Stop Working before Green Card

[JohnnyCash]

There are few facts you (and others) should know-

[1] Always get opinions from at least 4-5 attorneys than completely (blindly) relying from one attorney alone.

[2] Many attorneys do provide consultation/opinion over the phone than in person which you might like to take advantage of.

[3] Many attorneys don't charge for initial consultation. Thus, you might consider to take advantage of their generosity especially when you are just looking for their opinion than a representation (hiring them).

[4] Always avoid attorneys who would say that they cannot give their opinion over the phone because they don't know you or your case/situation at all. Because it's just a trick to get you to their office so that they can make money out of you even though they would willing to provide a free consultation in person. And then there are attorneys who charge $50-$300 for an hour consultation by saying that this money would be deducted if you would choose to retain them. I'm sure there are many people who think/say that you shouldn't think about money because expertise costs money. Or they might say that you rather pay this much money on these kinds of attorneys than being sorry in the end. Then only thing I would say is that going to these kinds of attorneys should be the last option unless you have extra money to spend.

[5] You will never find the consistency in the opinions given by attorneys because each attorney has his/her own take-on on a given situation. Why is it like that? Because each person in this world is unique and different being individual. So obviously they have their own mind to think/act. Thereby, don't be surprised or think negatively about any of attorney if you get different opinions from them. That's why I previously said that it's always advisable to get opinion from at least 4-5 attorneys so that you could be sure on something.

[6] I've said more than once that never ever assume the outcome of your case based upon the outcome of other people even if other people's situation might have been similiar to yours. Why? Because each officer is different and unique being individual. Meaning some officers are tougher than others. Just because there wasn't a problem for others who were in a similar situation like yours then that doesn't mean you won't have a problem either. I've seen hundreds of cases on this board wherein some people were able to become US citizen without a hitch, while other people were drilled for so long about their past or even were denied. Also, many people have been struck in 'name check' nonsense for many months/years. Does that mean you would also be struck in this name check thing if you like to assume the outcome of your case based upon others??

Let me tell you about some cases from here which show/prove that some officers are tougher than others and they do act differently. In a case USCIS found out during an interview for Naturalization that applicant came here on a student visa but never went to school here; rather he started working. After some time later he met a US citizen and got married and obtained a GC thru that marriage. After 3 yrs later he filed for citizenship and thought his citizenship interview would be a breeze like it was during the time of obtaining green card, but to his surprise his case got denied and he was about to face the possible deportation. He came on here to get help. I advised him to appeal the denial on the ground that there wasn't any immigrant intent on his part when he landed here on a nonimmigrant visa based upon some circumstantial situtaions of him which he said over this board. He appeared in a hearing for appeal with his attorney and was able to reverse the denial on his citizenship appoication and eventually his application for citizenship got approved. However, luck was his side too because if the officer on his appeal-hearing wasn't a nice officer, he would have been definately facing a deportation based upon his immigration past.

Similarly, there was a case wherein interviewing officer came to know during the interview that applicant was married before but got divorce in order to get married with a US citizen and obtained a green card thru marrying with US citizen but lived during all this time with the first husband. And after obtaining green card, she married back to her first husband so that he could get a green card. Officer denied the case under marriage fraud. And in another case officer found out that a guy was single for many years as per his citizenship application but after careful review of his tax returns officer found that he had been filing his tax-returns as married so that he could get advantage of tax break. Also, there was a case wherein officer approved a citizenship application for a woman in NJ knowing well that she was convicted for shoplifting. I mean, as per immigration laws and reported court cases, conviction on shoplifting crime is a deportable crime even if immigrants are charged for misdemenor for shoplifting in state court. But instead of deporting her, officer chose to make her US citizen. I'm 100% sure that her case can easily be reopened if someone would report to USCIS and then not only her but also her parents would be deported who obtained US citizenship based upon her as she sponsored them right after becoming a US citizen. Nevertheless, I'm not here to say what was wrong and what was right; rather I'm here to mention that each officer acts differently.

