Importance of unlawful status issues prior to GC for naturalization

Ravindra writes, "I am eligible for naturalization and am otherwise a perfect candidate.  The only minor issue that is bothering me is that before I became a permanent resident, there was a brief period of about six weeks that I did not have a valid H status as I was switching jobs.  Do you think this will be an issue?  Will it come up during the interview?  Since I never voluntarily disclosed this brief gap while my paperwork was being processed, does it mean that I might have provided false information in the past?  Should I hire an attorney to accompany me to the interview?

While the USCIS will look at your complete immigration and criminal history in the United States at the time of reviewing your N-400 application, they also work under the hypothesis that they should instead focus on your life as a permanent resident.  Unless something really stands out, they will typically not dig up past information.  It is generally believed that a thorough examination was already completed at the time of approving your GC.  If this brief lapse was an issue, it would have come up during the adjustment of status process.  Based on the dates that you filed the paperwork, it is probably reasonable to assume that if your file was received prior to expiration of one status, you are under lawful status while a decision is being made.  While you do not need to, but if you think having a lawyer accompany you will give you confidence and peace of mind, it would only be a few hundred dollars and that is so worth it considering what a big difference US citizenship can make.

Newer Post Older Post Home