Delays on citizenship
QIt has been more than two years since my wife’s naturalization interview, and she has yet to get a decision from U.S. Citizenship and Immigration Services. What could be the delay? What can we do to get a decision? L., by email
AIt is hard to say why your wife’s case is taking so long. Here are some steps to resolve the matter.
First, call the USCIS information number, (800) 375-5283. You’ll find out if your case is pending or maybe USCIS sent your swearing-in notice to the wrong address.
In the latter case, you can reschedule. If you aren’t satisfied, make an appointment to see your congressional representative.
Your final step is to file a lawsuit asking a federal judge to grant you citizenship. The law allows federal court review of any naturalization case pending 120 days or longer after a naturalization interview.
QIf my wife and I move to India for a year, will that hurt our chances to get U.S. citizenship? We want to spend time with our old grandparents. Name withheld, New York
AIf you are not abroad six continuous months or more, you should be able to naturalize. Trips of six continuous months or more allow USCIS to presume you broke the five years of continuous residence you need to naturalize. For trips abroad of less than six months, USCIS can still find a break in residence, but the presumption is that you maintained U.S. residence. If you maintain a bank account here, pay taxes if you owe them, travel back in the year prior to applying, and you can clearly explain why you were abroad, you have a good chance of getting U.S. citizenship. Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project.