questions about citizenship and status

S

savithari

Registered Users (C)
Folks,

Happy holidays to all of you.

This is a question for my colleague Roger who wants me to ask this.

He is a Green card holder since Feb 8 2002. He is now eligible to apply for his Citizenship. No problems since he got his GC.

In 1996 before he got his H1 he thinks he might have been undefined status for about 2 weeks due to the lawyer not filing for H1 on time. Time between LOC and H1 application was about 2 weeks.

Later he got his 797 and his H1 visa stamped at a consulate and then subsequently got his Green card .

Question is:

Do you think he needs an attorney or he can do the application himself ?

Do the INS officers look at everything since you arrived (criminal I understand) or just the past 5 years only ?

Does a status issue before Green card work against you ?
-S
 
Simple..

savithari said:
Folks,

Happy holidays to all of you.

This is a question for my colleague Roger who wants me to ask this.

He is a Green card holder since Feb 8 2002. He is now eligible to apply for his Citizenship. No problems since he got his GC.

In 1996 before he got his H1 he thinks he might have been undefined status for about 2 weeks due to the lawyer not filing for H1 on time. Time between LOC and H1 application was about 2 weeks.

Later he got his 797 and his H1 visa stamped at a consulate and then subsequently got his Green card .

Question is:

Do you think he needs an attorney or he can do the application himself ?

Do the INS officers look at everything since you arrived (criminal I understand) or just the past 5 years only ?

Does a status issue before Green card work against you ?
-S
Click to expand...


His case appears to be simple and straight forward to me. How did he procure his greencard? If it was through marriage, then he should be fine as those indiscretion are forgiven by USCIS. He doesn't have any DUI, terrorist threat or beating of his wife, he is fine.

The key to most applications is not be a moral wreck-defined as a drunkard and got arrested for it, shoplifter, DUI fanatic, law breakers as these will severely damage your ability to be a US citizen. :confused: After your citizenship, you can actually be a habitual drinker, smoke weed and kill a deer and mail it to the white house, your citizenship will never be revoked... :o

He can do the application by himself, no need to hire a lawyer, unless he expects to get a DUI during the Xmas season, no need for counsel... :D
 
Thanks for the reply.

NO DUI. He does not do alchol, drugs or cigarettes.

He is not in the marriage category. He got his Green card through the Employement category of EB2. He is a simple straightforward guy thats why as you can see I am asking his questions.

Do the INS folks see the history before GC or only after GC ?

-S
 
As far as I know, the USCIS knows everything about us - I worked on that assumption when filling out our N-400s.

Tell you friend to assume they know everything he has ever done (every time he's crossed the border, every ticket he's ever had, whatever). Remember, you are dealing with the computer systems of several large government organizations (the various bits of what used to be the INS, the FBI, etc).

The important thing is to be completely truthful.
 
Thanks Flydog,

I agree with you that it is better to assume that they know everything. The question is as per the procedures can the status thing be an issue for the citizenship.

On the app form there is nothing about anything before 5 years. Hence I ask. Regarding tickets

a. Unable to show original Drivers License.

b. Failing to stop at a Stop sign.

c. Improper parking in front of house (fine reduced)

d. Speeding ticket in 1995.

-S
 
Hello,

I am not so sure they care about this potential out of status situation. The issues of status are so complicated that I am not so sure even the immigration officers know all the corner cases. I would say that two weeks of potential out of status (the post seems to indicate it is not even sure) is a non-issue. I don't think there is a field in the form to indicate any of this, and my bet would be it wouldn't be brought up on an interview.

My 2 cents.
 
Since he never had intent to be out of status, I would say the best thing to do is not worry about it unless that specific question comes up at interview. The only slight glitch is maybe he should have been registered for selective service during that two week window.
 
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