These are just few cases out of hundeds. All I just want you to know that some officers are tougher than others. Otherwise how many officers even care to look carefully in these kind of info. Thereby, you should never assume the outcome of your case based upon others. You most probably won't get the same officer who interviewed others.

As for your case then you are looking a revocation of your green card and a possible deportation. Your spouse is a derived beneficiary then your spouse would also loose the green card as a result of your action. If you would have worked (or have switched your job) with a different employer in the same kind of field/duties after obtaining a green card then it could have been a different senario because then you would have something to argue with USCIS/Immigration courts about your intent by saying that either company was not paying you the prevailing wages or you found a better opportunity with other employer. I mean, you would have something to justify in your case then. You have to know that sometimes immigration officers do use their discretionary authority to approve a citizenship application despite of knowing well that applicant switched the job to a different employer right away after obtaining the green card or never worked for the employer who initially sponsored even though law states that applicant cannot quit CERTAIN jobs before 18 months.

After how long of filing I-485 you obained your green card could also have been considered to justify your move if you would have changed your job in the same field with another employer. But since you didn't work at all then you have nothing to argue to defend yourself.

Some people might say to you that you might have a hope to get approval on your citizenship application because some people on this board who were in a similar situation like yours were able to become a US citizen, but then keep it in mind that some officers are tougher than others. And modus operandi of each officer is different. Some officer don't even care to ask anything, while others would drill you and pick on you on even little-little things. It could be possible that officer might completely overlook this critical fact in your case, or probably won't even care but can you honestly tell that that's how it would 100% turn out??

If you want to take a risk then go for it. But if you say that you rather live and work here than being deported then both of you (you and your spouse) must withdraw the pending naturalization application. You can choose to refile it after few yrs later (at least 8-10 yrs) since this issue most probably won't come up by then, or you can choose to remain just a permanent resident.

As for your husband's case then it is highly unsual for USCIS to ask him about your job history. I personally don't think even for a second that USCIS would question him about your job or your job history to make a decision on his citizenship application even though he obtained his green card based on yours. They have no possible and whatsoever reason to suspect about your situation in order to decide his case unless they check his tax returns and would find out that you haven't worked for the employer who sponsored you. But the possibility of them to check your work history thru his tax-returns is very slim because tax returns are required to see/check about applicant's situation than applicant's spouse. But I cannot rule this out either.

The best thing for you guys to do is to withdraw the applications. And the best way to withdaw the application is by going personally to local office on the day of interview. They won't ask why you are withdrawing because people do change their mind at the last moment because of various reasons. Sending them letter in the mail is not a good idea even if you might think to send a certified mail because you will hardly receive a confirmation on your request then. Not appearing for an interview is another way to get rid of the application but then it would be considered as DENIED because of abandonment of it than withdrawing which might not look good in the future.

Good luck

[JohnnyCash]

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.

Based upon this attorney's response here on your question I can bet that this attorney is not a good immigration attorney even if he might be practicing laws for many years and specializing in employment based immigraiton. Why? Because he gave you TOTALLY FALSE response here when he said that you need to withdraw your pending N-400 because you don't show any record of 5 yrs of job history.

Like I've said many times on this forum that applicants for naturalization don't need to have a job in order to be naturalized. Rather they can still be naturalized if they don't work or are on welfare so long they can show some kind of evidence of supporting themselves like spouse or anyone supporting them or etc. Because if applicants don't have a visible means of income, then it's USCIS assumption that applicants might be involved in a shady business like drug dealing or something like that, or might be working under the table to avoid the taxes, which is seen as having a bad character. And having a good moral character is the prime requirement to be naturalized.

