Q: Can N400 be approved if asylum case is pending?
I have applied for naturalization through marriage, and my N400 application has been pending for two weeks. I also have a separate asylum case pending, which I did not mention in my N400 application. I have not received any updates regarding either case. Can an approved decision be made on my N400 case while my asylum case is still pending?
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A:
Your situation involves two separate immigration processes that could potentially affect each other. Having a pending asylum case while applying for naturalization isn't automatically disqualifying, but not disclosing it on your N-400 form raises concerns. Immigration officers review your entire immigration history during the naturalization process and will likely discover your asylum application.
This omission could be interpreted as a lack of candor or misrepresentation, which may impact the good moral character requirement for naturalization. The fact that both applications represent different legal bases for remaining in the United States might prompt USCIS to question your intentions. You might be asked about this discrepancy during your interview, so prepare to explain why you didn't include this information.
Consider consulting with an immigration attorney immediately to discuss your options. You might need to update your N-400 application with this information before your interview. While having concurrent immigration applications isn't prohibited, transparency with USCIS is crucial for successful outcomes. Immigration officers prefer applicants who are forthcoming about their full immigration history, and addressing this matter proactively would likely be viewed more favorably than waiting for them to discover it.
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