Citizenship - overstayed as visitor in the past

A

Allen78

New Member
Hello,

I tried to search the web for similar case but I could not find one. I lived here in California for about 12 years now; came here as a tourist with visitors VISA in 1997 and overstayed. Work undocumented from 1997 to 2004. I got married to US Citizen and got my GC in 2005. And now that I am applying for Citizenship, I am worried that they might give me hard time and judge my moral character based on overstaying and working as illegal immigrant. Though I did not have work authorization during the years before I got my GC, I always filed my tax and never been arrested or accused of anything in the court of law. I also never left the US since 1997.

Now my questions are;
1) Can USCIS deny my application based on my past history of overstaying with expired visitor visa?
2) Would they ask about my past on how I was able to work without documents?
3) What is my chance of getting approved for US Citizenship based on the information I provided?:confused:

Thanks,
Allen

10-02-09 N400-Mailed
 
not an expert, so just my opinion/strong guess:
1) yes
2) yes
3) what do you mean "based on the information I provided"? which information?

so when you got your GC, you never disclosed about overstaying and illegally working?
if that's the case, your GC was also obtained dishonestly- they will not be kind to that-
 
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Your best bet is to wait for 2 more years and then apply as an LPR with 5 year residency. Your past before 5 years will not come up in the N-400 application process (unless you received any citations/had any arrests, etc.).
 
nkm, question to your post, does that uscis only check background up to 5 years before? I saw another post here that the person was even asked about the company worked before entering US. just curious.
 
onthesky said:
nkm, question to your post, does that uscis only check background up to 5 years before? I saw another post here that the person was even asked about the company worked before entering US. just curious.
Click to expand...

I think they will certainly conduct FBI background checks that goes beyond 5 years. But that is only for criminal matters. FBI doesn't get involved in immigration violations (unless other crimes are also in the picture).
 
Allen78 said:
Hello,

I tried to search the web for similar case but I could not find one. I lived here in California for about 12 years now; came here as a tourist with visitors VISA in 1997 and overstayed. Work undocumented from 1997 to 2004. I got married to US Citizen and got my GC in 2005. And now that I am applying for Citizenship, I am worried that they might give me hard time and judge my moral character based on overstaying and working as illegal immigrant. Though I did not have work authorization during the years before I got my GC, I always filed my tax and never been arrested or accused of anything in the court of law. I also never left the US since 1997.

Now my questions are;
1) Can USCIS deny my application based on my past history of overstaying with expired visitor visa?
2) Would they ask about my past on how I was able to work without documents?
3) What is my chance of getting approved for US Citizenship based on the information I provided?:confused:

Thanks,
Allen

10-02-09 N400-Mailed
Click to expand...

I'm surprised you have already mailed your N-400 before consulting anyone here and am also assuming that you did not hire an attorney for the process. I am not an expert but you should have at least posted this question a few days in advance and evaluated the pros and cons before sending in your application. nkm has already pointed out that it would have been best to wait at least 2 years before applying. Although I believe that your application would be denied even after 2 years but at least you would have had a better shot at it.

If I were you I would wait for a response from the likes of Bobsmyth, Johnnycash, Jackolantern etc and hold on to your application if you have not actually mailed it or check if you can ask USPS or your courier to hold/recall delivery. IMHO you are likely to have a really tough time getting an approval; now or in the future. I doubt they would actually deport you but you should let the pros explain whether overstaying for 7 years falls under any category where they could potentially initiate such proceedings in the future and how to best avoid or deal with it.

Did you file your taxes before 2004 even though you were illegal in the US? Also, can we assume that you disclosed everything related to your overstay when you filed your GC? Sorry did not really mean to scare you but its always better to be safe and confirm things first when it comes to USCIS.
 
Allen78 said:
Hello,

I tried to search the web for similar case but I could not find one. I lived here in California for about 12 years now; came here as a tourist with visitors VISA in 1997 and overstayed. Work undocumented from 1997 to 2004. I got married to US Citizen and got my GC in 2005. And now that I am applying for Citizenship, I am worried that they might give me hard time and judge my moral character based on overstaying and working as illegal immigrant. Though I did not have work authorization during the years before I got my GC, I always filed my tax and never been arrested or accused of anything in the court of law. I also never left the US since 1997.