So, for this attorney to have said that you should withdaw your application because you don't have any work history for 5 yrs of job then it's completely a wrong advise. He should have rather said that you should withdraw your application because you stopped working 6 months prior to getting approval on your green card for the employer who sponsored you for the immigrant visa AND/OR that you did not work for another employer either in the same field of job after obtaining the green card under employment category.

[JohnnyCash]

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"?)

Like I said in my earlier response that USCIS normally don't ask applicants about their spouse's job history but since it's relevant here because your spouse is a derived beneficiary then they can. They could just ask your spouse if you are still working for the same company that sponsored you or how long did you work for that company after obtaining a green card. They can even demand to see a proof that you worked for the company after obtaining the green card. And noone should lie under Oath. Plus, most of times they do ask the tax-returns, which would be enough for them to know about your job history.

[Tigers07]

JohnnyCash and others,
I always visited this forum to read but never became a member since my husband was taking care of immigration issues. But after reading this theard, I am little concerned about my situation.

I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
Thanks

[rajmash]

hi

i have a friend who is in a similar situation.

he applied for a greencard thru a company! but by the time he got hisgreen card (after 6 mos of I485) his job moved to canada- same company- and he had to move to canada - he got his greencard and he was travelling back and forth to us and canada - presumbaly he got REP also- to keep GC alive

and then after two years found a position back in US - same company and moved here. and is working with the same company

so what will happen to him. he is in the same company - but moved to canada - while an during the intial 2 yrs of obtaining GC - and moved back to US?


he is willing to file for citizenship after 5 yrs of US emplyment - taxes and all that- but will they dig back to - what happened when he got GC?

alternatively - if he waits for his spouse to get GC and citizenship - on her own - and apply as a dependent for citizenship -will they still dig in to his GC past?

[warlord]

I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.

He could work at Burger King after getting his GC and it wouldn't matter. The fact is if he had his GC through his company and was still working at that company when he got it, it shouldn't matter at all after that. The Naturalization process has no requirement the GC holder must be employed at all. If you have gotten your GC from his (which he legitly got) then, why would there be any issue?

If he had left the company and then got the Green Card that would be a whole different story which is what I think the original poster had happen...

[n400_issue]

Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.

We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.

Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.

Like I said in my earlier response that USCIS normally don't ask applicants about their spouse's job history but since it's relevant here because your spouse is a derived beneficiary then they can. They could just ask your spouse if you are still working for the same company that sponsored you or how long did you work for that company after obtaining a green card. They can even demand to see a proof that you worked for the company after obtaining the green card. And noone should lie under Oath. Plus, most of times they do ask the tax-returns, which would be enough for them to know about your job history.

[koolvik7]

Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.

We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.

Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.

n400_issue,

We respect your decision and know it must be little disappointing. Since you still have some time before your interview, please keep on monitoring this forum, you may find more information that 'may' support to rethink (just a possibility). Meanwhile, as JohnnyCash had mentioned, try to utilize some free consultations from the legal forums or attorneys. I will also keep an eye on some other discussions and hope to pass on the message to you if I do find something of interest for you.

Good luck, please do keep an open mind (with realistic expectations).

[Tigers07]

I understand your decision to withdraw N400 application. For the benefit of this forum, can you please keep posting with your updates.

Good luck and thanks

Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.

We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.

Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.

[JohnnyCash]

JohnnyCash and others,
I always visited this forum to read but never became a member since my husband was taking care of immigration issues. But after reading this theard, I am little concerned about my situation.

I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
Thanks

I wouldn't advise you guys to withdraw your pending applications because I don't see any problem here. Why? Because 2.1 yrs of time that took him to receive his green card after filing I-485 goes in his favor; otherwise leaving the job after 2 months of receiving a green card would have definately caused a big mess.

You have to know that there is no any law that states that green card holders should stay with the sponsored employer for so and so period, but it's USCIS position that if a green card holder leaves his/her sponsored employer within six months of obtaining a green card then they suspect a fraudulent intent on immigrant part. Leaving the sponsored employer after 4 months of obtaining a green card could be aruged and officer could use his discretionary authority to ignore it but leaving the job after 2 months later would definately trigger problem unless there is a reasonable reason to back up.

