10 Feb Common problem when applying for Naturalization
By Atty. Chris Caday Lozano
When applying for naturalization, there are problems many applicants encountered during the interview process. This is because they look at how you first get your green card and what actions you have made while a green card holder. Listed below are some of them:
1. Proving good faith marriage. You will be surprised that you are applying for naturalization and yet the USCIS is considering you as a green card applicant although your marriage happened ten years ago. If you obtained your green card through marriage, no matter how many years has passed, they always asked questions and documents about whether your marriage is bona fide and what joint documents support this marriage.
2. Proving family relationship if you were petitioned by your parents, siblings or as derivative of your parents. You should be able to show proof of your relationship through marriage certificate, birth certificate, divorce or death certificate, whichever documents applied to your case.
3. If you were involved is a crime, no matter how minor you think it is, they will always look for documentation if you have been convicted and if you served your sentence.
4. There are crimes that will make you deportable when applying for naturalization. This will include committing two crimes of moral turpitude or an aggravated felony. Theft is a crime involving moral turpitude. There is waiver available, and you should talk to an immigration lawyer.
5. Green card holders who obtained their green card through misrepresentation may also be sent to removal proceedings. These include those who committed marriage fraud or declared as single but actually married. If you have this kind of problem, you need to talk to an immigration attorney to find if you qualify for a waiver of fraud or misrepresentation.
6. Failure to file and pay your income tax may also disqualify you for naturalization. If you have a payment plan agreement with the IRS and you keep paying the monthly payments, you may be able to get approved. Again you need to consult with an immigration lawyer about your situation.
7. Failure to pay child support. You may be d. ed if you fail to pay for child support.
8. If you stayed outside the U.S. for more than 180 days in a single year, you may be denied naturalization.
9. If you lack the required period of residency, you may also be denied.
So that you will not have a problem when applying for naturalization, you should consult with an immigration attorney to avoid possible problem along the way.
Note: This is not a legal advice
Immigrant Visa (IV): The Embassy is processing immigrant visas across all categories. However, with significant backlogs in most categories, wait times for interviews are lengthy for all but immediate relatives (IR-1 through IR-5). It is not possible to provide precise wait times as facilities, staffing resources, and local conditions all affect capacity and scheduling. As of January 31, 2022, most IR visa cases being scheduled for interview were documentarily complete at the National Visa Center in February 2021. Most K visa cases being scheduled were documentarily complete in October 2021. Most current employment-based cases being scheduled were documentarily complete in July 2020. Most current family preference cases were documentarily complete in October 2019.
Nonimmigrant Visa (NIV): The Embassy continues to prioritize travelers with urgent (i.e. matter of life and death) travel needs, foreign diplomats, and certain mission-critical categories of travelers, such as students and exchange visitors (F-1, M-1, and J-1) and temporary employment (H-1B, H-2B, and L). Visa appointments for routine business and tourism (B1/B2) are available at significantly reduced levels.
Many visa applicants paid a visa application fee and are still waiting to schedule an interview appointment. The validity of your payment (known as the MRV fee) is extended until September 30, 2023, to allow all applicants who were unable to schedule an appointment the opportunity to do so.
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and income tax preparation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/