(Part 3)
FOR many people, attaining US citizenship is the final step in achieving their “American Dream.” After getting a green card, they eagerly count off the years until they are finally eligible to apply for naturalization. However, for some people, applying for citizenship could cause problems, issues, and even being stripped of their green card and deported/removed. Applying for citizenship is not always a simple, straightforward task that a person should handle on their own. Instead, they may want to seek the advice or guidance of an attorney.
In my previous article, I have published the second part of the possible issues that one may encounter in applying for US Citizenship. Here are just some of the many issues or problems a person must consider before filing for naturalization:
• If the person applying for US citizenship is a male, did he register for Selective Service before his 26th birthday? The law requires all males between the age of 18 and 25 to register with Selective Service. If they failed to do so, they have “broken the law”. To be eligible for naturalization, a person must have been law–abiding for five full years. Therefore, these people are considered to have broken the law on their 26th birthday by not registering for Selective Service, such that they would not be eligible to apply for naturalization until after the 31st birthday (five years after their law–breaking 26th birthday). Although there are some exemptions or waivers from this requirement, such as proving the failure to register was not a knowing or willful action, the failure to register for Selective Service is yet another problem or issue that could come up.
• Did the person register to vote or vote in a US election? Only US citizens can vote in US elections. If a green card holder registers to vote or votes in a US election, not only could their naturalization be denied, but they could also be put in deportation proceedings. Many green card holders accidentally registered to vote, when applying for, or renewing, their driver’s license. (Drivers license applications sometimes have a section to register to vote, and the person keeps filling out the whole form, not realizing they are also filling out the section to register to vote.) Or, they may be coming out of the supermarket, and someone with a clipboard comes up to them, asking if they want to register to vote. Of course they do! They fill out the forms without realizing they must be a US citizen. They may even get a ballot at the next election, which further gives the impression it’s okay to vote. However, when applying for US citizenship, there are several questions on the application asking whether the person ever claimed to be a US citizen or voted. USCIS may also check the records of the registrar of voters, and if this person’s name appears, their naturalization application could be denied.
As you can see, there are so many issues that could come up in connection with a person’s eligibility for naturalization
If you have any questions about your past, or eligibility for naturalization, you should definitely seek the advice of an attorney before filing for naturalization. This is because once you file, and USCIS starts digging into your past, you may have dug a hole for yourself.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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