With no explanation, chose the best option from "A", "B", "C" or "D". an application. See 8 U.S.C. § 1446(a)-(b); 8 C.F.R. § 334.2. After an application is filed, an “investigation” of the applicant is conducted. 8 C.F.R. § 335.1. The investigation period includes a criminal background check conducted by the Federal Bureau of Investigation (“FBI”) and must be completed before the USCIS may begin an “examination” of the applicant. 8 C.F.R. § 335.2(b); Shalan, 2006 WL 3307512 at *3. If USCIS fails to make a determination within 120 days from the start of the examination, the applicant may sue for mandamus in federal district court. 8 U.S.C. § 1447(b). Thus, the statutory and regulatory framework anticipates the need for a period of time to allow for 15 months past the 120-day window not substantially justified) with Simonovskaya, 2007 WL 210391 at @,;2 (<HOLDING>). The government fails to detail any special

A: holding that a 13 month delay was unreasonable
B: holding one day past the 120day window not an unreasonable delay
C: holding a delay approaching one year is presumptively unreasonable
D: holding that a five month delay was unreasonable
B.