Problems in Becoming a U.S. Citizen: How to Avoid Common Problems in the Naturalization Process

Lei Mei resides in Boston, Massachusetts and has been a U.S. lawful permanent resident, commonly known as a green card holder, for ten years. She has worked as a travel agent for nine years, but has failed to file her federal tax returns. Six years ago, she traveled to Guangzhou, China to care for her sick mother and stayed there for seven months until her mother was back in good health. Lei Mei is now interested in filing to become a U.S. Citizen.

Juan has been a green card holder for six years and resides in Providence, Rhode Island. He has two children with his ex-wife, Glenda, who live in Dallas, Texas. Juan has not seen his children in five years and has not supported them financially during that time. Juan has had trouble with alcoholism and has been arrested for disturbing the peace after drinking too much alcohol in public. Juan is also now interested in filing to become a U.S. Citizen.

Lei Mei and Juan are going to run into some obstacles in becoming U.S. Citizens. Generally, green card holders are able to become U.S. Citizens after five years of residing in the United States with a green card. If someone marries a U.S. Citizen, they only have to wait three years. However, committing certain acts can lead to problems in being awarded U.S. citizenship.

Those who have been out of the U.S. for more than six months at a time, such as Lei Mei, who are in deportation or removal proceedings or have been deported, who have not filed federal income taxes, who have not financially supported their children, who are male and did not register for Selective Service, who are on probation or parole for a criminal conviction, who lied or committed fraud to get their green card, who have been arrested or convicted of a crime, who lied or committed fraud to receive public benefits, who helped someone enter the U.S. illegally, who claimed to be a U.S. Citizen, who have been charged with committing domestic violence, child abuse, or child neglect, who voted illegally, who have been involved in prostitution, or who are habitual drunkards, drug abusers, or drug addicts will experience problems in becoming U.S. Citizens.

Additionally, in some cases, not only will the government deny a person’s citizenship application, but they will also try to take away that person’s green card and deport them.

For those who have committed any of the acts listed above, it is extremely important that they hire an attorney to guide them through the citizenship process. In many cases, the above acts can be forgiven or remedied and a person can still become a U.S. Citizen. However, not having an attorney to assist you often leads to applications being denied.

Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.