New York Daily News

The suit fits, so go ahead & file it

- ALLAN WERNICK Allan Wernick is an attorney and director of the City University of New York’s Citizenshi­p Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004 or email to questions@allanwern

Q I’ve been waiting to get U.S. citizenshi­p since August, when I passed my naturaliza­tion interview. My U.S. senator wrote twice to U.S. Citizenshi­p and Immigratio­n Services, and the agency reported that it was just waiting for a background check. What can I do to move the case along? Sheryl, Florida

A It is unfair that you have had to wait so long to become a U.S. citizen. Given that your senator cannot seem to get the case moving, your only option left is to sue the government, asking a federal judge to grant you citizenshi­p. U.S. law allows for federal court review of any naturaliza­tion case pending 120 days or longer after a naturaliza­tion interview.

Green card holders across the nation are facing delays in getting U.S. citizenshi­p. It is true that the number of applicatio­ns USCIS is receiving has increased recently, but that’s no excuse. Many believe that the Trump administra­tion is ignoring the big backlogs because it knows that more newly naturalize­d immigrants vote for Democrats than Republican­s. If that’s true, it’s shameful. It is about time that someone files a class action suit challengin­g these delays.

Meanwhile, if you decide to challenge the USCIS in federal court, make sure that your lawyer carefully reviews every detail in your immigratio­n history; you can be sure that the government will look carefully at your immigratio­n history to determine whether it can challenge your right to naturalize.

Q I am a former asylee. I got my green card, then became a U.S. citizen. If I travel to the country where I was persecuted, will I have a problem returning to the United States? Name withheld, Queens

A Unless you committed fraud when applying for asylum or permanent residence, your travel shouldn’t be a problem. First, taking away a person’s U.S. citizenshi­p is very hard. And, the fact that you return to a country where you once faced persecutio­n, doesn’t mean your fear of persecutio­n when you applied for asylum wasn’t genuine. Conditions in countries change. Moreover, just because you couldn’t live in your home country, doesn’t mean you can’t visit. Travel safe!

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