Now my questions are;
1) Can USCIS deny my application based on my past history of overstaying with expired visitor visa?
2) Would they ask about my past on how I was able to work without documents?
3) What is my chance of getting approved for US Citizenship based on the information I provided?:confused:

Thanks,
Allen

10-02-09 N400-Mailed
Click to expand...

1- Probably not. You became permanent resident despite overstay.

2-No

3- The only issue that could come up is SS registration. Depending on how old you were when you entered the US, you might have been required to register for SS when you became illegal. But again if you are more than 31 years old now, no worries.

As long this is a bona fide marriage, and you have been paying taxes (at least since becoming LPR) you should be OK.


FF1
 
Washburn27 said:
so when you got your GC, you never disclosed about overstaying and illegally working?
if that's the case, your GC was also obtained dishonestly- they will not be kind to that-
Click to expand...

It would not have been possible for the OP to get a GC without disclosing that he overstayed a visa and was out of status.

However, for immediate relatives (such as spouses) of U.S. citizens, the law allows them to adjust status to an LPR even if they are in the country illegally. I am pretty sure that this is what was done in the OP's case.
 
The bottom line , there are risks. Form members already highlighted a few.

It appears that you never disclosed you illigal stay during GC process. USCIS does not know about it via GC process to say that you have been already "cleared".

If you follow the letter of law per questions from Moral Character section, especially, 23 and 24:

23. Have you ever given false or misleading information to any U.S. government official
while applying for any immigration benefit or to prevent deportation, exclusion or removal?

Technically correct answer is Yes. As you should have disclosed your illegal stay via and during I-485 /GC process.

24. Have you ever lied to any U.S. government official to gain entry or admission into the
United States? Yes No

Technically correct answer is Yes.

Now, some may say this is "old and cold" case...if there was a problem USCIS should have detected it during GC process. However, you need to keep the two things in mind:
a) a new technology (better connectivity different databases: IRS, SSA, USCIS, etc)
b) higher moral character standard for USC applicant than one for GC applicant

Perhaps. i fully agree with the previous post that you should have consulted with the forum and perhaps get an attorney...now whatever is done is done.

It is still not too late to consult with the attorney....
 
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DreamUSA said:
It appears that you never disclosed you illigal stay during GC process. USCIS does not know about it via GC process to say that you have been already "cleared".
Click to expand...

I am pretty sure that you are incorrect about this. The OP stated that he never left the U.S. since 1997 and that he got a GC in 2004 through marriage; this means that he used adjustment of status rather than consular processing.

In his I-485 application he would have had to disclose his current status in the U.S. at the time as well as past immigration history and INS/USCIS would have checked this info. He had no legal status in the U.S. at the time so the only possible thing he could have written there was "out of status". For people present in the U.S. legally an I-485 application requires providing copies of valid I-94, visa stamps etc and such information is checked and verified before I-485 is approved.

Moreover, the law does allow (absent other disqualifying factors such as criminal convictions) adjustment of status to that of an LPR for spouses of U.S. citizens EVEN if they are present in the U.S. illegally. So the OP did not have a reason to conceal his visa overstay and out of status situation at the time of the GC application.
 
baikal3 said:
I am pretty sure that you are incorrect about this. The OP stated that he never left the U.S. since 1997 and that he got a GC in 2004 through marriage; this means that he used adjustment of status rather than consular processing.

In his I-485 application he would have had to disclose his current status in the U.S. at the time as well as past immigration history and INS/USCIS would have checked this info. He had no legal status in the U.S. at the time so the only possible thing he could have written there was "out of status". For people present in the U.S. legally an I-485 application requires providing copies of valid I-94, visa stamps etc and such information is checked and verified before I-485 is approved.

Moreover, the law does allow (absent other disqualifying factors such as criminal convictions) adjustment of status to that of an LPR for spouses of U.S. citizens EVEN if they are present in the U.S. illegally. So the OP did not have a reason to conceal his visa overstay and out of status situation at the time of the GC application.
Click to expand...

I fully agree with you. if OP disclosed his/her full immigration story via I-485 (AOS) process.... I was NOT suggesting that OP would have been inadmissable for I-485 because of prior illegal stay. Based on the tone of the posted questions, I was drawing conclusion that OP did not disclose those via GC process.
 
Allen78 said:
came here as a tourist with visitors VISA in 1997 and overstayed.
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There was a case posted here recently where USCIS had gone back as far as 1995 records for entry and exit to the country.

