Stop Working before Green Card

[n400_issue]

I was laid off 6 months before i my GC got approved. After which I have never worked for 5 years, as spouse is currently working. My question is since my GC was employment based, will I be denied my citizenship. I have filed all taxes. Will the IO approve such a case and also for any reason will my GC be canceled by the IO. Please comment on this scenario.

[mario123]

I'm afraid to say this - you're in BIG trouble. Don't get me wrong - I don't mean to sound negative - it's just the blunt truth. OTH, if it was marriage based, you would have been okay - my wife was in the same position, except that she worked for about 3 1/2 yrs after getting her GC (which was marriage based).

My $0.02: Hire an attorney because there's all this stuff about AC21, etc. that you need to worry about. If you do a search on the board for AC21 you'll get your share of threads. My interview's GC stuff..

[JohnnyCash]

Having been working is NOT a requirement to be naturalized. So you have not worked for 5 yrs is NOT an issue especially when you are being supported by your spouse. However, your green card would be taken away. Why? Because you were laid off 6 months PRIOR to getting approval on your green card application. Even though it wasn't your fault if you were laid off but the fact still remain the same that you got your green card based upon THAT JOB; otherwise US govt. had no other reason to approve your application for green card.

My advice-Don't file for naturalization as of now. And since this issue will always be raised by USCIS whenever you would file an application for naturalization then you must need to consult with an immigration attorney whose expertise is in employment based immigration. Did you tell to USCIS about getting laid off from your job or notify them thru mail PRIOR to getting approved on your green card application? What was the nature of your employment upon which you were given the privilege of having green card? These are some of questions which are relevant in your situation. Keep it in mind that there are some exception wherein immigrants are still be allowed to keep their green card despite of loosing their job prior to getting approval on their green card application.

Good luck...

[n400_issue]

Spouse and myself already applied for N400 and we have interview on April 29th. Should I cancel my interview?

Having been working is NOT a requirement to be naturalized. So you have not worked for 5 yrs is NOT an issue especially when you are being supported by your spouse. However, your green card would be taken away. Why? Because you were laid off 6 months PRIOR to getting approval on your green card application. Even though it wasn't your fault if you were laid off but the fact still remain the same that you got your green card based upon THAT JOB; otherwise US govt. had no other reason to approve your application for green card.

My advice-Don't file for naturalization as of now. And since this issue will always be raised by USCIS whenever you would file an application for naturalization then you must need to consult with an immigration attorney whose expertise is in employment based immigration. Did you tell to USCIS about getting laid off from your job or notify them thru mail PRIOR to getting approved on your green card application? What was the nature of your employment upon which you were given the privilege of having green card? These are some of questions which are relevant in your situation. Keep it in mind that there are some exception wherein immigrants are still be allowed to keep their green card despite of loosing their job prior to getting approval on their green card application.

Good luck...

[n400_issue]

Spouse and myself already applied for N400 and we have interview on April 29th. Should I cancel my interview?

I'm afraid to say this - you're in BIG trouble. Don't get me wrong - I don't mean to sound negative - it's just the blunt truth. OTH, if it was marriage based, you would have been okay - my wife was in the same position, except that she worked for about 3 1/2 yrs after getting her GC (which was marriage based).

My $0.02: Hire an attorney because there's all this stuff about AC21, etc. that you need to worry about. If you do a search on the board for AC21 you'll get your share of threads. My interview's GC stuff..

[koolvik7]

However, your green card would be taken away. Why? Because you were laid off 6 months PRIOR to getting approval on your green card application. Even though it wasn't your fault if you were laid off but the fact still remain the same that you got your green card based upon THAT JOB; otherwise US govt. had no other reason to approve your application for green card.

I always like JohnnyCash’s posts which are always detailed and exhaustive. I agree with him in general except for one (referenced) statement because of an exception due to AC21. USCIS is on the side of the applicant if a) your I-140 was approved, and b) your 485 was pending for more than 180 days. However, even that case, the applicant should have worked for another employer with the same job classification (which does not hold true for you). So I would also be concerned about your situation. There was a recent N-400 approval where the guy ‘Changed’ employment 6 months after filing the 485 petition and not working for the Employer even for a single day (again that is different from your case).

As you answer JohnnyCashs question, can you also confirm it again that you received your GC through your own employer and its not derived from the spouse’s employment.

