 or naturaization) are still pending name check?
Anybody can clarify this issue? Thanks
http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=201273
相关的法规 – USC 1447（b）。USC 1447（b）原文如下：
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 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。
该法规规定USCIS需要在申请人面试后的120天之内作出决定。如果USCIS在120天内没有作出决定，申请人可以根据USC 1447（b）向申请人所在的District Court递交一份Petition for Hearing on Naturalization Application。递交这份Petition实际上是在District Court对USCIS提出一个诉讼，要求USCIS尽快就该申请作出决定，或通过District Court作出决定。