Immigration Corner | Should my husband file for his citizenship?

Dear Mrs Walker-Huntington,

My husband has been a US green card holder since November 2011. However, he would like to apply for his citizenship but is reluctant to do so due to an issue with child- support arrears.

Can you advise him [us] on how or if he should proceed with the application?

Your assistance will be greatly appreciated.

KR

Dear KR,

Eligibility for US citizenship is:

1. Permanent residency in the US for five years (three years if residency gained through marriage to a US citizen and you remain married to and living with the US citizen.)

2. No absence from the US for six months or more.

3. Total of all absences over the relevant period must not exceed half the relevant period.

4. Be a person of good moral character, i.e., file your yearly income tax returns, show proof of paying child support if you are obligated to do so, and if you have ever been arrested. You should consult with an immigration lawyer before filing for your citizenship, etc.

5. At the interview, the applicant must demonstrate knowledge of English and pass a US civics test.

My first question is whether his matter is/was before the court. If his matter was before the court, he should be able to obtain his payment records to show how much he owes. The next question is whether your husband is currently paying his arrears. If he is meeting his obligation and provides proof, he should be fine. However, if he is not paying his support obligations, then he will not pass the Good Moral Character test.

If the matter is/was not before the court, but he is now paying his obligations to the mother of his child, he should produce evidence of the payments that cover current and past support. He should also produce a sworn affidavit from the child’s mother that indicates that he is indeed paying his current and past support obligations.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com