[n400_issue]

Yes my GC was Employment based but my GC was derived by my GC process.

[JohnnyCash]

Spouse and myself already applied for N400 and we have interview on April 29th. Should I cancel my interview?

Like I said ealier that there are few exceptions in the US immigration laws wherein applicants are still be granted a green card even if s/he is no more with the employer who initially sponsored them for the green card. But without knowing your specific situation/case, nobody can correctly answer to you.

But I must say that you would most probably loose your green card and be placed on deportation because of your given situation. So if I were you, I would first see an immigration attorney on this matter before proceeding on this pending N-400 if you don't want to give the detail of your job upon which you got your green card. You can postpone your interview or even withdraw your application. What is more important to you-being a US citizen or protecting yourself from deportation??

Good luck.

[n400_issue]

Booked appointment with Attorney tomorrow, will keep you posted and thanks for the info.

[koolvik7]

Booked appointment with Attorney tomorrow, will keep you posted and thanks for the info.

Good luck for tomorrow and your successive post will help this forum a lot and I am sure it will be appreciated by everyone. This question might already be on your list of things to ask tomorrow, but do ask the attorney if you file for N-400 again 3 years after your husband's Citizenship status. Will the things be different if you take a slight different route (Through Husband's Citizenship).

[mario123]

.....but do ask the attorney if you file for N-400 again 3 years after your husband's Citizenship status. Will the things be different if you take a slight different route (Through Husband's Citizenship).

Very good point!

I was thinking about telling her the same thing but didn't want to burden the poor soul any more than she already is

[JohnnyCash]

Yes my GC was Employment based but my GC was derived by my GC process.

Even though you edited your posting, yet still this statement of yours doesn't make any sense nor it clarifies the question which was being asked before about the nature of your job upon which you received your green card.

Unless you tell us what was the nature of your employment upon which you obtained your green card, nobody can tell you the right answer. But since you are avoiding to answer this question for whatever reason then I wish you good luck with the attorney. I could answer to your concern if I know the nature of your job upon which you obtained your green card because I was an aggressive immigration attorney.

Not that I want to discourage you but your situation doesn't look good. You are looking here revocation of your green card and ultimately a deportation unless interviewing officer would completely overlook this critical fact being busy or something else. Also, it's my advise to consult with at least 4-5 more attorneys than depending upon the advise from just one attorney. Time is the essence, so act quickly.

If your green card is revoked then USCIS would place you on a deportation proceeding wherein you will be asked why you shouldn't be deported. You will be informed that your green card is revoked because it wasn't obtained according to the laws, regardless of who made the mistake. At that time, your attorney could ask the judge to grant you a green card but based upon the marriage to a US citizen. I'm assuming that your husband would become a US citizen by then. But I am sure you know that approval of an application for naturalization doesn't mean applicants become a US citizen; rather they must need to take Oath in order to be a US citizen. Before the final hearing on your deportation if petition I-130 would get approved for you by USCIS then judge would grant you a green card right then and there.

Good luck.

[n400_issue]

Yes my GC was Employment based. E37
Spouse GC was derived from my GC process. E27

Green card was on EB3 based and worked in the IT industry coding software. To be clear I did legally enter the USA on H1B and company sponsered for the Green Card. I hope this would clearly help you.

[n400_issue]

Sorry my error!!!!!!!!!!!

Yes my GC was Employment based. E37
Spouse GC was derived from my GC process. E27

Green card was on EB3 based and worked in the IT industry coding software. To be clear I did legally enter the USA on H1B and company sponsored for the Green Card. I hope this would clearly help you.


I don't know about AC21 rule and when i came into effect, but I filed I 485 in Jan 2000. GC approved in Jan 2002. Anymore info let me know. Thanks for your support.

Even though you edited your posting, yet still this statement of yours doesn't make any sense nor it clarifies the question which was being asked before about the nature of your job upon which you received your green card.

Unless you tell us what was the nature of your employment upon which you obtained your green card, nobody can tell you the right answer. But since you are avoiding to answer this question for whatever reason then I wish you good luck with the attorney. I could answer to your concern if I know the nature of your job upon which you obtained your green card because I was an aggressive immigration attorney.

