1- Hello, I am a newbie here and i would like to ask a questions regarding about applying for citizenship, Well my questions is if i am unemployed and i never worked in the states is this can effect me getting my citizenship?
Bobsmyth and everybody else is correct. Unemployment SHOULD not have a bearing on naturalization petitions, but it sometimes does. I had my interview on September 22. 2009, and the adjudication officer made unemployment an issue, even though unemployment is not a legal basis to delay or deny citizenship. However, there’s a caveat :
…….As it relates to Naturalization petitions, even though there are NO written rules on this, immigration attorneys, will advise Naturalization petitioners that, as an “unwritten” rule, if someone is UNEMPLOYED, then he/she must be prepared to show/explain to USCIS how he/she has been supporting himself/herself without the means of any visible income; otherwise, the Adjudication Officer might deny their case in presuming the person is being involved in some kind of shady/illegal activities. SUBMITTING A NOTARIZED AFFIDAVIT(S) FROM AN INDIVIDUAL(S) ABOUT BEING FINANCIALLY SUPPORTED IS SUFFICIENT………..
USCIS policy will tell you that you cannot not be denied Naturalization only because you fell on some hard economic times, and that as long as you meet Naturalization eligibility requirements, set by the USCIS, there is NO requirement by the USCIS that an applicant be employed, prior to filing a Naturalization petition, as a matter of fact, an applicant can be unemployed at the time of the Naturalization interview and test.
Please note, that according to USCIS policy, as a general rule, unemployment, does NOT adversely impact one’s ability to file and obtain U.S. Citizenship, since the "good moral character" is not an issue in being unemployed; and when it comes to "good moral character",
Normally unemployment, is not an issue at all, because, MANY people, who have been laid off or lost their jobs, pass the interview and become U.S. citizens. Given the facts and circumstances that you have presented, your unemployment may or may not affect your Naturalization petition. According to the USCIS, there are often concerns regarding whether unemployment will create problems in one's Naturalization (Citizenship) case. The required USCIS N-400, Naturalization petition application forms carry NO questions on this matter. The N-400 form and accompanying instructions, make NO note of unemployment or income requirements, as they relate to Naturalization petitions.
Proof of income or support from others should not be deemed an eligibility requirement for Naturalization based upon having been a Lawful Permanent Resident (having a "Green Card") for three years (if married to a USC) or for five years. Unless adjudication officer might be suspicious that you may have had income but failed to file required tax returns or you supported yourself through nefarious/illegal/shady means (which, in turn, would demonstrate a lack of good moral character and would be a basis for denying a Naturalization application).
As with all things with the USCIS, it differs from person to person, so you might get an adjudication officer that is not “anal”. I did not, even though I am immutably eligible and immediately approveable. Your best bet? Consult with an experienced immigration attorney and voice your concerns. If I had known that unemployment was a potential issue, I sure would have. Below is my story, and it might help you.
I entered the U.S. legally on a F-1 student visa in 1981
I have been a GC holder in Los Angeles for 7 years (since 2002).
I sent in my N-400 application on June 12, 2009. I meet the all the statutory requirements for citizenship (legal permanent resident status; residence and presence in US; and good moral character for requisite period of time(s)).
I have absolutely NO criminal or arrest record (except a speeding ticket in Boston in 1993). "Squeaky" clean.
I concluded my interview in Los Angeles, on 9/22/2009, and was asked by the AO (a real jerk ) to submit very simple documents. 1. 2007 tax return 2. Every page of my passport. 3. Documentary evidence of financial support from family/friends (# 3 because I have been unemployed since the end of 2007, even though unemployment has no bearing, legal or otherwise, on naturalization petitions. Prior to my unemployment in 2007, I had paid my taxes for 7 years straight -2000-2007). I hand delivered the documents to the AO's office on 9/25/2009. Till date, I still have not received an oath letter.
After numerous calls to the Customer Service Center, I could not get any information regarding my petition. I also contacted my State Senators and Congressman, as well as different departments in USCIS (Ombudsman, e.t.c.).
Still frustrated, I called again on 11/16/2009, and to my utter surprise, the customer service rep. said he would transfer me to an IO, who would have access to my information and could better assist me. I was shocked She (IO) was very nice and polite (another shock ). She asked me what the problem was, and I told her. She verified my personal information and address and asked to put me on hold. A few minutes later, she came back on the line and told me she has sent an "expedite letter" to the AO that interviewed me. She gave me her name and a reference # for my records, and asked me to call back if I have not heard from the AO in 3-4 weeks.
December 22, 2009 will be 90 days, and January 22, 2009 will be 120 days. I expect to receive my oath letter soon, as there are no legal or administrative grounds for denial; however, if it doesn't happen after 120 days, I will file a lawsuit with the US District Court (8 USC 1447b). The court will review the matter and may take one of several actions. The court is permitted to grant the application and naturalize me as a citizen. The court is allowed to deny the application if it believes that I do not met the requirements for citizenship (legal permanent resident status; residence and presence in US; and good moral character for requisite period of time(s) ). Which of course I do. The court may also remand the case to the USCIS with instructions to proceed with the application process.
**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
If he was illegal and approved for GC, his illegal part doesnt matter anymore...obviously he got that taken care during GC app.
It seems as if the IO would like you to be employed while there are millions of native born Americans sucking the govt boobs of welfare....
USCIS should have the burden of proof to show that someone is involved in illegal activities to support themselves, unless you came to the interview with $10,000 strapped to your waistline....
You think RFEs (WR-822/N-14) are not issued during citizenship interviews?