I can't recall the outcome but if you have already sent in the N-400 you have two main options.

1:
Wait and see.

2:
Lodge a withdrawal of the N-400 and consult with an immigration Lawyer before lodging again. Or, maybe consult an immigration Lawyer before lodging the withdrawal.

If you read some recent threads here for actual denials, you would be well advised to declare everything truthfully. Getting caught out may be a deportable issue.
 
USCIS granted your green card while obviously knowing about the out-of-status issues. Now that you have a GC being out of status prior to GC approval becomes a complete non-issue for naturalization, unless there is something which you lied about during the GC process, or something that made you ineligible for the green card, or you were a male between 18-26 when you were out of status and you failed to register for Selective Service and you are still under 31. If you are female of any age, or a male over 31 now, stop worrying about it.
 
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I have been a student before I got married to my husband. I was over stayed for couple of month. During the AOS interview I told the officer about my status. We made sure our marriage through a ton of evidence and the IO was happy and approved. Once they approved mean they forgave you for the over stay. For my 1-400 interview the officer asked my several question regarding our life. He said we will make a decision later. I don't think that will be an issue since you are in 10 years PR status. But, you have to take your US spouse to interview incase if the IO want to see him/her and expect this will be an another AOS interview. Be optimistic, prepare, go through the application form several times, gather all your evidence of marriage. Nothing to worry, I don't think they will deport you unless you made a crime.
 
Allen78 said:
Now my questions are;
1) Can USCIS deny my application based on my past history of overstaying with expired visitor visa?
2) Would they ask about my past on how I was able to work without documents?
3) What is my chance of getting approved for US Citizenship based on the information I provided?
Click to expand...
1. NO
2. NO
3. 100%

Here a link to 73.6 Good Moral Character (GMC) that the field adjudicators use in regards to good moral character. If nothing applies you'll get your citizenship.

Try overstaying visitor's visa for almost ten years, being deported, returning as as permanent resident after approval of waivers (I-601/I-212) and still getting citizenship with no problems.

Cheers.
 
Allen78 said:
Hello,

I tried to search the web for similar case but I could not find one. I lived here in California for about 12 years now; came here as a tourist with visitors VISA in 1997 and overstayed. Work undocumented from 1997 to 2004. I got married to US Citizen and got my GC in 2005. And now that I am applying for Citizenship, I am worried that they might give me hard time and judge my moral character based on overstaying and working as illegal immigrant. Though I did not have work authorization during the years before I got my GC, I always filed my tax and never been arrested or accused of anything in the court of law. I also never left the US since 1997.

Now my questions are;
1) Can USCIS deny my application based on my past history of overstaying with expired visitor visa?
2) Would they ask about my past on how I was able to work without documents?
3) What is my chance of getting approved for US Citizenship based on the information I provided?:confused:

Thanks,
Allen

10-02-09 N400-Mailed
Click to expand...

You will be fine. Don't worry. When you got approved GC , you were forgiven about your overstay and work without permit.
 
Update

10-02-09 N400-Mailed
10-05-09 N400 Received
10-08-09 NOA Date
10-12-09 NOA Received
10-13-09 Check Cashed
 
Update

10-02-09 N400-Mailed
10-05-09 N400 Received
10-08-09 NOA Date
10-12-09 NOA Received
10-13-09 Check Cashed
10-19-09 FN Notice received
11-02-09 FP completed
12-03-09 Interview Letter
01-01-10 Interview Date - Wish me luck :)
 
Hi sorry i just joined in today and looking for the answer but cant seem to find it..i'll be having my US citizenship interview this 26th of january and on the letter i received theyre requiring a selective service registration which i failed to do so, since im not aware of it.. im already 31 and already got denied for citizenship last year because of this selective service, am i already qualified for with the 5 year of good moral or do i have to bring a letter of apology which is notarized stating that its an honest mistake and im not aware of t.. please assist me on this as i will be having my interview soon..
 
suncat said:
You will be fine. Don't worry. When you got approved GC , you were forgiven about your overstay and work without permit.
Click to expand...

Agreed. People USCIS isn't interested in the overstay/marriage based stuff anymore. That was all addressed in the AOS. If the IO didn't ask him about the overstay, he is not obligated to tell the IO anything that is not asked of him. Anyhow this is for citizenship so it doesn't matter.
 
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