Not that I want to discourage you but your situation doesn't look good. You are looking here revocation of your green card and ultimately a deportation unless interviewing officer would completely overlook this critical fact being busy or something else. Also, it's my advise to consult with at least 4-5 more attorneys than depending upon the advise from just one attorney. Time is the essence, so act quickly.

If your green card is revoked then USCIS would place you on a deportation proceeding wherein you will be asked why you shouldn't be deported. You will be informed that your green card is revoked because it wasn't obtained according to the laws, regardless of who made the mistake. At that time, your attorney could ask the judge to grant you a green card but based upon the marriage to a US citizen. I'm assuming that your husband would become a US citizen by then. But I am sure you know that approval of an application for naturalization doesn't mean applicants become a US citizen; rather they must need to take Oath in order to be a US citizen. Before the final hearing on your deportation if petition I-130 would get approved for you by USCIS then judge would grant you a green card right then and there.

Good luck.

[pal_bay]

My wife applied N-400 and interview is scheduled for May.


Her case is as follows.
1. Stayed in a company for 225 days after her company applied for I-485.
2. She was laid off on Jan 4th, and worked for a week (mar20-29th) in another company with the same job description as her LC application.
3. got her GC approval on Mar 29th, 2001.
4. Worked for a week in 2003 for another company, again in the same job position/description.
5. Has been working from Oct 2004 (same job/description).

She is worried after reading the above case that whether she would have any issues at the interview. Will it not sufficient to stay in a company for 180 days after i-485 application?

Could someone please help us out? thanks

[n400_issue]

As per "JohnnyCash" he see's the problem with GC approval. Hope he will comment more on this.

My wife applied N-400 and interview is scheduled for May.


Her case is as follows.
1. Stayed in a company for 225 days after her company applied for I-485.
2. She was laid off on Jan 4th, and worked for a week (mar20-29th) in another company with the same job description as her LC application.
3. got her GC approval on Mar 29th, 2001.
4. Worked for a week in 2003 for another company, again in the same job position/description.
5. Has been working from Oct 2004 (same job/description).

She is worried after reading the above case that whether she would have any issues at the interview. Will it not sufficient to stay in a company for 180 days after i-485 application?

Could someone please help us out? thanks

[mario123]

I could be wrong and there are other "GC gurus" here that know A LOT more than me, but from what I know, it's not whether she stayed "180 days after i-485 application". It's more about what happened BEFORE and AFTER she got the actual GC in her hand (if you remember - per N400, time as an LPR starts with the date that's on your GC, not the other junk before that): was she with the same co? If not, then there is a potential problem.

I think you need to give a better timeline with dates (mm/dd/yyy) and the exact dates she worked with Co. A, B, C, etc - what you wrote above is a little confusing and hard to follow.

[koolvik7]

pal_bay, n400_issue:

There are Employment related similarities between the two cases, but we know each case is different (applicant could have been sick, had baby, family health.. etc).

For n400_issue things are complex because it was an Employment Based Petition and there has been no/0/nada ‘Employment’ to show once the GC was approved. Had there been some work history (same company or similar company w/ same job description) things would have been more on your favor. Husband’s GC is also derived from the Spouse, so even that is ‘vulnerable’.

For pal_bay, from your earlier posts, it appears your wife’s GC is independent of yours (please confirm). AC21 is in her favor as she changed job after more than 180 days after the filing of I-485 and had continuous employment (similar job) for sometime. However, the gray area is still ‘Lack of Employment’ immediately after the GC approval (for about two years).

The line of questions that both should be prepared to answer during the Interview Process (from the I/O field manual):
– Did you ever work for the petitioner?
– How long did you work for the petitioner?
– In what capacity did you work for the petitioner?
– Why did you leave the position?
– What were you paid?
– Where did you work for the petitioner (location)?
– Where did you go or work after you left your job with the petitioner or instead of working for the petitioner?
– When did you first learn that there would not be a long-term position for you?

It’s a tough call and I am not the expert at all. Some of the similar N-400 cases that I have seen being approved on the forum had changes in employment, but the applicant continuously worked and had no gap in employment. Please do consult the immigration attorneys.

JohnnyCash, others, what is your take on above?

[n400_issue]

Thanks "koolvik7"

I will have answers tomorrow from the attorney. My thinking for now is my spouse can take up the interview and get citizenship as scheduled. I am in no hurry for my citizenship, i can wait and have it by a other route (Marriage based).