Nevertheless, he is safe because he had worked long enough for the sponsored employer especially when it took so long for his AOS to be decided. For him not working now is not a problem but he should carry your tax returns to show that you are working and his is a homemaker. They would just like to know how he is supporting himself without visible means of income. And that's where you come in the picture. For him to have gone back to Civil Engg. after obtaining a green card is NOT a problem at all.

Good luck...

[JohnnyCash]

hi

i have a friend who is in a similar situation.

he applied for a greencard thru a company! but by the time he got hisgreen card (after 6 mos of I485) his job moved to canada- same company- and he had to move to canada - he got his greencard and he was travelling back and forth to us and canada - presumbaly he got REP also- to keep GC alive

and then after two years found a position back in US - same company and moved here. and is working with the same company

so what will happen to him. he is in the same company - but moved to canada - while an during the intial 2 yrs of obtaining GC - and moved back to US?


he is willing to file for citizenship after 5 yrs of US emplyment - taxes and all that- but will they dig back to - what happened when he got GC?

alternatively - if he waits for his spouse to get GC and citizenship - on her own - and apply as a dependent for citizenship -will they still dig in to his GC past?

No problem whatsoever in this case. Clear cut case for approval.

[JohnnyCash]

Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.

We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.

Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.

I am glad that you chose to withdraw your case at this time. I think this is the right thing to do in order to avoid deportation. Your case is different than others because you not only stopped working for the sponsored employer 6 months prior to obtaining the green card but also didn't work at all for another employer in the same field/job.

It's my suggestion not to apply for naturalization for at least 7-10 yrs more because by then USCIS won't dig as to when you left the sponsored employer which is only bummer in your case as of now.

Good luck...

[Tigers07]

JohnnyCash, koolvik7 and others.
Thanks for your advise. I started another thread in this board, so please ignore it.

[pal_bay]

Last night my wife and I consulted a lawyer to get another opinion regarding my wife's scenario.
Lawyer said its not a problem as my wife didn't port her application with another company before she got her GC approval. Moreover, my wife stayed with the sponsoring company for more than 180 days and was laid off by the company, she said that also adds positively to the case.

Even though lawyer was pretty confident that there wont be any problem, I'm still skeptical and would like to hear from other members and lawyers.

thanks

[N400_SNA]

Just my 2 cents on this whole issue. I had come here to US in 1994 on H1B and started my GC process in 1999 ( I know I wanted to go back.. ) , I485 in January 2000, and actually got my GC in Feb. 2002 (after repeated calls to the Illinois Senator for help). I was working for the firm that sponsored my GC from August 1996 till Jan 31st 2002. I had to leave them because they changed the employment contract from January 1st 2002 that they will only pay me for the "Project Time" and no pay during the "bench time". Also they had withdrawn the Medical Insurance and left us without any Medical Insurance. My wife was very early in her pregnancy at the time and I was desperate to find another job (even without any end in sight for my GC). After I joined my new employer on 02/05/2002 I heard my GC status on the phone on 02/06/2002 that it was approved the same day. I thanked my lucky stars and got the plastic card a few months later.
I thought my ordeal is over till my wife went for her interview on 04/25, where the IO asked her about my job history and everything about my sponsoring employer. She was approved but I was cautioned by her IO that I might be asked tough questions about my employment history and I better come prepared with answers. (What a nice IO she was...).

