Saranac, NY Immigration Law Firms & Lawyers

Got arrested for what in particular? What hapened in court? Any convictions? What would be the basis for green card application? Consult with an attorney,  as details are importnat.

A U.S. Lawful Permanent Resident may become eligible to file an application to become a naturalized U.S. citizen as early as 90 days before reaching 5 years from the date he became a Permanent Resident, and this is true regardless of whether he may have a pending divorce case or even a concluded divorce. Note that if you obtained your Permanent Resident status by virtue of being married, such as would be the case if your wife was the primary applicant and you were the derivative beneficiary in the process by which you both became Permanent Residents, then the USCIS could inquire to see that your marriage had been bona fide notwithstanding that it ended in divorce. With a child together, as shown by both parents on the child's birth certificate, I would anticipate that showing the bona fide nature of the marriage would be relatively straight-forward. There are other requirements for naturalization eligibility and it would be wise to work with an immigration attorney for the application process.

Generally, the USCIS is aware that people can withdraw a pending naturalization application for many reasons that have nothing to do with technical eligibility for naturalization. In adjudicating a future naturalization application, the USCIS adjudicating officer certainly will be aware that you had previously filed an application and then withdrew it, and depending upon the issue(s) that prompted the RFE, the same issues may receive heightened focus, but a future application will be adjudicated based upon legal eligibility. As you may recognize, RFEs generally are issued where an applicant failed to supply required documentation. It would be wise to engage an immigration attorney who, after learning all of the relevant details about you, including the details about the recently issued RFE, would be able to assure that your case is prepared and filled with 100% of the required documentation. That should avoid delays, RFEs and adverse adjudications.