Can CPS troubles end up getting citizenship denied?

[TNWorried]

My wife if filing for US citizenship the first week after labor day. And we're a bit worried.

We legally homeschool our oldest child. This fact apparently does not please our new neighbors who have been going around making statements that are leading people to think we neglect our children. There's even been some "discussion" (if what our friends have told is true) that some people are thinking of calling CPS on us cause they're worried about the kids.

We're concerned about the mess these people are stirring up. CPS's reputation and the experience of others in our community is basically to default to parents are slime/meth dealers; can't prove anything so they must be up to something so we better try to take kids. So we're losing sleep over this wondering that if we end up having to deal with CPS how that reflects on the "good morale character" part of the application; especially if they try to remove the kids or we end up in a family court having to fight for the kids.

Is family court / child protective services issues things that can lead to a denial of a N-400?

 

[TheRealCanadian]

CPS involvement can be considered as part of Good Moral Character, but it will take a lot more than having them drop by for a chat.

On the homeschooling front, have you considered contacting HSLDA?

 

[Jackolantern]

Is family court / child protective services issues things that can lead to a denial of a N-400?

Even if CPS action results in denial or delay of your N-400, you'll still keep your green card unless they can get a criminal conviction against you. The burden of proof for a criminal conviction is a lot higher than what is required for CPS intervention.

 

[WBH]

Is there any question on N-400 that ask for CPS intervention? If not, why bother?

 

[TNWorried]

CPS involvement can be considered as part of Good Moral Character, but it will take a lot more than having them drop by for a chat.

On the homeschooling front, have you considered contacting HSLDA?

We're part of HSDLA. But the rumors have apparently evolved beyond the homeschool issue to claims of people "know" we neglect and/or abuse the kids or "a friend of a friend told "so and so" who told them that <insert claim>". It's gotten to the point that we're looking into moving to get any peace. We're not the first family this has happened to in our community, nor would we be the first that had their kids temporarily removed/end up in family court cause of nonsense stirred up by a certain group of people recently moved in.

Even if CPS action results in denial or delay of your N-400, you'll still keep your green card unless they can get a criminal conviction against you. The burden of proof for a criminal conviction is a lot higher than what is required for CPS intervention.

For CPS involvement to cause a denial, there would have to be criminal charges, yes? Even a temporary removal or ending up in family court wouldn't be enough, so long as no criminal charges were pressed. And if an application is denied you can always reapply after a time and try again, correct?

 

[Jackolantern]

For CPS involvement to cause a denial, there would have to be criminal charges, yes?

They can deny naturalization for failing to pay child support even if no criminal charges were filed, so I expect they can also deny naturalization because of children having been taken away by CPS without criminal charges, or at least delay your naturalization process until the CPS case is resolved.

And if an application is denied you can always reapply after a time and try again, correct?

Yes, unless you have been convicted of a deportable offense or otherwise lost the right to keep your green card (such as by staying outside the US for too long).

 

[Jackolantern]

We're part of HSDLA. But the rumors have apparently evolved beyond the homeschool issue to claims of people "know" we neglect and/or abuse the kids or "a friend of a friend told "so and so" who told them that <insert claim>". It's gotten to the point that we're looking into moving to get any peace. We're not the first family this has happened to in our community, nor would we be the first that had their kids temporarily removed/end up in family court cause of nonsense stirred up by a certain group of people recently moved in.

Let me guess: You and/or your spouse are not the same race as the people in the community who are stirring up that nonsense?

 

[Jackolantern]

Is there any question on N-400 that ask for CPS intervention? If not, why bother?

There is a question about one's children and where they're living. If they're not living with the applicant because they're in foster care, that could lead to questions about CPS intervention.