My interview was a couple days later early in the morning at 7:15 AM, the nice IO invited me in her office. Standard set of questions that everyone has told about their interview experiences here were repeated for me. Upon interrogation on my employment history I told her about my story about how I had to leave the job because of medical insurance, because they did nto want to pay me a salary unless I was on a project etc. The IO told me that it doesn't really matter how long have you worked with the sponsored employer *before* the GC approval, you are expected to work sometime *after* the GC approval or else it is considered as a fraud. Anyway, she mentioned to me that this alone could result in my deportation (boy I was almost about to cry at the time).
After all the formalities were over she asked me to write my story and sign it on a peice of paper and that was attached with the file. I also gave her a copy of the contract that my sponsoring company had sent me. She said she would want to go and talk to her supervisor and come back to me. After 10 minutes she came back and said that her supervisor thinks that since you had valid reasons for leaving your employer and you stayed in the same field, you probably did not have any intent of comitting a fraud to gain LPR status. Hence she is recommending my case for approval. I asked her how long it is for the oath and she said the file now goes for a secondary review. If everything is OK maximum 90 days. about 2 1/2 weeks later I got my Oath letter. May 30th I am scheduled for the Oath.

Hope this helps to someone who is in similar situation. I think it all depends on your circumastances. I think I was able to make the IO believe that it was not me who wanted to leave the job it was forced upon me. My use of words like, I had to choose between leaving my employer and being able to support my familiy ( I am a single income family) and put food on the table of my family and be able to give my wife a decent opportunity to give birth to our scond daughter and not run in huge debts, and I chose to find another job. I think it made her see that it was my situation that forced me rather than a choice.

Good Luck to you all. Hope you all get your N400 approvals soon.

Take Care

[koolvik7]

Congratulations N400_SNA, it must have been quite sigh of relief. Thank you for sharing your experience, it would be helpful to the forum members.

[gc_guru]

IMHO , pal_bay is in a much better position.

Johnnycash, are you a practising attorney?
BCIS would of course revoke the derivative petition as well, so how can the spouse become USC ? Your approach seems incorrect to me( I am no attorney, just applying basic knowledge)...


n400_issue, let us know what happens & how it goes.

[gc_guru]

N400_SNA ?

Which service center did you have to go to?

[koolvik7]

IMHO , pal_bay is in a much better position.

Johnnycash, are you a practising attorney?
BCIS would of course revoke the derivative petition as well, so how can the spouse become USC ? Your approach seems incorrect to me( I am no attorney, just applying basic knowledge)...


n400_issue, let us know what happens & how it goes.

pal_bay (spouse) has already received N-400 approval couple of days back.

[N400_SNA]

N400_SNA ?

Which service center did you have to go to?

GC_Guru, I had applied to Laguna Niguel, CA which I believe comes under Santa Ana DO.

Take Care,

[N400_SNA]

Congratulations N400_SNA, it must have been quite sigh of relief. Thank you for sharing your experience, it would be helpful to the forum members.

Thanks koolvik, it sure was a very big relief for me. Now hopefully the Oath ceremony also goes well and without a hitch.

Take Care,

[Normann]

Ok so I am freaking out reading this thread now.

We have not filed N400 yet. The original case in this thread looks like a cake compared to mine. I hope nobody minds that I "bump" this thread as it is an informative one and I am curious what new has happened since 2007.

So while we were on a visit here in 1999 we met a business owner, by a freak chance who was the same national. He ended up offering me a great job. We bacame very good friends and still are in a weekly contact. I took his offer. So me and my wife did an adjustment of status from tourist to H1B. It was advised by our lawyer to not leave. That right there is a red flag I know.

I started to work for him once we got the H1B. After H1B we filed for GC and EAD. About 2-2.5 years later (I forgot the actual dates I will have to dig it up) the company went from an amazing outlook and bright future, into a chapter 7 within a few months due to a major customer who was supposed to acquire us ended up being eaten up by a global company and thus left us. This was out of the blue.

70% of the business gone within 2-3 months, chapter 7 shortly after. They could not size back that fast and the overhead was huge. In addition the owners had issues with each other. At this time my EAD just got approved and my GC application was in there for about 2+ years. I had to take a much lower quality job in a different profession completely. In part due to the poor job market at around 2003. I knew this was going to be a problem but I could not use AC21 so my lawyer then told me to see and wait or go home. We got the GC in 2005 no RFE. I knew right then that this will be a problem later.

