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When it comes to acquiring U.S. citizenship, most people understand that certain issues, such as criminal convictions, immigration fraud, and violating voting laws, can lead to the denial of their application. But many are unaware that unpaid child support can also significantly impact their ability to naturalize in the U.S.
How Can Unpaid Child Support Payments Affect Your Naturalization Process?
When parents are no longer together, U.S. federal laws require the noncustodial parent to pay a reasonable amount of child support to the parent primarily responsible for raising the children. This requirement is based on the principle that parents are both morally and legally obligated to financially support their children until they reach the age of 18. The amount of financial support is typically determined by the noncustodial parent’s income, among other factors.
The court systems and agencies that monitor child support payments may penalize non-compliant parents by withholding tax refunds or garnishing wages, among other measures. In severe cases of child support violations, a parent may even face jail time.
If you are a noncustodial parent seeking to become a U.S. citizen but have failed to pay child support in the past or present, it can derail the naturalization process. The N-400, Application for Naturalization, includes a question asking parents if they are providing support for their child. If you have a court order to pay child support and are not complying with it, you must disclose this information on the form, even if it may lead the U.S. Citizenship and Immigration Services to deny your application.
Why Does Unpaid Child Support Affect the Naturalization Process?
Along with certain offenses, crimes, and immigration-related fraud, unpaid child support can be considered a good moral character issue. If you are a noncustodial parent and not making the required child support payments, the USCIS may view you as lacking good moral character. Even paying less than the required amount can delay your application process or bar you from naturalization.
What Evidence Can You Provide As Proof of Child Support Payments?
If you are a noncustodial parent applying for naturalization, you must provide evidence to the USCIS that you are making the required child support payments. Be sure to gather the necessary documents before your naturalization interview, as being unprepared can delay your ability to naturalize or even lead to a denial.
Evidence can include a combination of the following:
- Payment receipts – showing regular and ongoing payouts clearly noted as child support payments
- Bank statements – showing the custodial parent’s name and the regular child support transactions
- Court orders – showing the amount you are legally required to pay
- Statements or payment history from child support enforcement agency – if you are making payments through an agency
- Affidavit from custodial parent – attesting to the fact that the noncustodial parent is making child support payments
Facing a job loss or serious illness, among other issues, can leave a parent without the ability to pay child support. If this is your situation, you must prove to the USCIS that there were extenuating circumstances impacting your ability to make these payments. This will mean providing evidence to support your claim.
If you are wondering how your history of child support payments may affect your naturalization process, or you have questions about another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
