Uncertain about US Citizenship Application

[Califguy 0]

My mom is currently a Green Card Holder, she got her green card in 2006. Prior to that, he ran in to some trouble earlier. Came in to the US as a tourist in the early 1980s. She had to go back to the Philippines in the mid-1990s to care for her mother (who soon passed away). The only way to get back to the US is by using false identification, and she did so. All of these information was uncovered during the time that I petitioned her to become a permanent resident. We weren't sure if her case was going to be forgiven, but it was forgiven, and she was given Permanent Residency. Now that she has been a Permanent Resident for 5 years now, she's having 2nd thoughts about applying for US Citizenship. Her concerns (and mine as well) - what will she say if the interviewer asks about the false ID, and illegal reentry (using false ID). There is no denying that it took place. I'm not sure what to advise her other than convincing her that they might not ask that anymore because they've already uncovered that in the past.

Reason for possibly just keeping her Permanent Resident status vs. citizenship, she is able to travel almost anywhere with her green card, and is able to obtain benefits in the US. She did work nearly 20 years in the US after all. Any thoughts, advise? On why she should be confident in pursuing her US citizenship?

thanks!!!

[HeatDeath 430]

Don't just take my word for it, or the word of anyone on here - get a consultation with a good immigration attorney - it'll be a couple of hundred bucks very well spent! - but I think it should be ok for her to apply for citizenship.

The reason being that USCIS already know all this stuff. It will be right there in her file, which the interviewer will have read before the interview. She will likely get asked about it - the interviewer will give her every opportunity to lie about it and hang herself, but if she tells the truth all the way through, that part should't be a problem.

The immigration attorney will also be able to say whether her history could disqualify her based on the "good moral character" requirement - that's the only possible serious obstacle I can see.

The case is complex enough that you guys should not be making any irrevocable actions or choices based on free advice from an internet forum. Check with an immigration attorney, but I personally think there shouldn't be any serious problems.

[NickD 203]

Can't beat being born here to be a US citizen, even though both your parents are here illegally and have long criminal records. If you were to commit a crime, no fear of being deported if born here, you are a natural born US citizen. Always a ever existing fear if naturalized of being deported.

Also a major difference between becoming a LPR and US citizen, many on this board with forgiven grievances for LPR had that haunting them for the US citizen stage. This is greatly dependent on your field office manager, supervisors, and your IO. May just let it go, after all you did become a LPR, or make a huge issue out of it. Do you have a good working crystal ball?

You are permitted during your interview to have an immigration attorney with you, one that really knows immigration law, for the most part, just dealing with a federal agent that has yet to even read the immigration forms and instructions. You can call this a risk factor whether you want to try it on your own or have an attorney present with you. They won't pull any ####### if you have a good attorney that is on your side and knows the law. And that can be far cheaper than filing an appeal if the decision is on made in your favor.

I darn sure hired an excellent tax attorney at 350 bucks an hour for an IRS tax audit, this guy could put the agents to shame in knowing tax law and believe me, they were trying to pull all kinds of #######. But he looked over my tax returns first and said the IRS has no claim on me and that is how it ended up, owed them zero, but they were claiming tens of thousands of dollars in unpaid taxes. Without him, would have been dead meat.

So its not only finding a good attorney that believes in you, but one that would be present at your interview, if he doesn't believe in you, you are already dead meat.

But then you may get an IO that doesn't even make an issue out of it and will be out those attorney fees. All depends upon the risk you are willing to take., and that risk factor is a wild #### guess at best.

[Califguy 0]

At this stage, I don't blame my mom for wanting to just stay as a permanent resident. She is entitled to all the benefits that she's currently getting. Other than the false ID (which she admitted to), she has always been a law abiding individual. She paid her taxes when she was still working. She is now retired. And what makes her happy these days is being with us (her family in the US), and the yearly visits that she takes when she goes to the Philippines. I think staying as a Permanent Resident is not a bad choice. There will always be that "what if" lingering in our minds should she pursue US Citizenship (whether on her own, or with a lawyer). We never know what USCIS will do.

THANKS FOR ALL THE FEEDBACK!

[NickD 203]

She did miss out on SS disability payments, but those stop anyway at retirement age. USCIS says the most important part of being a US citizen is the right to vote. First election my wife voted for was a local where 95% ran unopposed. Second was an important presidential primary electron, but since we are not a key state and the last on the list, the candidates for president already have been selected, so why even vote? For the presidential election, popular vote does not count, and since we only have a couple of electoral votes, the candidates really don't care anything about us.

Wife still have to maintain her former countries citizenship and passport to visit her mom, but at least with a US passport, when coming back, we can wait in the same long line together. And they eased up on full body searches for drugs that she wouldn't even touch in a million years let alone try to sneak into this country.

Could remove that AR-11 and green card renewal notice from our refrigerator door, but that reminder for her foreign passport is still there. Oh, and her employer took her off the green card expiration date watch list, that was major for us and no longer problems with the DMV.