K-Visas And Naturalization Denials

In this article, you will learn…

• Why someone might be determined ineligible for a visa,
• How to bring your fiancé’s children in under a K visa, and
• Why someone might be denied naturalization.

Is Anyone Determined Ineligible For A Visa?

Yes, there are people who are determined ineligible for a visa. These people may be determined ineligible due to…

• Criminal grounds,
• Prior immigration orders of removal,
• Visa fraud, or
• Other reasons.

There are different grounds of inadmissibility that can cause an individual to be ineligible. It’s all determined on a case-by-case basis depending on their immigration history, criminal history, and family history.

If My Fiancé Has Children, Can I Bring Them To The US As Well?

If your fiancé has children, you will be able to submit a separate petition and application for each child once the K1 visa has been approved.

When The Children Come Into The Country, What Visa Are They Coming In With?

The children of your fiancé will come into the country under the same K visa that their mom or dad has. If they’re over the age of 18 and married, that will automatically exclude them from applying. This is because they are past the time of being considered minors for immigration purposes.

Can Children Start Applying For Citizenship While They’re Young Or Do They Have To Apply For Citizenship After They’ve Turned 18?

A person is eligible for Naturalization if they are over the age of 18 and have been a resident of the US for at least 5 years.

My Petition For A Fiancé Visa Was Denied. What Do I Do?

If your petition for a Fiancé Visa was denied, you can always apply again. The key is to pinpoint the reason the for the denial. Sometimes, a visa is denied because a waiver is required either from criminal or immigration related grounds. Something in a person’s past can cause that person to become inadmissible. In that case that person can submit a waiver to be reconsidered.

What Is The Process Of Naturalization To The United States?

Naturalization is a process where a person that is a legal permanent resident becomes a US citizen here in the United States. The application is based on their…

• Time in the US,
• Knowledge of US History, Geography, Government etc, and
• Good moral character.

The application for naturalization is filed in the United States. Immigration will then require fingerprints and ask for any documents that they may need in addition to what was originally filed. The result of this process is a naturalization interview for the applicant at the local immigration office. That’s where the immigration and English tests will be conducted as well as the interview over the application. A decision on the application is usually made at this interview.

How Long Will It Take To Become Naturalized?

Normal case times are between eight to ten months from the time of filing the application to the time of having the interview depending on your local office.

What Happens If My Application Is Approved?

Once the application is approved, you will attend an oath ceremony. At the oath ceremony, the approved applicant will take the oath of allegiance to the United States. At that point, they will get their certificate of naturalization, which verifies that they’re now a US citizen.

Why Would Someone Be Denied Naturalization By The USCIS?

There are several reasons why someone might be denied naturalization by the USCIS. They could have any of the following issues in their record within the previous five years before the application:

• Criminal grounds,
• Past due taxes,
• Child support issues,
• Property issues, or
• Other issues raised with their good moral character.

Many of these issues can be anticipated and sometimes it may be advisable for someone not to file their application if there is a probability of denial. A person with potential issues can wait until 5 years have passed since the date of the issue to apply of naturalization.

If My Naturalization Gets Denied, Can I Reapply?

You can file a new application if you are denied, or you can request a re-hearing. There’s a form where you can request a re-hearing on a naturalization interview if you were denied at first. You can submit additional documents that you want immigration to consider or you can submit legal arguments indicating that the denial decision was incorrect.

If the re-hearing request gets denied, you can always apply again for naturalization. There’s no number of times that you can reapply, but you want to make sure that you’re able to overcome the reason for the denial when you reapply.

With the guidance of a skilled attorney for Immigration Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Immigration Law in South Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.