Featured News 2013 Public Benefits and Eligibility for Citizenship

Public Benefits and Eligibility for Citizenship

An application for U.S. citizenship will have to include proof of several things. One of these is that you have been in the country for long enough, and that you have done so while a lawful permanent resident. You also have to establish that you have "good moral character". Can this criterion be affected by receiving public benefits? It depends, but usually no. Read on to learn how public benefits could affect naturalization and admissibility to the United States.

First of all, we need to distinguish between the requirements for admissibility versus the criteria for naturalization. Back when you applied for a green card, it mattered whether or not you had received public benefits before, or if you were probably going to need these in the future, thus becoming a "public charge". If officials think that someone would become a public charge, then they could declare that person inadmissible to the United States, disqualifying them from becoming a lawful permanent resident. People who immigrate through relatives need financial sponsors for this reason.

The thing is, once you have your green card and are a lawful permanent resident, being a public charge does not matter anymore. What matters is not the benefits themselves, but how someone went about receiving these benefits is of great importance. For example, you could be disqualified from naturalization if you received public benefits illegally. If you get or used to get public benefits legally though, you could still be disqualified if you were overpaid and have still to pay back that debt. Either of these scenarios could mean that the good moral character aspect of the naturalization application is left unfulfilled.

The tricky thing is that people can collect benefits they shouldn't through a simple accident. As an example, there are some government benefits that necessitate that people notify them whenever they leave the United States for 30 days or more. That way, the agency will stop sending benefits, such as food stamps, to someone who is not even going to be in the country for a while. The problem is when people are unaware of this rule; if you left the country for at least 30 days and did not let the agency know, then you could lose eligibility for those benefits. Unfortunately, this innocent mistake can also mean losing eligibility for naturalization.

Now you have to put down your work history in the last five years when you complete an application for naturalization. You also have to put down every single trip you took during the time that you were a lawful permanent resident. Sometimes, an immigration officer will notice from this information that you were on public benefits, and while you gone from the country for at least 30 days. An officer could ask if you asked for these benefits to stop while you were gone from the country. If you didn't, then this could move your naturalization interview into a sticky situation.

Do you think there is a chance that you got public benefits that you were not supposed to? This is something that you want to consult an experienced immigration lawyer about. Together, you can determine whether or not your benefits were legally received. If all your public benefits were in fact legal, then these benefits will do absolutely nothing to your naturalization application.

Then you can talk with your lawyer about whether or not you meet the other requirements for citizenship. This legal expert can also inform you about the rest of your application, about the different tests on U.S. history and civics you will need to take, and also the interview itself. Look through our directory for the legal counsel you need today!

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