Lag on IRS payments mars citizenship hopes

QI am behind on the income tax payment agreement I made with the IRS. Can I nevertheless become a U.S. citizen? I just had my naturalization interview. Now U.S. Citizenship and Immigration Services is asking for proof that I am up-to-date with my five-year-old agreement. My husband and I have been paying as much as we can, but we are retirees and can’t seem to catch up. Denise Marks

AIt won’t be easy, but since you have already gotten so far in the process, it’s worth the trouble to try to convince USCIS that you deserve U.S. citizenship. USCIS views failure to pay income tax as lack of “good moral character” needed to naturalize. If you can’t get the IRS to modify your payment agreement, try to provide evidence that you are doing the best you can to meet your tax obligations. Include a detailed explanation, documented proof of your payments, your income over the past five years, your bank records, and explain you are a retiree.

My message to USCIS officers reading this column: If people can prove they are doing their best to meet tax obligations, the law finds they have good moral character. Give this lady a break!

QMy mother brought me here from Mexico after my father was killed. I was 9 years old. I entered on a visitor’s visa. I have five kids born here and the eldest will turn 21 in a couple of years. What are my chances of getting a green card? Gemita

AYour chances of getting a green card are excellent. Once your eldest turns 21, he or she can petition for you while you simultaneously apply for permanent residence. While the process is straightforward, it’s recommended to get legal help when the time comes.

Despite living here without lawful status, because you entered legally you qualify to interview in the United States for your green card. For this, your child must be 21 and a U.S. citizen when you apply.

Wernick is an attorney and director of the City University of New York’s Citizenship Now! project.