After that chapter 7 I decided I was going to do more studying while working and ended up changing careers completely. I went from business into aviation pursuing my old dreams. I am still in this line of work.

My only argument, in our favor is that at the time we have filed we really did have the intent to stay in that job, had it been processed in a timely manner I would have stayed in that job after GC. Heck, had they not gone out of business I sure would have never left them.

I think i am screwed beyond repair. Especially now we are thinking of moving to the middle east for a few years due to a possible job offer. The only thing holding back is to secure the US passport since I would rather not try to do the GC limbo back and forth from there. Eventually we will move back to the USA though. I certainly don't want to give up 10 years of our life and not get a US passport.

[BadKarma]

This is in response to Normann's posting.

I don't think your case is screwed up beyond repair. However, it is not a straightforward case either. To say the least, you'll have a lot of explaining to do at the time of the interview if you don't run into RFEs before that point. I would strongly suggest getting in touch with a good lawyer. I am not sure where you are located but if you are in the North East, you could go for Sheela Murthy (www.murthy.com). Be forewarned that she can be quite expensive but she has an impressive record and is very good at what she does. Mind you, I am not connected to her in any way whatsoever. Of course, this is not to say that there aren't other good ones out there.

[Bobsmyth]

It really depends on the underlying factors of why you left the sponsoring employer. Bankrupcy is beyond your control, whereas leaving employer voluntarily isn't. Check with an experienced immigration attorney on how to best present your case.

[Jackolantern]

I don't think your case is screwed up beyond repair.

It is beyond repair. The green card was obtained improperly, because the sponsoring employer no longer existed, and there was no other "same or similar" job or job offer at the time of adjudication (thus no AC21 protection). The green card would have been denied if USCIS know about the situation at the time of adjudication.

[Al Southner]

Guys,

I am trying to find out what Normaan did wrong in procuring his greencard. USCIS approved his GC even as the company that sponsored him was being eaten alive by sharks, he doesn't have any responsibility to report this issue to USCIS. I am yet to come across any law which requires someone being sponsored by a company in financial difficulty for GC to report this info. In my opinion, he has an explaining to do to the extent that he can, since he wasn't the CFO of the company, USCIS would be wrong to try to screw him for this issue which he has no absolute control over. I would encourage him to talk to a competent immigration lawyer to understand some blind spots which his sponsoring company created for him, but he is the victim in this situation who became the victor..GC holder...

[Jackolantern]

Guys,

I am trying to find out what Normaan did wrong in procuring his greencard. USCIS approved his GC even as the company that sponsored him was being eaten alive by sharks, he doesn't have any responsibility to report this issue to USCIS. I am yet to come across any law which requires someone being sponsored by a company in financial difficulty for GC to report this info. In my opinion, he has an explaining to do to the extent that he can, since he wasn't the CFO of the company, USCIS would be wrong to try to screw him for this issue which he has no absolute control over.

Having no control over the situation doesn't always protect the applying immigrants.

For example, if a primary beneficiary awaiting AOS dies, their derivative spouse and children lose their eligibility for AOS, even though the death wasn't their fault. Now suppose the death wasn't reported to USCIS, and USCIS approves all their cards (assume they already did the interview when the primary was alive, or it was an EB case with no interview). If USCIS finds out about the death when they apply for naturalization, they would revoke the green cards, even though it wasn't their fault.

Fraud and fault is not the only reason for revoking a green card; there are issues of eligibility that can cause it to be revoked. If the sponsoring company goes out of business before GC approval and the individual did not find an AC21-compliant similar job at any time while the AOS was pending, that means the individual was not eligible for the EB green card, and USCIS would be right to revoke it if they found out the situation after approval.