When assessing applications for U.S. citizenship, immigration is going to do a thorough background check on the applicant, which typically involves reviewing their prior green card application.
As such, they may ask questions that pertain to previous applications, which is something that’s happening a lot more often these days.
Lawyer’s Tips to Help in a Succeeding Immigration Application
The immigration service has the right to ask an applicant questions about their previous applications. They may ask how the green card was received and in the case of marriage-based applications, for example, whether or not the applicant is still married to a U.S. citizen.
Immigration can even go as far as questioning the legitimacy of the information provided in a previous green card application. To satisfy their requirements, it’s helpful to follow these tips:
Never Lose Any Paperwork
Proving any fact or information provided in a prior application can get tricky because the evidence can disappear, get stale, or get lost. But it’s very important that in succeeding applications, the applicant has all the documents pertaining to their previous applications in case immigration asks for them.
Green card holders who will apply for naturalization down the line should keep all paperwork in a safe place for use in succeeding immigration applications.
For I-140 Petitions, Think Carefully About Changing Jobs
The most pressing questions from immigration are usually asked in case the applicant has a prior I-140 petition or employment-based green card.
The I-140 does not require the applicant to work at the specific company that sponsored them. They can very well leave the company the very next day after receiving their green card, which is allowed by the constitution.
But this could raise suspicions from immigration. They could wonder if the job offer was bona fide or if the applicant had actual intentions to work for the sponsoring U.S. employer.
Because of this, I-140 applicants must think very carefully about when they decide to leave the sponsoring company and change jobs. While they have every right to do so when they please, they should consider the implications their decision might have on their succeeding immigration cases.
What to Do If These Issues Arise in an Immigration Case
Immigration is starting to ask more questions about previous applications. And in the long period of time that has passed since then, it’s easy to forget information or lose evidence that can help a succeeding immigration case.
If these issues pop up, an applicant should speak to an immigration attorney to help them navigate the process and ensure a successful outcome.