questions about lawsuit against USCIS for name check delay

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

相關的法規 – 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。

該法規規定USCIS需要在申請人麵試後的120天之內作出決定。如果USCIS在120天內沒有作出決定，申請人可以根據USC 1447（b）向申請人所在的District Court遞交一份Petition for Hearing on Naturalization Application。遞交這份Petition實際上是在District Court對USCIS提出一個訴訟，要求USCIS盡快就該申請作出決定，或通過District Court作出決定。