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When Applying for U.S. Citizenship Can Become Your Worst Nightmare

When Applying for U.S. Citizenship Can Become Your Worst Nightmare

Posted by: ScottMond Law Firm
August 18, 2010
Topic: U.S. Citizenship

Traditionally, applying for U.S. Citizenship has been thought of as a simple "walk in the park". The process of a permanent resident filing a N-400 with U.S. Citizenship and Immigration Services after 3-5 years of continuous residence in the United States seems innocent enough. However did you know that an application for citizenship could result in a permanent resident being removed from the United States, especially under tougher U.S. enforcement scrutiny?

During this past year clients of ours were placed in removal proceedings when they independently, without counsel, filed for U.S. Citizenship. Some of the reasons included the following:

  • Change of Marriage Status. Failure to report to U.S. Citizenship and Immigration Services (USCIS) that they had been married during the processing of their application-even though the marriage only lasted one year and they were approved for U.S. citizenship after the divorce.
  • Simple Criminal Charges. Clients who felt a simple shop lifting theft, or dismissal of prior old charge would never be considered were placed in removal proceedings.
  • Grandfathering and Bona Fide Marriage. Clients have even been placed into removal proceedings if their underlying marriage was subjected to the Bona Fide Marriage test "again".
  • Misstating Taxes. This called a recent client's character into question and the denial of citizenship, with other problems mounting.

Before applying for citizenship always consult counsel. Even innocent misunderstandings of the law can result in a nightmare if USCIS deems a Permanent Resident Applicant to have violated the Federal Regulations.

ScottMond Law Firm

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