18 Oct Do you have a problem to apply 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
Immigration News
Immigrant Visa (IV): The Embassy continues to have a significant backlog of all categories of immigrant visas. We are using a tiered approach to triage immigrant visa applications, based on the category of immigrant visa, as we resume and expand processing. While we schedule limited appointments within all four priority tiers every month, the following lists the main categories of immigrant visas in priority order:
- Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
- Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas
- Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
- Tier Four: All other immigrant visas, including employment preference and Diversity Visas
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 visas (H-1B, H-2B, and L nonimmigrants). Visa appointments and processing for B1/B2 (Business/Tourist) remain suspended, with the exception of interview waiver renewals.
The DHS issued a new guideline for the arrest and deportation of undocumented immigrants. The guidelines focused on national security. crimes and border security as the government priority.
Success Stories
For the month of September 2021, we received approvals from USCIS four naturalization applications, two Fiancée visa petitions, three removals of condition on residence and four adjustment of status applications.
Philippine Stories
- Leni Robredo is the only true opposition candidate among all Presidential candidates. We need to unite in order to defeat the current administration or we will lose our country. There are about 3.6 million Chinese in the Philippines working on POGO. Chinese are registered military personnel of China. Many POGO do not pay income taxes. Chinese are allowed to enter the Philippines without visa restrictions.
Listen to Percy Lapid (or Lapid Fire) and Waldy Carbonell on You Tube and Facebook for details and more corruption in the government.
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/