Опубликовано июня 9, 2015
Для некоторых, there is no rule requiring a foreign national residing in the U.S. в качестве законного постоянного жителя (aka “green card” holders) to eventually apply to become a U.S. гражданин. A green card holder can live the rest of their life in the U.S. without ever becoming a US citizen, although they will generally have to file for the renewal of their green card every 10 лет. The drawbacks of remaining a lawful permanent resident include: not being able to vote, not being able to file immigration petitions on behalf of certain family members and having limits on the amount of time you can remain outside the U.S. For those contemplating going forward with an N-400 Application for Naturalization, the following are 4 of the most important concerns to keep in mind before filing:
1) Criminal Issues: If a prospective applicant has been convicted, or even just arrested, on a criminal charge – whether before or after being granted permanent residence – consideration should be given to not only whether their application for citizenship will be denied, but also whether their criminal activity may land them in removal proceedings. Not all criminal cases will lead to removal proceedings or to the denial of their application. The outcome will depend on when the alleged criminal act took place, whether there was a conviction, and the nature of the charges or conviction, as set forth in the criminal complaint and conviction record.
2) The State of the Marriage: Individuals who gain permanent residence by way of their marriage to a U.S. Гражданин, but later get divorced from their spouse/petitioner, may find themselves answering many questions, sometimes borderline intrusive ones, at the time of their naturalization interview. The fact that a marriage based permanent resident gets divorced should not in and of itself be a reason for the person not to file to become a U.S. гражданин. Однако, if it is clear that the foreign national’s marriage fell apart quickly after they were issued their 10 год, unconditional green card, the interviewing officer may very well see that as a sign that the underlying marriage was fraudulent or insincere. That will prompt lots and lots of questions and perhaps additional document requests. In the worst cases, the scenario may unfold to the point where the applicant’s N-400 is denied, or in rarer cases, the revocation of the resident’s green card status.
3) Travel Outside the U.S. for Extended Periods of Time: Applicants who have spent more than half of their qualifying US permanent resident status abroad, and especially with single trips exceeding 6 месяцев, should think twice about filing for US citizenship. Such extended absences from the U.S. may very well prompt the denial of an N-400 application.
4) Voters or Voter Registrants: All too often the citizenship interview becomes a confessional where applicants open up about their voter registration or voting activity – both generally prohibited by law for non-U.S. граждан. In almost all cases, the applicant innocently proceeds down the voter registration or voting trap by way of a Department of Motor Vehicle official’s intimation that they not only are eligible to register and vote, but that they should! Хорошо, many foreign nationals have learned the hard way that they are not eligible, and they shouldn’t have registered to vote or voted. Тем не менее, there indeed exist circumstances where innocent registrants or voters are approved for citizenship, but proceeding with an application comes with significant risks – risks of having the application denied, and even risks of being placed in removal proceedings. Для некоторых, those risks need to be considered before the fact.
ОПУБЛИКОВАННЫХ июня 9, 2015- "Закон об иммиграции ФОРУМ" Copyright © 2015, По Адвокатское бюро Ричард Ханус, Чикаго, Иллинойс
The post Applying for U.S. Гражданство: Top 4 Issues to Be Thinking About appeared first on США Visa адвокат.