If you want to go through the naturalization process and become a U.S. citizen, there are certain requirements you must meet. The USCIS takes citizenship very seriously and will look for specific things in every application to determine who is eligible and who isn’t. Child support and citizenship are two things that can go hand-in-hand when it comes to your chances of approval. So. keep reading to find out how child support can affect your citizenship application and how the USCIS views child support requirements.
Why Child Support Matters in Naturalization Cases
The main way that child support affects your chances of citizenship is the naturalization good moral character requirement. This is a basic standard that generally shows that the individual applying for citizenship has demonstrated good moral character and is a good candidate.
To determine good moral character, the USCIS will look back at the past five years. However, for those married to a U.S. citizen, this evaluation period will often be reduced to three years. The USCIS has also altered how it determines good moral behavior, putting a stronger focus on evidence of good behavior, rather than the absence of poor behavior.
Here are some examples of evidence of good moral character that the USCIS will consider:
- Family caregiving responsibilities
- Educational achievements
- Compliance with U.S. laws
- Compliance with tax obligations
- Stable employment history
- Sustained community involvement
Because of this standard, the USCIS will also look into any child support obligations you may have. If you are current, this would be evidence of good moral character. However, if you owe child support, this could damage your application.
What the USCIS Will Look For
It’s important to understand that owing child support doesn’t automatically disqualify you from naturalization eligibility. However, it can be a significant contributing factor if your application is ultimately denied. Whether or not this is the case will depend on each unique situation.
Firstly, here is an overview of what the USCIS will look for if you have submitted your form N-400 application and have child support obligations:
- Current child support status
- Payment history
- Court-ordered arrears
- Payment plan compliance
You should be prepared to provide any additional information that the USCIS requests, making sure that everything you provide is up-to-date and entirely accurate.
Notifying the USCIS About Missed Child Support Payments
When you answer the N-400 child support questions, you need to answer honestly. It can be tempting to stretch the truth, especially if you owe a substantial amount but this is never a good idea. You have to remember that the USCIS will look into any information you provide to determine whether or not it is accurate.
The specific question you will be asked is if you have failed to support a dependent. So, if you have missed any child support payments, you will usually need to answer yes. And when you do this, you should attach a document explaining why this is.
If you missed payments more than five years before you apply for naturalization, the USCIS may not penalize you for this. Because of this, you may want to consider postponing your application if this is possible for your situation.
Whether you are up-to-date on your child support payments or have fallen behind, it’s crucial that you get the help of an immigration attorney. An attorney can help you with the citizenship application process, ensuring you submit a strong application with all of the required information.
How to Improve Your Position Before Filing
Owing child support is not a great situation to be in if you are getting ready to apply for U.S. citizenship. However, this does not mean that your application doesn’t stand a chance of approval. It simply means that you will need to go above and beyond when proving that you meet the eligibility criteria for good moral character, regardless of this fact.
To accomplish that, there are a few things you can do to improve your situation for when the USCIS evaluates your case:
Catch up on payments: The best thing you can do if you have unpaid child support is to simply catch up on the payments that you owe. Doing this will show the USCIS that you are serious about maintaining your obligations and will continue to do so moving forward.
Ask for a modification: If you have legally binding child support obligations that you are unable to meet, you need to ask the court for a modification. A modification can adjust how much child support you need to pay so that it is more realistic for your living situation and income.
Gather documentation: Especially when you attend your immigration interview, there are certain documents you need to bring to support your case. This includes court orders and payment records, as well as other financial documents that can provide proof of why you were unable to make your payments.
Before you try any of these solutions, you should first get help from an immigration attorney. They will have a better idea of the strategy you should use to improve your situation before applying. An attorney could also help you potentially avoid penalties for falling behind on child support.
Hire an Immigration Attorney Today
Are you worried about your naturalization eligibility if you have child support obligations? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Will unpaid child support automatically result in denial?
No, but it will be a red flag to the USCIS and can increase your risk of denial if there are other issues with your application.
Should I disclose child support obligations on my application?
Yes, you must disclose any legal obligations you have, such as child support, when you file form N-400.
Can a payment plan help my case?
In situations where you have child support obligations and you have a history of complying, it is very possible that this could improve your chances of being approved for citizenship.
