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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Possible Causes of Citizenship Denial

    Hey folks,

    I've been a permanent resident for 18 years. About 3 months ago I lost my wallet which contained everything from my ID card, to DL, to social security card, to my green card (don't ask me how I could've made such a capital mistake!).
    In any event, it has been 8 years since I was issued an ID in the state I reside -- and I'm now unable to renew even my ID because the threshold for renewal is 5 years. While they can identify me in the system, they're not willing to duplicate me an ID.
    I'm now without any type of identification of my person... go figure! Anyway, I have reasons why I didn't seek naturalization in the past... I didn't feel I had a need of it, and verbally one couldn't tell.

    Here's the deal, I understand that I can apply for a lost green card; though, I'm thinking it'd be wiser to just go for the citizenship. However, here are my concerns:

    Can I submit an application for US citizenship, bypassing the renewal of my permanent card? And if I do, will I be asked the physical green card during the (interview) process?

    Second, is it true that one must have had 3 consecutive, recent years of income tax filing to be admissible?
    While I do not owe the IRS, per say, I haven't file an income tax in the last 2 years. I have filed up to 2008 -- after which -- during the economy crash, I lost my job and began making a mere living from the good ol' Internet -- It wasn't necessarily a sole proprietorship!

    Third, I have some questionable government college debts which I plan to make right (with a payment plan) before I engage in this procedure. Will this be brought up and proven an issue even if I'm making payments?

    Lastly, I've had some driving-without-insurance charges -- as a result of which my license is suspended -- but no served time or convictions or other criminal records...

    Please advise me as to which one of these will be a hinder in this quest for citizenship so that I may rectify it before I begin. Any and all inputs are dearly appreciated.

    Regards,

    DocDoc.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possible Causes of Citizenship Denial

    Get the green card replaced. The cost will be marginal. You'll really need the card to apply for citizenship anyhow

    You need to file returns even if you have income even if you don't owe money. If you do so now, it will be a non-issue. If they catch the failure to file it will go poorly for you with both the IRS and the USCIS. If you took in money on the "good ol' internet," I will venture that you DO owe something.

    Stop driving without a license. Deal with whatever you need to do and get your license reinstated.

    Before even thinking of filing for citizenship, you should consult an immigration lawyer. Your criminal activity and violation of the terms of your green card are going to take explanation.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Possible Causes of Citizenship Denial

    Quote Quoting flyingron
    View Post
    Get the green card replaced. The cost will be marginal. You'll really need the card to apply for citizenship anyhow

    You need to file returns even if you have income even if you don't owe money. If you do so now, it will be a non-issue. If they catch the failure to file it will go poorly for you with both the IRS and the USCIS. If you took in money on the "good ol' internet," I will venture that you DO owe something.

    Stop driving without a license. Deal with whatever you need to do and get your license reinstated.

    Before even thinking of filing for citizenship, you should consult an immigration lawyer. Your criminal activity and violation of the terms of your green card are going to take explanation.
    Thanks!

    I just wanted to add that I did not violate the term (period) of the residency but, I renewed it. Also, I don't have a criminal records if it's not for driving without insurance, which from what I've heard is not necessarily a deciding factor.

    Appreciate the advice!

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possible Causes of Citizenship Denial

    The TERM is not the issue, the fact that as a Permanent resident you are expected to obey the law and also to file/pay your taxes as I said is going to be an issue not only for naturalization but also for your on going residence status. As I said, fix up what you can and get thee to a lawyer prior to starting the naturalization to see how to best handle things. I'm not much of a immigration person but this board really lacks a good person in this category (freeadvice.com has a pretty good group though).

  5. #5
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Possible Causes of Citizenship Denial

    Quote Quoting flyingron
    View Post
    The TERM is not the issue, the fact that as a Permanent resident you are expected to obey the law and also to file/pay your taxes as I said is going to be an issue not only for naturalization but also for your on going residence status. As I said, fix up what you can and get thee to a lawyer prior to starting the naturalization to see how to best handle things. I'm not much of a immigration person but this board really lacks a good person in this category (freeadvice.com has a pretty good group though).
    Thank you again!

    While I'm very open-minded to you proposal to hire a lawyer, I'm sorry, I am not going to go that route. As far as I'm concerned there is not such a thing as an "immigration lawyer" and for the most part, those individuals are largely not needed. They have no bear on the outcome of the request. They, these "immigration lawyers" are not in a position to plead the applicant's case, nor are they able to change whatever hinder the applicant has put upon his/her application. They should be called "advisors"! A person such as myself who's been in this country for so long doesn't need them... I don't mean to sound arrogant, but it's simply true! The USCIS site tells people exactly what to do to apply/renew/alter any immigration status. It's just that foreigners are usually intimidated by these topics and feel the need to pay an "advisor" unnecessary money.

    Immigration applications are typically DIY procedures.

    I do, however, agree with you that the law is to be obeyed, but if failed to do so, an "immigration lawyer" cannot change that or talk the government into seeing it differently.

    I think your advice to me is pretty equivalent to what an "immigration lawyer" would tell me... I'm sorry I could go on about this, I'm sorry... I just think a "lawyer" should be able to plead and/or negotiate a cause, not simply having the knowledge of a branch of the law; hence, those guys are advisors.


    Thanks again.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Possible Causes of Citizenship Denial

    I dont think your citizenship would be approved (due to tax avoidance). Would applying for it cause your deportation? Anybody?? Maybe. College debts not paid back (I guess 15 yrs old)?? You seem american enough to run for congress ...

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possible Causes of Citizenship Denial

    Straight-forward applications can often be done DIY.
    However the straight-forward answer to your case is YOU ARE NOT ELIGIBLE.
    This is why you need someone who knows what they are doing.

    I am not a lawyer...I'm not an immigration expert. I can tell you with a criminal history and other snags you need someone who knows the system. You're characterization of immigration attorney's is poor. I deal with a lot of H1B and other non-citizen employees in my job and I can tell you our lawyer has been more than helpful. Even our non-immigration counsel defers to them.

    As I said, if you don't want to listen here at least pop over to the Immigration group on the other legal site which is frequented by both attorneys and others who are more familiar with the issues.

  8. #8
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Possible Causes of Citizenship Denial

    If someone thought these immigration procedures are pretty much DIY, then someone would have read the instruction on the N400 application for citizenship and noticed on page 5 that it says you must submit a copy, front and back of the permanant resident card or a copy of a receipt that you have filed an I-90 for a replacement card. So the simple conclusion is that you must file for a replacement card first.

    In the same area of the USCIS site, there is a document checklist that shows clearly that you need certified copies of tax returns for the last three years.

    Oh, and there is probably more to the story, but "making a living off the internet"....does that involve money? I am not sure why you would not think you don't need to file a return...even if the earned income is foreign based, you must file a return to note that. I would agree that you need to fix that tax situation first before any thoughts of applying for citizenship.





    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

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