Legal Question in Immigration Law in New Jersey

Can I loose my Green Card or be denied Citizenship because once I entered the country as a tourist while I had a pending Green Card Application? I lived in the U.S. since 1987 on tourist and student visas for almost 8 years. In 1999 I was denied a 4 year old application for political asylum and left the country within 120 days of voluntary departure. When I left, I was a Peruvian Citizen married to a U.S. Citizen and I had a pending application for adjustment of status to U.S. Resident. Three months later, in 1999, I obtained Italian Citizenship and came back to the U.S., entering as a tourist without mentioning in the I-94 that I had a pending application for Residency. I stayed in the country until I got my Green Card in 2001. I was married for 10 years and now I am divorced. I would like to apply for citizenship before my green card expires in 2011, but not before consulting with an Immigration attorney if my last entry before I got my green card could get me in trouble. I have traveled abroad 4 times since 1999. Thanks.


Asked on 2/26/10, 12:04 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Yes, I agree that you should consult with a knowledgeable immigration attorney before applying for citizenship. The right way to do so would be in private (in person, telephone, email) and not through a public web forum. You need to clear all outstanding issues and make sure that you are not removable before applying for Naturalization.

How did you obtain Italian citizenship in 3 months time, if prior to that you lived in USA for many years (from 1987 till 1999)? In your application for adjustment of status in 1999, did you dicslose your previous removal proceedings and grant of voluntary departure, and your living in USA as a Peruvian citizen? etc.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

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Answered on 3/03/10, 7:47 am


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