[pal_bay]

Thanks all for replying so far.

koolvik7,
yes, my GC process is different from hers. I have got my LC approved, and waiting for I-140.

Regarding my wife's scenario, I'm worried because she didn't work right after she got her GC approved in the same company that sponsored or a different company.
Her timeline is:

I-485 applied: May 2001
Laid off : Jan 2002
GC approval: Mar 29, 2002

I have a couple of questions now.
Is there a rule that one has to work after GC approved? where is this documented?
Is there a rule that one is working in the same company when GC approved?
where is this documented?

thanks

[gc_guru]

pal_bay is in much better position than the original poster.
However it would be helpful for other members if you could post more info after your interviews.

Also if you could tell us which service center, that would be great.

[koolvik7]

Please check the posts from obongo, PR2001Cit2007, (and lately reddyrx) whose N-400 were approved recently. They all had different scenario, but you can assess how closely your individual cases are to them.

Also pal_bay and n400_issue, how good are your documentations (offer from the companies that laid your spouses off + and also from the companies that they worked in between)? I am also referring about Dates, Titles, Job descriptions and stuff.

[n400_issue]

Attorney suggested that I withdraw N-400 for myself and spouse. Reason Spouse GC is derived from mine and as the IO may ask questions under oath about spouse job, you will have to tell the truth. Attorney said that i go to the Local DO on the interview date and when call in, to say that i do not intend to peruse my N400. They would make us sign a form and we get a copy to keep.

Anyone can suggest me if there other ways for N400 withdrawal.

[Ignorantperson]

You may want to get a second and a third opinion

[koolvik7]

You may want to get a second and a third opinion

Absolutely, please get opinions from other Attorneys and make sure they do specialize in Immigration Laws have a good track record (I am sure you did look into that already). You can ask the forum members about recommended attorneys in your local area.

[n400_issue]

I just paid $150 to attorney for a 20 min phone consultation. I hope the forum and other can share there suggestions.The Indian Attorney does specialize in immigration law,mostly H1B to US Citizenship.

[n400_issue]

Trying to understand,

What question will be asked by the IO for the Derived GC N-400 applicant?
Will the IO want to know if the Spouse (Job Status who applied for the GC on employment based)?
What basically does the IO verify for the Spouse Derived GC N-400? (Taxes or any other doc's)


My hopes was at least the spouse could get N-400 approved. But attorney just didn't want that.
Can someone write about their interview experiences of spouse's N400 approval as being House Wife or working after GC?

[koolvik7]

For the benefit of this forum and to enable other members to help you better, would you mind sharing the highlights of your phone consultation with the attorney?

$150 attorney fee does pinch a little, but believe me its nothing when there is question of your family’s entire Immigration journey and the steps you are contemplating to take next. Just like me, the forum members understand your plight because we are also undertaking the journey and are in same side of you (vs. a bureaucratic machinery called USCIS).

[n400_issue]

Client:-I sent the information about my case history.
Attorney:- Received your case history
Client:- What do i need to do?
Attorney:- Are you working currently?
Cleint:- No
Attorney:- Why you are not working?
Clent:- Homemaker
Attorney:- Why you want to get citizen?
Client:- Because I was eligible after 5 years.
Attorney:- Based on you situatuion both of you would need to withdraw N400
Client:- Ok! Why?
Attorney:- You do not show any records of 5 years of job history.
Client:- How about spouse derived GC?
Attorney:- That's derived GC based on your's.
Client:- What specific reason of the derived GC spouse N400 withdrawal?
Attorney:- IO may ask about the Primary GC job status, and will have to tell the truth as is under oath.( I am asking this forum will derived GC be asked such a question? what other things will they asked i assume "Tax filing"?)
Client:- Hypothetical question if the Primary GC gets back to work and works 5 years will it ok to file N400 employment based as N400 needs jobs history of 5 years.
Attorney:- Well still there will be problem if the IO will ask the question, if you worked for sponsor GC after GC was approved and you will have to tell the truth, under oath.(May be less likely they ask seeing your job employment)


So that's were we finished a little more but nothing important to say.

Based on Attorney, i came to conclusion to withdraw N400.

[n400_issue]

Homemaker or started to work after getting your derived GC , with Citizenship approved, please post your Interview question or document needed?