Citizinship after taking voluntary departure in 2005

[berniefl33 0]

Hi everybody

I just got my 10 yr permanent resident card in July. I can apply for citizenship in October of this year. In 2005 I overstayed my visa and arrested . I took voluntary departure and left the USA in my own time because that's what voluntary departure means and they gave me 30 days with no ban.. I came back to the USA a little while later and got married to a us citizen.. The rest is history. I got my conditional card and now my 10 yr card. I was honest on all my immigration paperwork when I filed.. So the question is how will this effect my us citizinship?? I have not been arrested since..All advice will be appreciated..

[berniefl33 0]

Anybody????

[jsnearline 2]

The N-400 application Part 10 Section E has questions about Removal, Exclusion, and Deportation proceedings. You'lll have to answer "yes" to any of these questions that apply to your situation and be prepared to answer questions about it at your interview. I would think being able to show proof that you left the US within the voluntary departure limit they gave you would help. If you're worried about it, you may want to consult an immigration attorney before you apply.

[berniefl33 0]

What happens if you get denied citizinship,, can u still keep getting your 10 yr card renewed every 10 yes or do you lose that too once citizenship is denied or is that a separate thing???

I do agree though, I think showing that I left the USA on time and have no other criminal records I should be able to gain citizenship

[jsnearline 2]

What happens if you get denied citizinship,, can u still keep getting your 10 yr card renewed every 10 yes or do you lose that too once citizenship is denied or is that a separate thing???

It depends on the reason for the denial. If they find that they gave you the green card in error, they can revoke it.

[berniefl33 0]

i dont think that happens often though, i mean taking back your card----if you are honest in all your paperwork and they still give you your card then i dont see why they can take it back--

[Brother Hesekiel 2,236]

Bernie,

voluntary departure is what it says: voluntary. It's like your boss telling you he doesn't want to fire you, but expects you to find your resignation on his desk by the end of the month. It in no way will effect your employment record negatively, nor will it effect your ability of becoming a USC.

More to the point, when you adjusted status after your marriage, you got a clean sheet. When they allowed you to become a permanent resident of the US, giving you a GC, they gave you the green light for citizenship as well. The only thing you can't do is commit certain crimes.

Edited July 21, 2009 by Just Bob

[berniefl33 0]

Thanks bob I'm glad to hear that,,appreciate ur help and guidance

[berniefl33 0]

Hey bob

I'm sure they will ask me about the voluntary departure in the us citizenship interview won't they? But I guess I will be honest and lay my cards on the table,but like u said o should be okay otherwise they wouldn't have given me by 10 yr card,,

[Stella08 0]

I would make sure that you have plenty of proof of a bona fide marriage with you when you go to your interview.

First you had an overstay and then you entered the country and probably got married a kind of fast (I doubt you had a K1 or K3). This could lead an IO to the conclusion that you had set your mind on immigrating to and living in the US permanently, no matter how. It sounds that you are planning to apply for US ciitzenship the minute you're eligible and an IO might want to make sure that your marriage is not just a way to gain permanent entrance to the US and citizenship, but that it's real and you won't get divorced as soon as you reached your goals.

Of course, you never know what an IO thinks and what he decides. But as I said, I just would make sure to have plenty of proof on my hands. Too often do we read about cases where an IO can't make a decision at the time of the interview. You want to avoid that if possible.

[berniefl33 0]

Thanks stella

I have plenty of evidence of a bonafid marriage as I am still married to the same woman, but I might wait a little longer to apply for citizenship, just in case,, thanks for you input and help