Citizenship Application Concern

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complexity

Registered Users (C)
Hi All -

I have a bit of concern applying for my citizenship. Here's why:

I came to the US about 15 years ago on a business visa. At the time I had no intention of staying back. However, I had a disagreement with the management and decided to resign while I was here. And since I was here already, I decided to extend my stay (applied for a tourist visa change of status the day I resigned) to tour around a bit and visit some family before I went back. During that stay, I got offered a job with a local firm which was very lucrative (non-IT - sales/mktg). I decided to stay and take up an H-1. Thereafter, while I was working, I became interested in the IT industry and went to school to get my MS (in IT) and upon graduating, took up a job in the IT industry. My green card was obtained (about 10 years ago) through this new job that I got based on my educational qualification.

Here's my question - I am in the process of applying for my citizenship. Would there be any trouble based on the above history? At no point was I illegal and I have worked hard to play by the book at all times. Anyone have any similar experiences? Please help.
 
Not in my opnion, assuming there are no skeletons in your closet :)

complexity said:
Would there be any trouble based on the above history? At no point was I illegal and I have worked hard to play by the book at all times. Anyone have any similar experiences? Please help.
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complexity said:
Hi All -

I have a bit of concern applying for my citizenship. Here's why:

I came to the US about 15 years ago on a business visa. At the time I had no intention of staying back. However, I had a disagreement with the management and decided to resign while I was here. And since I was here already, I decided to extend my stay (applied for a tourist visa change of status the day I resigned) to tour around a bit and visit some family before I went back. During that stay, I got offered a job with a local firm which was very lucrative (non-IT - sales/mktg). I decided to stay and take up an H-1. Thereafter, while I was working, I became interested in the IT industry and went to school to get my MS (in IT) and upon graduating, took up a job in the IT industry. My green card was obtained (about 10 years ago) through this new job that I got based on my educational qualification.

Here's my question - I am in the process of applying for my citizenship. Would there be any trouble based on the above history? At no point was I illegal and I have worked hard to play by the book at all times. Anyone have any similar experiences? Please help.
Click to expand...

Everything looks fine, I don't think you'll have any problems. Moreover, if USCIS had concerns about your non-immigrant history, they would have been raised at the adjustment of status stage of your green card application.
 
complexity said:
Thereafter, while I was working, I became interested in the IT industry and went to school to get my MS (in IT) and upon graduating, took up a job in the IT industry. My green card was obtained (about 10 years ago) through this new job that I got based on my educational qualification.
Click to expand...
After your green card was approved, did you work for the company that sponsored your green card? If not, that could be a problem, considering that AC21 was not in effect until October 2000, and it seems like you may have obtained your GC before that.
 
Jackolantern said:
After your green card was approved, did you work for the company that sponsored your green card? If not, that could be a problem, considering that AC21 was not in effect until October 2000, and it seems like you may have obtained your GC before that.
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Interesting question :) - Here's what transpired - When I joined the sponsoring company (consulting firm), they had an agreement with my client that the client could hire me at any point. 15 days before I got my greencard, they exercised the right to hire me and I officially joined them 10 days after my GC approval. However, keep in mind that this was all in late 2001 (post AC21 regulation). I also got a letter from my sponsoring company (and their HR department confirms it even today) that this was the agreement between the two firms, that I worked with the client from day one and I continued to work with the same client for 5 more years all in the same job description. Thoughts?
 
So that job change was in late 2001? From your original post it seems like your green card was approved in 2000 (you mentioned 10 years ago).

You only worked for the sponsor for 9 days, so I would not say you are 100% safe.

However, these other factors would put you at 99.5% safe in my opinion:
1. The job change was post-AC21 legislation
2. You actually did work for the sponsor post-GC (albeit just 9 days)
3. The job change was not your initiative.
4. The job change was more than 5 years ago so the interviewer would not see when you changed jobs on the N-400, although they could take the initiative to ask about jobs before the 5-year employment history.
5. You have a GC for more than 5 years, so even if they deny your citizenship, it is much more difficult for them to revoke the GC.
 
Thanks for your response Jackolantern. My mistake, I should have mentioned the timelines correctly. Appreciate the feedback. This will be very helpful as I prepare for my interview.
 
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