Two years is too long

QU.S. Citizenship and Immigration Services interviewed me for citizenship almost two years ago. I passed the tests, but I have yet to receive a notice for a swearing-in ceremony. What are my options? I have called USCIS customer service many times, but they keep telling me that they are still “processing” my case.

AEven with current processing delays, your case is taking way too long. Try contacting your U.S. representative or senator, asking them to inquire for you. Sometimes, the Congress member will get the same answer you got from USCIS: “the case is pending,” but at least you’ll be educating your representative about USCIS delays.

One way to get USCIS to do its job is seek help from a federal court. U.S. law allows for federal court review of any naturalization case pending 120 days or longer after a naturalization interview. Just bringing a federal court action often gets USCIS to act.

Sometimes a judge will order the government to pay attorney’s fees in what is known as a 1447(b) action. If you nevertheless can’t get a lawyer to help you, consider suing USCIS “pro se.” That means you represent yourself. Federal court clerks can be very helpful to pro se litigants. Just make sure that

your case is very clean. If you bring a pro se action against USCIS, the agency will look carefully at your immigration history to ensure that you were entitled under the law for permanent residence.

A friend was arrested after filing his naturalization application. The matter was dismissed. How should he handle the matter at his naturalization interview?

Your friend should bring the dismissal record to his naturalization interview. The officer will give him a chance to amend the N-400. My guess is that your friend can naturalize without problem, but he should nevertheless speak to an immigration law expert before his interview. For some activity, such as drugselling, prostitution, and illegal drug abuse, a naturalization officer can deny an application if he or she has “reason to believe” an individual has engaged in unlawful activity.